Presumptive Disability Law in Quebec
CODE PART:
A-3.001, r. 8.1
Regulation respecting occupational diseases
DESCRIPTION:
chapter A-3.001, r. 8.1
Regulation respecting occupational diseases
Act respecting industrial accidents and occupational diseases
(chapter A-3.001, s. 29).
SCOPE AND DEFINITIONS
S.Q. 2021, c. 27, s. 242.
- This Regulation determines, in Schedule A, diseases and the special conditions in relation to them for the purposes of the occupational disease presumption provided for in section 29 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).
The Regulation also determines, for the purposes of section 28.1 of the Act, the eligibility criteria for a claim for a disease for which the diagnosis is a hearing impairment caused by noise.
S.Q. 2021, c. 27, s. 242. - For the purposes of this Regulation, “operational firefighter” means
(1) an officer or a firefighter assigned to firefighting interventions;
(2) an officer or a firefighter who conducts clearing or searches for the causes and circumstances of fires;
(3) a firefighter who drives the trucks; and
(4) a firefighter who operates the pumpers and the elevating devices.
S.Q. 2021, c. 27, s. 242.
Schedule A
Division I – Diseases Caused by Chemical Agents
| DISEASE | SPECIAL CONDITIONS |
| Poisoning by metals and their organic or inorganic toxic compounds | Having carried on any work involving the utilization or handling of or another form of exposure to those metals. |
| Poisoning by halogens and their organic or inorganic toxic compounds | Having carried on any work involving the utilization or handling of or another form of exposure to those halogens. |
| Poisoning by the organic or inorganic toxic compounds of boron | Having carried on any work involving the utilization or handling of or another form of exposure to such compounds of boron. |
| Poisoning by silicon and its organic or inorganic toxic compounds | Having carried on any work involving the utilization or handling of or another form of exposure to silicon or such compounds of silicon. |
| Poisoning by phosphorus and its organic or inorganic toxic compounds | Having carried on any work involving the utilization or handling of or another form of exposure to phosphorus or such compounds of phosphorus. |
| Poisoning by arsenic and its organic or inorganic toxic compounds | Having carried on any work involving the utilization or handling of or another form of exposure to arsenic or such compounds of arsenic. |
| Poisoning by the organic or inorganic toxic compounds of sulfur | Having carried on any work involving the utilization or handling of or another form of exposure to such compounds of sulfur. |
| Poisoning by selenium and its organic or inorganic toxic compounds | Having carried on any work involving the utilization or handling of or another form of exposure to selenium or such compounds of selenium. |
| Poisoning by tellurium and its organic or inorganic toxic compounds | Having carried on any work involving the utilization or handling of or another form of exposure to tellurium or such compounds of tellurium. |
| Poisoning by the organic or inorganic toxic compounds of nitrogen | Having carried on any work involving the utilization or handling of or another form of exposure to such compounds of nitrogen. |
| Poisoning by the organic or inorganic toxic compounds of oxygen | Having carried on any work involving the utilization or handling of or another form of exposure to such compounds of oxygen. |
| Poisoning by aliphatic, alicyclic and aromatic hydrocarbons | Having carried on any work involving the utilization or handling of or another form of exposure to those substances. |
| Parkinson’s disease | Having carried on any work involving exposure for at least 10 years to pesticides that are phytosanitary or phytopharmaceutical products for agricultural use or intended for plant maintenance or that are veterinary biocides or antiparasitics. Work involves exposure to pesticides where – there is handling or use of pesticides by contact or inhalation; or – there is contact with treated crops, surfaces or animals or with machines used to apply pesticides. The diagnosis must not have been made more than 7 years after the end of the exposure to the pesticides. |
Division II – Biological Agents and Infectious or Parasitic Agents
| DISEASE | SPECIAL CONDITIONS |
| Bacterial or fungal skin infections (pyodermatosis, bacterial folliculitis, panaris, dermatomycosis, candida skin infection) | Having carried on any work involving contact with tissues or material contaminated by bacteria or fungi. |
| Parasitosis | Having carried on any work involving contact with humans, animals or material contaminated by parasites such as Sarcoptes scabiei, Pediculus humanus or Borrelia burgdorferi. |
| Anthrax | Having carried on any work involving the utilization or handling of or another form of exposure to contaminated wool, hair, bristles, hides or skins. |
| Brucellosis | Having carried on any work related to the care, slaughtering, cutting up or transport of animals or any laboratory work involving contact with Brucella. |
| Viral hepatitis | Having carried on any work involving contact with contaminated humans, human products or substances. |
| Tuberculosis | Having carried on any work involving contact with contaminated humans, animals or human or animal products or other contaminated substances. |
| Warts on the hands | Having carried on any work performed in a slaughterhouse or involving the handling of animals or animal products under humid conditions (maceration). |
Division III – Skin Diseases
| DISEASE | SPECIAL CONDITIONS |
| Irritative contact dermatitis | Having carried on any work involving contact with substances such as solvents, detergents, soaps, acids, alkalis, cements, lubricants or other irritating agents. |
| Allergic contact dermatitis | Having carried on any work involving contact with substances such as nickel, chrome, epoxy, mercury, antibiotics or other allergens. |
| Phytodermatosis | Having carried on any work involving contact with plants. |
| Dermatosis caused by mechanical action (localized callosity and keratodermas) | Having carried on any work involving friction or pressure. |
| Photodermatitis, folliculitis, dyschromia, epithelioma or paraneoplastic lesions | Having carried on any work involving the utilization or handling of tar, pitch, asphalt, mineral oils, anthracene or their compounds, products and residues. |
| Radiodermatitis | Having carried on any work involving exposure to ionizing radiation. |
| Cutaneous telangiectasia | Having carried on any work performed in aluminum plants, involving repeated exposure to ambient air in pot rooms. |
| Chemical folliculitis | Having carried on any work involving the utilization or handling of oil or grease. |
Division IV – Diseases Caused by Physical Agents
| DISEASE | SPECIAL CONDITIONS |
| Hearing impairment caused by noise | Having carried on any work involving exposure to excessive noise. |
| Disease caused by working in compressed air | Having carried on any work performed in compressed air. |
| Disease caused by exposure to thermal stress | Having carried on any work performed under excessive thermal conditions. |
| Disease caused by ionizing radiations | Having carried on any work involving exposure to ionizing radiations. |
| Disease caused by vibrations | Having carried on any work involving vibrations. |
| Retinitis | Having carried on any work involving electro-welding or acetylene welding. |
| Cataract caused by non-ionizing radiation | Having carried on any work involving exposure to infrared radiation, microwaves or laser beams. |
Division V – Respiratory System Diseases
| DISEASE | SPECIAL CONDITIONS |
| Asbestosis | Having carried on any work involving exposure to asbestos fibre. |
| Bronchopneumopathy | Having carried on any work involving exposure to the dust of hard metals. |
| Siderosis | Having carried on any work involving exposure to iron dust and fumes. |
| Silicosis | Having carried on any work involving exposure to silica dust. |
| Talcosis | Having carried on any work involving exposure to talc dust. |
| Byssinosis | Having carried on any work involving exposure to cotton, flax, hemp or sisal dust. |
| Extrinsic allergic alveolitis | Having carried on any work involving exposure to an agent recognized as able to cause extrinsic allergic alveolitis. |
| Bronchial asthma | Having carried on any work involving exposure to a specific sensitizing agent. |
Division VI – Musculoskeletal Disorders
| DISEASE | SPECIAL CONDITIONS |
| Musculoskeletal lesions manifested by objective signs (bursitis, tendinitis, tenosynovitis) | Having carried on any work involving repeated movements or pressure over an extended period of time. |
Division VII – Mental Disorders
| DISEASE | SPECIAL CONDITIONS |
| Post-traumatic stress disorder | Having carried on any work involving repeated or extreme exposure to serious injury, sexual violence or threatened death, or to actual death not resulting from natural causes. |
Division – Oncological Diseases
| DISEASE | SPECIAL CONDITIONS |
| Lung cancer or pulmonary mesothelioma | Having carried on any work involving exposure to asbestos fibre. |
| Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 15 years. Not having been a smoker in the 10 years preceding the diagnosis. | |
| Non-pulmonary mesothelioma | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. |
| Kidney cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 20 years. |
| Bladder cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 20 years. |
| Laryngeal cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 15 years. Not having been a smoker in the 10 years preceding the diagnosis. |
| Multiple myeloma | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 15 years. |
| Non-Hodgkin lymphoma | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 20 years. |
| Skin cancer (melanoma) | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 15 years. |
| Prostate cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 15 years. |
| Brain cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 10 years. |
| Colorectal cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 20 years. |
| Leukemia | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 5 years. |
| Esophageal cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 20 years. |
| Breast cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 10 years. |
| Testicular cancer | Having carried on any work involving exposure to gas and smoke from a fire during operations to control them or during the clearing or investigation after they have been suppressed, and being or having been a full-time or part-time operational firefighter, employed by a city or municipality. The diagnosis must have been made after an employment period of not less than 10 years. |