HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by repealing paragraph (d) of the definition of "occupational disease" and substituting the following:

(d) the disease referred to in section 6.1 (1.1) or a disease prescribed by regulation for the purposes of section 6.1 (2), but only in respect of a worker to whom the presumption in either of those provisions applies, unless the disease is otherwise described by this definition, .

2 Section 6.1 is amended

(a) by adding the following subsection:

(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. ,

(b) in subsection (3) by striking out "The presumption in subsection (2) applies only" and substituting "The presumptions in subsections (1.1) and (2) apply only",

(c) by repealing subsection (3) (c) and substituting the following:

(c) is first disabled from the disease on or after the following date, as applicable:

(i) 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;

(ii) in the case of primary site lung cancer, May 27, 2008;

(iii) 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. , and

(d) by repealing subsections (4) and (5) and substituting the following:

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

(a) the worker has, in his or her lifetime, smoked a combined total of fewer than 365 cigarettes, cigars and pipes, or

(b) 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.

(4) The Lieutenant Governor in Council may make regulations for the purposes of subsections (2), (3) (a) and (3.1) (b).

Transition — Workers Compensation Act — occupational
disease presumptions for firefighters

3  (1) In this section:

"Act" means the Workers Compensation Act;

"effective date" means the date the first regulation made in relation to primary site lung cancer under section 6.1 (3.1) (b) and (4) [firefighters' occupational disease presumption] of the Act is deposited with the Registrar of Regulations;

"interim period" means the period starting May 27, 2008 and ending on the effective date.

(2) For the purposes of applying section 55 (2) [application for compensation] of the Act in relation to a worker

(a) to whom the presumption in section 6.1 (1.1) of the Act is reasonably asserted to apply, and

(b) who was first disabled from the disease in the interim period,

the one year period in section 55 (2) of the Act starts on the effective date.

(3) If an application for compensation under Part 1 of the Act in respect of a worker to whom the presumption in section 6.1 (1.1) of the Act is reasonably asserted to apply was refused in the interim period and none of the proceedings referred to in subsection (4) (a), (b) or (c) of this section have occurred,

(a) sections 96.2, 96.5 and 239 of the Act do not apply to the decision or order made in respect of the application,

(b) the decision or order is set aside effective on the date it was made, and

(c) a new decision or order in respect of the application must be made under Part 1 of the Act.

(4) If, in the interim period,

(a) a review under section 96.2 [request for reviews] of the Act,

(b) a reconsideration under section 96.5 [reconsideration] of the Act, or

(c) an appeal under section 239 [appeal of review decisions] of the Act

has been requested, applied for or completed in respect of a refusal described in subsection (3) of this section, then

(d) if a decision or order that does not result in compensation being paid has been made in respect of the request or application, the decision or order is set aside effective on the date it was made,

(e) if no decision or order has been made in respect of the request or application, the request or application is stayed, and

(f) a new decision or order in respect of the original application must be made under Part 1 of the Act.

Commencement

4  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Workers Compensation Act, section 1] amends the definition of "occupational disease" to include primary site lung cancer for firefighters.

SECTION 2: [Workers Compensation Act, section 6.1] provides that primary site lung cancer contracted by a non-smoking firefighter is an occupational disease and repeals a spent provision.

SECTION 3: [Transition — Workers Compensation Act — occupational disease presumptions for firefighters] requires that a decision denying compensation that was made since May 27, 2008 in respect of a firefighter to whom the presumption under proposed section 6.1 (1.1) of the Workers Compensation Act is reasonably asserted to apply be made again, and sets aside other decisions and stays other proceedings in respect of such a decision unless the decision or proceeding resulted in compensation being paid.