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

Part 1 – Health Screening Requirements for Firefighters

Definition

1 In this Part, "firefighter" means:

(a) a firefighter as defined in section 1 of the Workers Compensation Act who is employed on a paid full-time basis or on a paid on-call basis;

(b) a volunteer firefighter with at least 10 years of cumulative service;

(c) a forest firefighter as defined in section 45.25 (1) of the Employment Standards Regulation with at least 10 years of cumulative service.

Health screening plan

2 (1) Within 9 months after this Act comes into force, the minister must, in consultation with the minister responsible for the Workers Compensation Act, and after consultation with the British Columbia Professional Fire Fighters' Association and the Association of Doctors of BC, develop a plan for the comprehensive health screening of firefighters.

(2) The plan referred to in subsection (1) must provide for the following:

(a) early detection cancer screening;

(b) comprehensive physical examinations on a regular basis, including a mental health assessment;

(c) comprehensive laboratory and screening tests on a regular basis.

Tabling of plan

3 As soon as practicable upon completion of the plan referred to in section 2, the minister must table the plan in the Legislative Assembly if the Legislative Assembly is sitting or deposit the report with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.

Review of plan

4 (1) Every 5 years after a plan is tabled or deposited under section 3, the minister must, in consultation with the minister responsible for the Workers Compensation Act, and after consultation with the British Columbia Professional Fire Fighters' Association and the Association of Doctors of BC, begin a review of the plan and make any revisions to the plan that are necessary to safeguard the health of firefighters.

(2) If a plan has been revised in accordance with subsection (1), the minister must, as soon as practicable upon completion of the review referred to in that subsection, table the revised plan in the Legislative Assembly if the Legislative Assembly is sitting or deposit the revised plan with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.

Part 2 – Presumptions Respecting Lung Cancer and Other Diseases

Review of section 140 of the Workers Compensation Act

5 (1) Within 9 months after this Act comes into force, the minister must, in consultation with the minister responsible for the Workers Compensation Act, and after consultation with the British Columbia Professional Fire Fighters' Association and the Association of Doctors of BC,

(a) conduct a review of section 140 of the Workers Compensation Act and the Firefighters' Occupational Disease Regulation, taking into account relevant medical or scientific evidence or information, and

(b) prepare a report with any recommendations, if any, in respect of the following:

(i) prescribed occupational diseases for the purposes of section 140 (1) (b) of the Workers Compensation Act; and

(ii) prescribed minimum cumulative periods for the purposes of section 140 (2) (a) of the Workers Compensation Act.

(2) As soon as practicable after the completion of the report referred to in subsection (1) (b), the minister must table the report in the Legislative Assembly if the Legislative Assembly is sitting or deposit the report with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.

Part 3 – General Provisions

Regulations

6 The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

Offence Act

7 Section 5 of the Offence Act does not apply to this Act.

Commencement

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

Explanatory Note

Part 1 of this Bill provides for the development of a plan for the comprehensive health screening of firefighters and the tabling of the plan in the Legislative Assembly. It also provides for the review of the plan every five years.

Part 2 of the Bill provides for a review of section 140 of the Workers Compensation Act and the Firefighters' Occupational Disease Regulation.

Part 3 of the Bill provides that the general offence provision of the Offence Act does not apply and provides for general powers respecting regulations.