Tab 1: Presumptive Legislation for Firefighters in Canada
- Content last reviewed: June 2009
[ Letter | Review | Tab 1 | Tab 2 | Tab 3 ]
In general, the following applies:
- All jurisdictions require that the firefighter is regularly exposed to the hazards of a fire scene; this eliminates non-exposed work such as administrative, prevention and community outreach activities.
- All jurisdictions exclude "exposure at forest fires" from consideration. Therefore, forest firefighters do not benefit from a presumption.
| Province | Firefighter Group Covered by Presumptive Legislation | Effective Date of Presumptive Legislation | Retroactivity and Application Date | ||
|---|---|---|---|---|---|
| Full-Time | Part-Time/Volunteer | Full-Time | Part-Time/Volunteer | ||
| British Columbia | Yes | Yes | April 11, 2005 | Non-retroactive April 11, 2005[ 5 ] |
Non-retroactive April 11, 2005 |
| Alberta | Yes | No | April 9, 2003 Regulation updated December 14, 2005 |
Non-retroactive April 9, 2003 |
N/A |
| Saskatchewan | Yes | No | May 27, 2003 Regulation updated March 1, 2006 |
Non-retroactive May 27, 2003[ 6 ] |
N/A |
| Manitoba | Yes | Yes | May 23, 2002 New Sections updated June 9, 2005 |
Retroactive January 1, 1002 |
Non-retroactive June 9, 2005 |
| Nova Scotia | Yes | Yes[ 7 ] | May 22, 2003 Regulation effective July 30, 2003 |
Retroactive January 1, 1993 |
Retroactive January 1, 1993 |
| Province | Conditions Covered by Presumptive Legislation (Minimum Exposure Period in Presumptive Legislation per Conditions Covered by Presumptive Legislation) |
|||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Brain Cancer | Bladder Cancer | Kidney Cancer | Colorectal Cancer | Colon Cancer | Non-Hodgkin's Lymphoma | Leukemia | Ureter Cancer | Testicular Cancer | Lung Cancer | Lymphoid Leukemia | Heart Injury | |
| British Columbia | (10 years) | (15 years) | (20 years) | (20 years) | (20 years) | (5 years) | (15 years) | Within 24 hours[ 8 ] | ||||
| Alberta | (10 years) | (15 years) | (20 years) | (20 years) | (20 years) | (5 years) | (15 years) | Within 24 hours[ 9 ] | ||||
| Saskatchewan | (10 years) | (15 years) | (20 years) | (15 years) | (20 years) | (5 years) | (15 years) | (20 years) | (15 years)[ * ] | Within 24 hours | ||
| Manitoba | (10 years) | (15 years) | (20 years) | (15 years) | (20 years) | (5 years) | (15 years) | (15 years)[ * ] | Within 24 hours | |||
| Nova Scotia | (10 years) | (15 years) | (20 years) | (20 years) | (20 years) | (5 years) | ||||||
[ 5 ] Presumption applies to firefighters who were first disabled with one of the prescribed cancers on or after April 11, 2005. Related Regulations made on or before January 1, 2006 can be made retroactive to a date on or after April 11, 2005
[ 6 ] Case-by-case reconsiderations made if requested to review a denied claim for decisions made prior to enacting of presumption under Sask Pol
[ 7 ] Presumption applies to part-time firefighters provided they participated in 20% of all fire department activities
[ 8 ] Heart injury and firefighters not under presumptive legislation but specified in BC policy #15.15 June 2000
[ 9 ] Myocardial infarction specified in Section 24.1 (7) of AB Workers' Compensation Act
[ * ] Presumption for lung cancer applies only to non-smokers, minimum period of time as non-smoker specified in Sask Regulation 13/2006 and MB Regulation 160/2005 respectively.
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