FAQs
What is the purpose of the public consultation on the Firefighters' Compensation (FC) Act?
The consultation aims to gather feedback on proposed legislative changes of merging the Firefighters' Compensation (FC) Act into the Workers' Compensation (WC) Act and expanding the list of cancers covered under the presumptive clause.
Why is WorkSafeNB considering this merger?
A merger would streamline the adjudication process of firefighter applications for benefits and to better align with practices in other Canadian jurisdictions.
How would the merger of the FC Act and WC Act impact the adjudication process?
If the merger takes place, it will streamline the claims process, as applications will initially be assessed based on the presumptive cancer clause. Claims that do not meet the presumption will then be evaluated based on whether the contracted cancer is more likely to be linked to the workplace.
Who is considered a firefighter?
The Firefighters' Compensation (FC) Act defines a “firefighter” as a person who is employed or serves as a firefighter with a municipality or rural community or who serves as a firefighter with a fire brigade that provides fire protection services in a rural district or in a rural community.
How does New Brunswick currently differ from other provinces in how firefighter presumptive coverage is funded?
New Brunswick is unique in having a separate fund solely funded by employers of firefighters. Other provinces include the cost of presumptive firefighter coverage in their workers' compensation assessment rates.
What is the significance of the "per firefighter" rate in New Brunswick's funding model?
New Brunswick is the only province calculating a "per firefighter" rate directly charged to employers for presumptive coverage. This individualized approach is distinct from the practice in other provinces, where costs are typically spread across the entire system or specific rate groups.
Why does New Brunswick cover fewer cancers under the FC Act than most other jurisdictions?
New Brunswick covers fewer cancers due to the constraints of the current legislative structure. If the FC and WC Acts remain separate, adding additional cancers to presumptive coverage is costly, and employers of firefighters would bear the full cost of increased expenses.
Other jurisdictions have more flexibility to cover more cancers since the entire system can absorb the costs. In contrast, New Brunswick's structure limits this flexibility, posing challenges in expanding coverage.
What is the presumptive cancer clause?
The presumptive cancer clause ensures firefighters diagnosed with specific cancers or health conditions, that meet the required years of service, are automatically eligible for workers’ compensation benefits. This eliminates the need for them to conclusively prove their cancer directly resulted from their firefighting duties. This provision recognizes the unique hazards for injuries and diseases while serving as a firefighter.
Why is the expansion of the list of presumptive cancers being considered as part of the merger?
New Brunswick covers fewer cancers than most other jurisdiction and it is important firefighters have access to the fair benefits and support in the event of job-related injuries and diseases.
Is there information available on how presumptive coverage for New Brunswick's firefighters compares to other provinces in Canada?
Yes. New Brunswick firefighters have advocated for expanding the list of cancers covered in the presumptive clause to bring our coverage more in line with other Canadian jurisdictions. The chart in the full consultation document outlines the minimum length of service required as a firefighter for each covered cancer in various provinces, providing a comprehensive comparison for reference.
How would the funding approach change under the merger scenario?
The cost of firefighter presumptive cancer coverage would be included in the calculation of the average rate, impacting all employers rather than being solely funded by employers of firefighters.
What is the estimated impact on assessment rates in case of a merger?
The impact is estimated to be an increase of $0.01 to $0.03 on average rates, depending on whether the existing list of cancers is maintained or expanded.
Why did New Brunswick create the Firefighters' Compensation (FC) Act separately in 2009?
In 2009, New Brunswick created the FC Act due to the absence of assets to cover the initial liabilities for anticipated future cancers among firefighters. A separate act ensured assessed employers at the time did not bear the initial burden of presumptive cancer coverage costs.
The FC Act is now fully funded, alleviating initial concerns about the need for assessed employers to subsidize presumptive cancer coverage costs. Therefore, merging the acts is no longer cost prohibitive.
How can I provide feedback on proposed merger?
Stakeholders are encouraged to participate by entering their feedback through the survey tools available on this website. www.talksafetynb/firefighter
When is the deadline for providing feedback?
The consultation will be open from Friday, March, 29, 2024 to Friday, May 31, 2024