BILL NO. 90

(as introduced)

3rd Session, 62nd General Assembly
Nova Scotia
66 Elizabeth II, 2017

Government Bill

Workers' Compensation Act
(amended)

The Honourable Kelly Regan
Minister responsible for the Workers' Compensation Act (except Part II)

First Reading: April 28, 2017

(Explanatory Note)

Second Reading:

Third Reading:

This Bill provides presumptive benefits to corrections officers, firefighters, nurses, paramedics, police officers and persons in health-services occupations prescribed by the regulations who are diagnosed with work-related post-traumatic stress disorder and corrects several typographical errors.

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is amended by

(a) adding immediately after clause (o) the following clause:

(oa) "firefighter" means an employee, including officers and technicians, employed by a municipality and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services, and includes a member of a volunteer fire department who performs those duties;

and

(b) striking out "pneumonoconiosis" in the last line of clause (v) and in the first line of clause (x) and substituting in each case "pneumoconiosis".

2 Clause 6(1)(c) of Chapter 10 is amended by striking out "College" in the second line and substituting "Colleges".

3 Chapter 10 is further amended by adding immediately after Section 12 the following Section:

12A (1) In this Section,

(a) "correctional facility" means a correctional facility as defined in the Correctional Services Act and, for the purpose of the Government Employees Compensation Act (Canada), includes a penitentiary as defined in the Corrections and Conditional Release Act (Canada);

(b) "corrections officer" means a worker who is directly involved in the care, health, discipline, safety and custody of an offender who is in custody in a correctional facility, but does not include a sheriff, probation officer or parole officer;

(c) "emergency response worker" means a corrections officer, firefighter, nurse, paramedic, police officer or person in a health-services occupation prescribed by the regulations;

(d) "nurse" means

(i) a registered nurse as defined in the Registered Nurses Act or other person permitted by law to engage in the practice of nursing as defined in that Act, or

(ii) a licensed practical nurse as defined in the Licensed Practical Nurses Act or other person permitted by law to engage in the practice of practical nursing as defined in that Act;

(e) "offender" means an offender as defined in the Correctional Services Act and, for the purpose of the Government Employees Compensation Act (Canada), includes an offender as defined in the Corrections and Conditional Release Act (Canada);

(f) "paramedic" means a paramedic as defined in the Paramedics Act;

(g) "police officer" means

(i) a chief officer as defined in the Police Act,

(ii) a member of

(A) an agency as defined in the Police Act, other than a member of the Provincial Police as defined in the Police Act or the Royal Canadian Mounted Police, or

(B) the Serious Incident Response Team as defined in the Police Act, or

(iii) an aboriginal police officer appointed under Section 87 of the Police Act,

but does not include

(iv) a special constable appointed under Section 88 of the Police Act,

(v) a by-law enforcement officer appointed under Section 89 of the Police Act, or

(vi) an auxiliary police officer appointed under Section 91 of the Police Act;

(h) "post-traumatic stress disorder" means posttraumatic stress disorder as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;

(i) "psychiatrist" means a psychiatrist as defined in the Hospitals Act or an individual who has a similar status in another province of Canada;

(j) "registered psychologist" means a registered psychologist as defined in the Psychologists Act or an individual who has a similar status in another province of Canada.

(2) Subject to subsection (3), where an emergency response worker is diagnosed with post-traumatic stress disorder by a psychiatrist or registered psychologist, the post-traumatic stress disorder is, unless the contrary is shown, presumed to have arisen out of and in the course of the worker's employment in response to a traumatic event or a series of traumatic events to which the worker was exposed in carrying out the worker's duties as an emergency response worker.

(3) The presumption created by subsection (2) does not apply unless, on or after the coming into force of this Act, the worker

(a) is or ceases to be an emergency response worker; and

(b) is diagnosed with post-traumatic stress disorder by a psychiatrist or registered psychologist while the worker is an emergency response worker or within two years of ceasing to be an emergency response worker.

(4) A worker is not entitled to benefits under this Act for post-traumatic stress disorder if it is shown that the worker's post-traumatic stress disorder was caused by a decision or action of the worker's employer relating to the worker's employment, including a decision to

(a) change the work to be performed or the working conditions;

(b) discipline the worker; or

(c) terminate the worker's employment.

(5) The Board shall assist an emergency response worker who is entitled to benefits for post-traumatic stress disorder under this Act in obtaining treatment by a culturally competent clinician who is familiar with the research concerning treatment for post-traumatic stress disorder.

(6) Where a worker has filed a claim in respect of post-traumatic stress disorder before the coming into force of this Section and the claim has been denied, the worker may not re-file the claim under this Section.

(7) The Governor in Council may make regulations prescribing health-services occupations for the purpose of the definition of emergency response worker.

(8) The exercise by the Governor in Council of the authority contained in subsection (7) is regulations within the meaning of the Regulations Act.

4 Clause 13(1)(a) of Chapter 10 is amended by striking out "pneumonoconiosis" in the second and third lines and substituting "pneumoconiosis".

5 (1) Clause 14(1)(b) of Chapter 10 is amended by striking out "pneumonoconiosis" in the third line and substituting "pneumoconiosis".

(2) Subsection 14(4) of Chapter 10 is amended by striking out "pneumonoconiosis" in the fifth line and substituting "pneumoconiosis".

6 Subsection 35A(1) of Chapter 10 is repealed.

7 (1) Subsection 83(1) of Chapter 10 is amended by adding "or disablement" immediately after "disease" in the second line.

(2) Subsection 83(2) of Chapter 10 is amended by adding "or disablement" immediately after "disease" in the first line, in the fourth line of clause (a) and in the fourth line of clause (b).

(3) Subsection 83(6) of Chapter 10 is amended by

(a) striking out "Subsection (5) does not apply where" in the first line and substituting "A worker may not make an application pursuant to subsection (5) if"; and

(b) adding "or disablement" immediately after "disease" in the second line of clause (b).

8 Clause 89(1)(b) of Chapter 10 is amended by striking out "sub-class" in the first line and substituting "subclass".

9 Subsection 124(4) of Chapter 10 is amended by striking out "ratably" in the second line and substituting "rateably".

10 Clause 143(4)(b) of Chapter 10 is amended by striking out "set off" in the second line and substituting "set-off".

11 The heading immediately before Section 185 is repealed and "DECISION-MAKING" substituted.

12 This Act comes into force on such day as the Governor in Council orders and declares by proclamation, which may not be sooner than one year from the day on which this Act receives Royal Assent.