Presumptive Disability Law in the Northwest Territory

CODE PART:
WORKERS’ COMPENSATION ACT
PART 2 – COMPENSATION

Northwest Territory Legislative Website

DESCRIPTION:

14. Presumptions
The presumptions in this section apply to entitlement to compensation, unless the contrary is proven on a balance of probabilities.

1. 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.
2. 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.
3. 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.
4. 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
   1. the worker is disabled by the disease;
   2. the worker has been exposed to conditions during the employment that might reasonably have caused the disease; and
   3. 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.

1. 1. is engaged in fighting fires as a full-time, part-time or volunteer member of a fire
      department, and
   2. 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

2. 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
   1. the worker is disabled by the listed disease; and
   2. the worker is or has been a firefighter for the minimum period of employment prescribed in the regulations.
3. 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.

2. 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
   1. none if the firefighter has smoked, in his or her lifetime
      1. less than 360 cigarettes,
      2. less than 360 cigars,
      3. less than 360 pipes, or
      4. less than 360 cigarettes, cigars and pipes;
   2. none if the firefighter has smoked on average less than seven cigars or pipes per week;
   3. in the case of cigarettes
      1. six years if the firefighter smoked on average less than seven per week,
      2. six years if the firefighter smoked on average one to nine per day,
      3. 13 years if the firefighter smoked on average 10 to 19 per day,
      4. 18 years if the firefighter smoked on average 20 per day,
      5. 23 years if the firefighter smoked on average 21 to 39 per day, and
      6. 28 years if the firefighter smoked on average 40 or more per day;
   4. in the case of cigars or pipes, eight years if the firefighter smoked on average one or more than one per day; and
   5. 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