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

1 Section 5.1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(a) by adding the following subsection:

(1.1) If a worker who is or has been employed in an eligible occupation

(a) is exposed to one or more traumatic events arising out of and in the course of the worker's employment in that eligible occupation, and

(b) has a mental disorder that is recognized, in the most recent American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, at the time of the diagnosis of the mental disorder under subsection (1) (b) of this section, as a mental or physical condition that may arise from exposure to a traumatic event,

the mental disorder must be presumed to be a reaction to the one or more traumatic events arising out of and in the course of the worker's employment in that eligible occupation, unless the contrary is proved. , and

(b) in subsection (4) by adding the following definitions:

"correctional officer" means a correctional officer as defined by regulation of the Lieutenant Governor in Council;

"eligible occupation" means the occupation of correctional officer, emergency medical assistant, firefighter, police officer, sheriff or, without limitation, any other occupation prescribed by regulation of the Lieutenant Governor in Council;

"emergency medical assistant" means an emergency medical assistant as defined in section 1 of the Emergency Health Services Act;

"firefighter" means a member of a fire brigade who is

(a) described in paragraph (c) of the definition of "worker" or employed by the government of Canada, and

(b) assigned primarily to fire suppression duties whether or not those duties include the performance of ambulance or rescue services;

"police officer" mean an officer as defined in section 1 of the Police Act;

"sheriff" means a person lawfully holding the office of sheriff or lawfully performing the duties of sheriff by way of delegation, substitution, temporary appointment or otherwise.

2 Section 6.1 (1) (a) is repealed and the following substituted:

(a) described in paragraph (c) of the definition of "worker" or employed by the government of Canada, and .

 
Transitional Provisions

Transition – mental disorder presumption

3  On or after the date this section comes into force, the Workers' Compensation Board and the Workers' Compensation Appeal Tribunal must apply section 5.1 of the Workers Compensation Act as it reads on the date this section comes into force when making a decision respecting a claim that involves section 5.1 of the Workers Compensation Act and that was made, but not finally adjudicated, before the date this section comes into force.

Transition – firefighters' occupational disease presumption

4  On or after the date this section comes into force, the Workers' Compensation Board and the Workers' Compensation Appeal Tribunal must apply section 6.1 of the Workers Compensation Act as it reads on the date this section comes into force when making a decision respecting a claim that involves section 6.1 of the Workers Compensation Act and that was made, but not finally adjudicated, before the date this section comes into force.

Commencement

5  This Act comes into force on the date of Royal Assent.

 
Explanatory Notes

SECTION 1: [Workers Compensation Act, section 5.1] creates a presumption for a worker with a mental disorder, as set out, who is or was employed in an eligible occupation as defined in that section.

SECTION 2: [Workers Compensation Act, section 6.1] extends the occupational disease presumptions in respect of section 6.1 (1.1) to (4) of the Act to firefighters employed by the government of Canada.

SECTION 3: [Transition – mental disorder presumption] clarifies how section 5.1 of the Workers Compensation Act must be applied to a claim that is made but not finally adjudicated before the date this section comes into force.

SECTION 4: [Transition – firefighters' occupational disease presumption] clarifies how section 6.1 of the Workers Compensation Act must be applied to a claim that is made but not finally adjudicated before the date this section comes into force.