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Workers' Compensation Act (amended)

BILL NO. 48

(as introduced)

1st Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Private Member's Bill



Workers' Compensation Act
(amended)



The Honourable Frank Corbett
Cape Breton Centre



First Reading: April 10, 2014

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 adds a definition of "first responder" and expands the definition of "worker" to include first responders in the Workers' Compensation Act.

Clause 2 provides for the application of Part I of the Workers' Compensation Act to first responders upon application of a municipality within whose boundaries the first responder is located and serves.

An Act to Amend Chapter 10
of the Acts of 1994-95,
the Workers' Compensation Act,
Respecting First Responders

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) "first responder" means a person whose name appears on the Register of pre-hospital first responders established pursuant to the Emergency Health Services Act;

and

(b) adding immediately after subclause (ae)(v) the following subclause:

(va) a first responder admitted pursuant to Section 5A,

2 Chapter 10 is further amended by adding immediately after Section 5 the following Section:

5A (1) On the application of a municipality within whose boundaries authorized emergency services dispatchers request first-responder assistance, the Board may admit first responders to the application of this Part.

(2) Where the Board admits a first responder pursuant to subsection (1),

(a) the first responders are workers; and

(b) the municipality within whose boundaries the first responders reside is the employer for the purpose of this Part.

(3) A first responder is considered to be in the course of employment from the time the first responder receives notification from an authorized emergency services dispatcher until, after being released from duty, the first responder returns home, to the place where the notification was received, to the first responder's place of regular employment or to any place for treatment, refreshment or recreation, whichever the first responder reaches first.

(4) The Board shall, by regulation, determine the minimum and maximum earnings of first responders for the purpose of calculating the average earnings of first responders pursuant to subsection (5).

(5) The municipality deemed to be the employer of a first responder pursuant to subsection (2) shall choose an amount between the minimum and maximum amounts determined by the Board pursuant to subsection (4) to apply as average earnings of first responders.

(6) The amount chosen by a municipality pursuant to subsection (5) applies to every first responder of that municipality.

(7) The municipality deemed to be the first responder's employer pursuant to subsection (2) shall notify the Board of

(a) the names of the first responders in the municipality; and

(b) the average earnings of first responders for the purpose of this Part.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created April 10, 2014. Send comments to legc.office@novascotia.ca.