Presumptive Disability Law in the Northwest Territory
CODE PART:
WORKERS’ COMPENSATION ACT
PART 2 – COMPENSATION
DESCRIPTION:
14. Presumptions
The presumptions in this section apply to entitlement to compensation, unless the contrary is proven on a balance of probabilities.
Presumption of occurrence: A personal injury, disease or death that arises out of a worker’s employment is presumed to have
occurred during the course of his or her employment.
Presumption of causation: A personal injury, disease or death that occurs during the course of a worker’s employment is
presumed to arise out of his or her employment.
Presumption respecting death: The death of a worker is presumed to have arisen out of his or her employment if the worker is
found dead at the place where the worker would be during the course of the employment.
Presumption of disease: A disease is presumed to have arisen out of a worker’s employment and to have occurred during the course of that employment if
the worker is disabled by the disease;
the worker has been exposed to conditions during the employment that might reasonably have caused the disease; and
the exposure to the conditions in paragraph (b) occurred at any time during the 12 months preceding the disability.
S.N.W.T. 2010,c.11,s.2.
Definitions
14.1.
is engaged in fighting fires as a full-time, part-time or volunteer member of a fire
department, and does not exclusively fight forest fires;
“listed disease” means any of the following diseases:
| Item | Listed Disease | Prescribed Period of Employment |
|---|---|---|
| 1 | Cardiac arrest within 24 hours after attendance at an emergency response | None |
| 2 | Multiple myeloma | 15 years |
| 3 | Primary leukemia | 5 years |
| 4 | Primary non-Hodgkin’s lymphoma | 20 years |
| 5 | Primary site bladder cancer | 15 years |
| 6 | Primary site brain cancer | 10 years |
| 7 | Primary site breast cancer | 10 years |
| 8 | Primary site colorectal cancer | 15 years |
| 9 | Primary site esophageal cancer | 25 years |
| 10 | Primary site kidney cancer | 20 years |
| 11 | Primary site lung cancer | 25 years |
| 12 | Primary site prostate cancer | 15 years |
| 13 | Primary site skin cancer | 15 years |
| 14 | Primary site testicular cancer | 20 years |
| 15 | Primary site ureter cancer | 15 years |
Presumption for firefighters: Notwithstanding section 14 and subject to subsection (3), a listed disease is presumed to have
arisen out of a worker’s employment and to have occurred during the course of that employment if
the worker is disabled by the listed disease; and
the worker is or has been a firefighter for the minimum period of employment prescribed in the regulations.
Smokers: Where the listed disease is primary site lung cancer, the presumption referred to in subsection (2) does not apply unless the worker has been a non-smoker before the date of the disability for the minimum period prescribed in the regulations.
The minimum period the firefighter has been a non-smoker before the date of the disability referred to in subsection 14.1(3) of the Act is
none if the firefighter has smoked, in his or her lifetime
less than 360 cigarettes,
less than 360 cigars,
less than 360 pipes, or
less than 360 cigarettes, cigars and pipes;
none if the firefighter has smoked on average less than seven cigars or pipes per week;
in the case of cigarettes
six years if the firefighter smoked on average less than seven per week,
six years if the firefighter smoked on average one to nine per day,
13 years if the firefighter smoked on average 10 to 19 per day,
18 years if the firefighter smoked on average 20 per day,
23 years if the firefighter smoked on average 21 to 39 per day, and
28 years if the firefighter smoked on average 40 or more per day;
in the case of cigars or pipes, eight years if the firefighter smoked on average one or more than one per day; and
if the firefighter smoked cigarettes in combination with cigars or pipes, the minimum period determined in accordance with paragraph (c) with a cigar or a pipe counting as a cigarette
S.N.W.T. 2010,c.11,s.3.
Updated on August 3, 2023