Presumptive Disability Law in British Columbia

Presumptive Health Initiative

CODE PART:
Workers Compensation Act
[RSBC 1996] CHAPTER 492

Division 2 – Compensation

5.1 Mental Disorder
6.1 Firefighters’ occupational disease presumption
6.2 Emergency Intervention Disclosure Act
Firefighters Occupational Disease Regulation

British Columbia Legislative Website

DESCRIPTION:

Mental disorder

5.1

1

Subject to subsection (2), a worker is entitled to compensation for a mental disorder that does not result from an injury for which the worker is otherwise entitled to compensation, only if the mental disorder

  1. either
    1. is a reaction to one or more traumatic events arising out of and in the course of the worker’s employment, or
    2. is predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker’s employment,
  2. is diagnosed by a psychiatrist or psychologist as a mental or physical condition that is described in the most recent American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders at the time of the diagnosis, and
  3. is not caused by a decision of the worker’s employer relating to the worker’s employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker’s employment.

(1.1)
If a worker who is or has been employed in an eligible occupation

  1. is exposed to one or more traumatic events arising out of and in the course of the worker’s employment in that eligible occupation, and
  2. has a mental disorder that is recognized, in the most recent American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, at the time of the diagnosis of the mental disorder under subsection (1)(b) of this section, as a mental or physical condition that may arise from exposure to a traumatic event, the mental disorder must be presumed to be a reaction to the one or more traumatic events arising out of and in the course of the worker’s employment in that eligible occupation, unless the contrary is proved.

2
The Board may require that a psychiatrist or psychologist appointed by the Board review a diagnosis made for the purposes of subsection (1) (b) and may consider that review in determining whether a worker is entitled to compensation for a mental disorder.

3
Section 56 (1) applies to a psychiatrist or psychologist who makes a diagnosis referred to in this section.

4

In this section:

“correctional officer” means a correctional officer as defined by regulation of the Lieutenant Governor in Council;

“eligible occupation” means the occupation of correctional officer, emergency medical assistant, firefighter, police officer, sheriff or, without limitation, any other occupation prescribed by regulation of the Lieutenant Governor in Council;

“emergency medical assistant” means an emergency medical assistant as defined in section 1 of the Emergency Health Services Act;

“firefighter” means a member of a fire brigade who is

  1. described in paragraph (c) of the definition of “worker” or employed by the government of Canada, and
  2. assigned primarily to fire suppression duties whether or not those duties include the performance of ambulance or rescue services;

“police officer” means an officer as defined in section 1 of the Police Act;

“sheriff” means a person lawfully holding the office of sheriff or lawfully performing the duties of sheriff by way of delegation, substitution, temporary appointment or otherwise.

“psychiatrist” means a physician who is recognized by the College of Physicians and Surgeons of British Columbia, or another accredited body recognized by the Board, as being a specialist in psychiatry;

“psychologist” means a person who is registered as a member of the College of Psychologists of British Columbia established under section 15 (1) of the Health Professions Act or a person who is entitled to practise as a psychologist under the laws of another province.

Firefighters’ occupational disease presumption

6.1

    1. In this section, “firefighter” means a member of a fire brigade who is
      1. described by paragraph (c) of the definition of “worker”, and
      2. assigned primarily to fire suppression duties, whether or not those duties include the performance of ambulance or rescue services.

(1.1) If a worker who is or has been a firefighter contracts primary site lung cancer, the disease must be presumed to be due to the nature of the worker’s employment as a firefighter, unless the contrary is proved.

    1. If a worker who is or has been a firefighter contracts a prescribed disease, the disease must be presumed to be due to the nature of the worker’s employment as a firefighter, unless the contrary is proved.
    2. The presumptions in subsections (1.1) and (2) apply only to a worker who
      1. has worked as a firefighter for the minimum cumulative period prescribed for the disease, which minimum cumulative period may be defined differently, and be different, for different categories of firefighters,
      2. throughout that period, has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, and
      3. is first disabled from the disease on or after the following date, as applicable:
        1. in the case of a disease that, on or before the date this subparagraph comes into force, was prescribed by regulation for the purposes of subsection (2), April 11, 2005;
        2. in the case of primary site lung cancer, May 27, 2008;
        3. in the case of a disease that, after the date this subparagraph comes into force, is prescribed by regulation for the purposes of subsection (2), the date on which that regulation takes effect.

(3.1) In addition to the requirements of subsection (3), the presumption for a primary site lung cancer applies only if

    1. the worker has, in his or her lifetime, smoked a combined total of fewer than 365 cigarettes, cigars and pipes, or
    2. the worker has been a non-smoker of tobacco products immediately before the date on which the worker is first disabled from that disease for the minimum period that may be prescribed, which minimum period may be different for different types or amounts of previous tobacco product usage.
  2. The Lieutenant Governor in Council may make regulations for the purposes of subsections (2), (3) (a) and (3.1) (b).
  3. [Repealed 2009-7-2.]
  4. In subsections (7) to (9) of this section:
    • “firefighter” means a worker who is a member of a fire brigade and is assigned primarily to fire suppression duties, whether or not those duties include the performance of ambulance or rescue services;
    • “heart disease” includes disease of the pericardium or coronary arteries;
    • “heart injury” includes heart attack, cardiac arrest or arrhythmia.
  5. If a worker is disabled as a result of a heart disease and was employed as a firefighter at or immediately before the date of disablement from the heart disease, the heart disease must be presumed to be due to the nature of the worker’s employment as a firefighter, unless the contrary is proved.
  6. If a worker is disabled as a result of a heart injury and was employed as a firefighter at or immediately before the date of disablement from the heart injury, the heart injury must be presumed to have arisen out of and in the course of the worker’s employment as a firefighter, unless the contrary is proved.
  7. The presumptions in subsections (7) and (8) apply only to a worker who
    1. has been regularly exposed, throughout the worker’s employment as a firefighter, to the hazards of a fire scene, and
    2. is first disabled as a result of the heart disease or heart injury, as the case may be, on or after the date this subsection comes into force.

Emergency Intervention Disclosure Act

6.2

  1. In this section:
    • “applicant” means an applicant, as defined in the Emergency Intervention Disclosure Act, who has obtained a testing order under that Act respecting a source individual;
    • “communicable disease” means a communicable disease prescribed for the purposes of the Emergency Intervention Disclosure Act;
    • “source individual” has the same meaning as in the Emergency Intervention Disclosure Act.
  2. If a worker who is an applicant has contracted a comrmunicable disease, it must be presumed, unless there is evidence to the contrary, that the communicable disease is due to the nature of the worker’s employment, if
    1. the worker came into contact with the bodily substance of the source individual in the course of the worker’s employment, and
    2. test results obtained under a testing order made under the Emergency Intervention Disclosure Act indicate that the source individual is infected with a pathogen that causes the communicable disease contracted by the applicant.

Workers Compensation Act
Firefighters’ Occupational Disease Regulation

Definitions
1 In this regulation, Act means the Workers Compensation Act.

Prescribed occupational diseases
2 Each of primary leukemia, primary non-Hodgkin’s lymphoma, primary site bladder cancer, primary site brain cancer, primary site colorectal cancer, primary site kidney cancer, primary site testicular cancer and primary site ureter cancer, primary site cervical cancer, primary site ovarian cancer, primary site penile cancer, primary site pancreatic cancer and primary site thyroid cancer is prescribed as an occupational disease for the purposes of section 6.1 (2) of the Act.

Minimum cumulative periods of employment prescribed
3 The minimum cumulative period set out in Column 2 of the Table is prescribed for the purposes of section 6.1 (3) (a) of the Act in respect of the occupational disease set out opposite it in Column 1.

Item Occupational Disease Minimum Cumulative Period
1 primary leukemia 5 years
2 primary non-Hodgkin’s lymphoma 20 years
3 primary site bladder cancer 15 years
4 primary site brain cancer 10 years
5 primary site colorectal cancer 10 years
6 primary site kidney cancer 20 years
7 primary site lung cancer 15 years
8 primary site testicular cancer 20 years
9 primary site ureter cancer 15 years
10 primary site esophageal cancer 25 years
11 primary site breast cancer 10 years
12 primary site prostate cancer 15 years
13 multiple myeloma 15 years
14 primary site cervical cancer 10 years
15 primary site ovarian cancer 10 years
16 primary site penile cancer 10 years
17 primary site pancreatic cancer 10 years
18 primary site thyroid cancer 10 years

 

Minimum non-smoking periods prescribed for previous smokers

4 In the case of a worker who does not meet the requirement of 6.1 (3.1) (a) of the Act, the minimum period for the purposes of section 6.1 (3.1) (b) of the Act is prescribed as follows:

  1. if the worker smoked cigarettes,
    1. 6 consecutive years, if the worker smoked, on average, fewer than 7 cigarettes per week,
    2. 6 consecutive years, if the worker smoked, on average, 1 to 9 cigarettes per day,
    3. 13 consecutive years, if the worker smoked, on average, 10 to 19 cigarettes per day,
    4. 18 consecutive years, if the worker smoked, on average, 20 cigarettes per day,
    5. 23 consecutive years, if the worker smoked, on average, 21 to 39 cigarettes per day, and
    6. 28 consecutive years, if the worker smoked, on average, 40 or more cigarettes per day;
  2. 8 consecutive years, if the worker smoked, on average, one or more cigars or pipes per day but did not smoke cigarettes;
  3. if the worker smoked cigarettes in combination with cigars or pipes, the periods prescribed in paragraph (a) apply with a cigar or pipe counting as a cigarette.

Updated on August, 2023