BILL NO. 90

(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;

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.