O. Reg. 253/07: FIREFIGHTERS
under Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A
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Firefighters
Historical version for the period June 29, 2023 to April 30, 2024.
Last amendment: 177/23.
Legislative History: 423/09, 113/14, 265/14, 311/18, 177/23.
This is the English version of a bilingual regulation.
Definitions
1. In this Regulation,
“band council” means a council of the band as defined in the Indian Act (Canada); (“conseil de bande”)
“firefighter” means,
(a) a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; or
(b) a worker who,
(i) is employed by a band council and assigned to undertake fire protection services on a reserve, or
(ii) provides fire protection services on a reserve, either voluntarily or for a nominal consideration, honorarium, training or activity allowance; (“pompier”)
“fire investigator” means,
(a) a worker to whom the Fire Marshal appointed under subsection 8 (1) of the Fire Protection and Prevention Act, 1997 has delegated the duty to investigate the cause, origin and circumstances of a fire,
(b) a worker who was an inspector appointed under subsection 2 (4) of the Fire Marshals Act before that Act was repealed by the Fire Protection and Prevention Act, 1997, or
(c) a worker who is employed by a band council and assigned to investigate the cause, origin and circumstances of a fire on a reserve; (“enquêteur sur les incendies”)
“full-time firefighter” means a worker who is a firefighter, is regularly employed on a salaried basis and is scheduled to work an average of 35 hours or more per week; (“pompier à temps plein”)
“part-time firefighter” means a worker who is a firefighter and is not a volunteer firefighter or full-time firefighter; (“pompier à temps partiel”)
“reserve” means a reserve as defined in the Indian Act (Canada). (“réserve”) O. Reg. 423/09, s. 1; O. Reg. 265/14, s. 1.
Prescribed classes
2. The following are prescribed as workers for the purposes of subsections 15.1 (1) and (4) of the Act:
1. Full-time firefighters.
2. Part-time firefighters.
3. Volunteer firefighters.
4. Fire investigators. O. Reg. 423/09, s. 1.
Prescribed circumstances
3. For the purposes of subsection 15.1 (1) of the Act, the worker must have sustained the heart injury while, or within 24 hours of,
(a) attending a fire scene in the performance of his or her duties as a full-time firefighter, part-time firefighter, volunteer firefighter or fire investigator; or
(b) actively participating in a training exercise that is related to his or her duties as a full-time firefighter, part-time firefighter, volunteer firefighter or fire investigator and that involves a simulated fire emergency. O. Reg. 253/07, s. 3; O. Reg. 423/09, s. 2.
Prescribed diseases
4. For the purposes of subsection 15.1 (4) of the Act, the following are prescribed diseases:
1. Primary-site brain cancer.
2. Primary-site colorectal cancer.
3. Primary-site bladder cancer.
4. Primary acute myeloid leukemia, primary chronic lymphocytic leukemia or primary acute lymphocytic leukemia.
5. Primary-site ureter cancer.
6. Primary-site kidney cancer.
7. Primary non-Hodgkin’s lymphoma.
8. Primary-site esophageal cancer.
9. Primary-site breast cancer.
10. Multiple myeloma.
11. Primary-site testicular cancer.
12. Primary-site prostate cancer.
13. Primary-site lung cancer.
14. Primary-site skin cancer.
15. Primary-site ovarian cancer.
16. Primary-site cervical cancer.
17. Primary-site penile cancer.
18. Primary-site thyroid cancer.
19. Primary-site pancreatic cancer. O. Reg. 253/07, s. 4; O. Reg. 113/14, s. 1; O. Reg. 311/18, s. 1; O. Reg. 177/23, s. 1.
Conditions and restrictions
5. (1) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site colorectal cancer unless the worker,
(a) was diagnosed with the disease before he or she attained the age of 61 years; and
(b) was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 10 years before being diagnosed. O. Reg. 253/07, s. 5 (1); O. Reg. 423/09, s. 3 (1).
(2) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site brain cancer, primary-site breast cancer, primary-site testicular cancer, primary-site ovarian cancer, primary-site cervical cancer, primary-site thyroid cancer or primary-site pancreatic cancer unless the worker was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 10 years before being diagnosed. O. Reg. 253/07, s. 5 (2); O. Reg. 423/09, s. 3 (2); O. Reg. 113/14, s. 2 (1); O. Reg. 311/18, s. 2 (1); O. Reg. 177/23, s. 2.
(3) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site bladder cancer, primary acute myeloid leukemia, primary chronic lymphocytic leukemia, primary acute lymphocytic leukemia, primary-site ureter cancer, multiple myeloma, primary-site prostate cancer, primary-site skin cancer or primary-site penile cancer unless the worker was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 15 years before being diagnosed. O. Reg. 253/07, s. 5 (3); O. Reg. 423/09, s. 3 (3); O. Reg. 113/14, s. 2 (2-4); O. Reg. 311/18, s. 2 (2).
(3.1) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site lung cancer unless,
(a) the worker was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 15 years before being diagnosed; and
(b) the worker did not smoke a tobacco product in the 10 years before being diagnosed. O. Reg. 113/14, s. 2 (5).
(4) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site kidney cancer or primary non-Hodgkin’s lymphoma unless the worker was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 20 years before being diagnosed. O. Reg. 253/07, s. 5 (4); O. Reg. 423/09, s. 3 (4).
(5) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site esophageal cancer unless the worker was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 25 years before being diagnosed. O. Reg. 253/07, s. 5 (5); O. Reg. 423/09, s. 3 (5).
(6) The following rules apply to the calculation of time periods for the purposes of clause (1) (b) and subsections (2), (3), (4) and (5):
1. All periods of employment as a full-time firefighter, part-time firefighter or fire investigator and all periods of service as a volunteer firefighter, whether consecutive or non-consecutive, shall be included, subject to paragraph 2.
2. If a worker is employed in a capacity mentioned in paragraph 1 and also, during the same period, is employed in another capacity mentioned in paragraph 1 or serves as a volunteer firefighter, the period shall be counted only once. O. Reg. 423/09, s. 3 (6).
6. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 253/07, s. 6.