Human Resources Legislative Update
Firefighter and “Super Indexing” Amendments to the Workplace Safety and Insurance Act, 1997 in Force May 1, 2024, and More
Date: April 29, 2024
On May 1, 2024, the following amendments made to the Workplace Safety and Insurance Act, 1997 (WSIA) by Bill 149, Working for Workers Four Act, 2024, will come into force.
Additional Indexing Factor
The WSIA currently permits annual adjustments to Workplace Safety and Insurance Board (WSIB) benefits on the basis of an indexing factor, as defined.
The Bill 149 amendments create an “additional indexing factor” which will permit the Ontario government to “super index” increases to the WSIB benefits above the annual rate of inflation through regulation.
Presumption in Respect of Primary-Site Esophageal Cancer
Firefighters and fire investigators who are diagnosed with primary-site esophageal cancer will be presumptively entitled to workplace safety and insurance benefits after 15 years of employment (decreased from 25 years). The presumption will apply only to diseases diagnosed on or after January 1, 1960.
Editor’s Note: Consequential amendments to O. Reg. 253/07 (Firefighters) as a result of this change to the WSIA have been made by O. Reg. 186/24, also in force on May 1, 2024.
Proposed Changes to WSIA and Firefighter Presumptions
On April 29, 2024, the Ontario government announced that will be proposing changes that would “ensure wildland firefighters and investigators have the same presumptive WSIB coverage for cancers, heart injuries, and post-traumatic stress disorder (PTSD) that municipal firefighters do.” The proposed changes would also entitle firefighters and fire investigators to presumptive coverage for primary-site skin cancer after employment of 10 years, reduced from 15 years.
Editor’s Note: On May 1, 2024, the Ontario government filed O. Reg. 185/24 amending O. Reg. 253/07 (Firefighters) made under the WSIA to include wildland firefighters and wildland fire investigators (as defined). These changes are effective May 1, 2024.
This post has been updated from its earlier version.
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