Nova Scotia First Responder PTSD Mental Health Compensation Private Members Bill

BILL NO. 11

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Private Member's Bill

Workers' Compensation Act
(amended)

The Honourable Dave Wilson
Sackville–Cobequid


First Reading: October 1, 2014
(Explanatory Note)
Second Reading:
Third Reading:

Explanatory Note

This Bill permits workers who are or were emergency responders to obtain workers' compensation with respect to post-traumatic stress disorder, regardless of when the post-traumatic stress disorder is recognized or diagnosed.

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

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Workers' Compensation for Emergency Responders with Post-traumatic Stress Disorder Act.

2 Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is amended by adding immediately after Section 35A the following Section:

35B (1) In this Section,
(a) "emergency responder" means
(i) an agent, as defined in the Children and Family Services Act,
(ii) a duly qualified medical practitioner,
(iii) an employee, as defined in the Correctional Services Act,
(iv) a firefighter, as defined in subsection 35A(1),
(v) a person employed at a communications centre for the dispatch of ambulances or emergency responders,
(vi) a police officer,
(vii) a registered nurse, as defined in the Registered Nurses Act,
(viii) a registered paramedic, as defined in the Emergency Health Services Act,
(ix) a registered pre-hospital first responder, as defined in the Emergency Health Services Act, or
(x) a social worker, as defined in the Social Workers Act;
(b) "post-traumatic stress disorder" means a mental disorder that meets the diagnostic criteria for post-traumatic stress disorder set out in the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, as amended from time to time.
(2) Notwithstanding any other provision of this Act but subject to subsection (6), in respect of emergency responders to whom this Section applies, post-traumatic stress disorder is an accident for the purpose of this Act regardless of whether the disorder is recognized or diagnosed at the time of or after an acute reaction to a traumatic event.
(3) Where a worker who is or has been an emergency responder suffers an accident that is post-traumatic stress disorder, the accident is presumed to be an occupational disease, the dominant cause of which is the employment as an emergency responder, unless the contrary is proven.
(4) Subsection 83(2) does not apply with respect to a worker who learned before this Section came into force that the emergency responder suffered from post-traumatic stress disorder.
(5) For greater certainty, compensation payable for the period before this Section came into force is to be calculated in accordance with this Part and not in accordance with the former Act.
(6) The money required for the purpose of this Section must be paid out of money appropriated for that purpose by the Legislature and, for greater certainty, no money is payable pursuant to this Section until the money is appropriated by the Legislature.

---

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 October 1, 2014. Send comments to legc.office@gov.ns.ca.