Acts and Regulations

F-12.5 - Firefighters’ Compensation Act

Full text
Current to 1 January 2024
CHAPTER F-12.5
Firefighters’ Compensation Act
Assented to June 19, 2009
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
DEFINITIONS AND INTERPRETATION
Definitions
1The following definitions apply in this Act.
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act.(Tribunal d’appel)
“average earnings” means the daily, weekly, monthly or other regular remuneration that a firefighter or former firefighter was receiving at the time of disablement, or receiving previously, or at the time of loss of earnings, or at the time of death, as may appear to the Commission best to represent the earnings of the firefighter or former firefighter, unless he or she was under the age of 21 years and it is established to the satisfaction of the Commission that under normal circumstances the earnings would probably increase, in which case this fact should be considered in determining his or her average earnings, and in no case shall average earnings exceed the maximum annual earnings.(gains moyens)
“average net earnings” means the average earnings, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings.(gains moyens net)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act.(Commission)
“dependant” means a member of the family of a firefighter or former firefighter who was wholly or partly dependent upon his or her earnings at the time of his or her death or who, but for the disablement of the firefighter or former firefighter, would have been so dependent.(personne à charge)
“Disability Fund” means the Disability Fund referred to and defined in the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act.(caisse d’indemnisation)
“disablement” means a disability arising from a heart attack or a prescribed disease under the circumstances prescribed in section 5.(invalidité)
“firefighter” means 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.(pompier)
“Firefighters’ Pension Fund” means the fund provided for the payment of pensions in accordance with sections 19 and 26.(caisse de retraite des pompiers)
“loss of earnings” means(perte de gains)
(a) average net earnings, less
(b) the earnings the firefighter or former firefighter is estimated to be capable of earning at a suitable occupation after becoming disabled, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable based on those earnings.
“maximum annual earnings” means the amount set under section 3.(gains annuel maximum)
“member of the family” includes a spouse, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother and half-sister, and a person who stood in loco parentis whether related to the firefighter or former firefighter by consanguinity or not.(membre de la famille)
“New Brunswick Industrial Aggregate Earnings” means the amount set by the Commission as of the first day of January of each year, which shall be equal to $35,488 for the year 2007 and which is increased by the percentage increase in the Consumer Price Index for Canada for all items for the 12 month period ending the thirtieth day of June in each year as determined by the Commission in August of each year on the basis of monthly reports published in that respect by Statistics Canada for that period.(gains pour l’ensemble des activités économiques au Nouveau-Brunswick)
“prescribed disease” means a disease prescribed by the regulations.(maladie reconnue)
“prior earnings” means the daily, weekly, monthly or regular remuneration that a firefighter or former firefighter was receiving at the time of the disablement, as may appear to the Commission best to represent the earnings of the firefighter or former firefighter.(gains avant l’invalidité)
“prior net earnings” means prior earnings, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings.(gains net avant l’invalidité )
“rural community” includes a regional municipality.(communauté rurale)
“spouse” means a person who, at the time of the death of the firefighter or former firefighter,(conjoint)
(a) was married to and was cohabiting with the firefighter or former firefighter, or
(b) was not married to but was cohabiting with the firefighter or former firefighter in a conjugal relationship and had, immediately before the death of the firefighter or former firefighter, been cohabiting
(i) for not less than 3 years, or
(ii) for not less than one year if a child of whom the person and the firefighter or former firefighter are the natural parents had been or is to be born.
2014, c.49, s.33; 2017, c.20, s.71; 2021, c.44, s.42
Special expenses
2If a firefighter or former firefighter is paid a sum of money to cover any special expenses imposed on him or her by the nature of his or her employment, that sum shall not be included as part of his or her earnings.
Maximum annual earnings
3The maximum annual earnings shall be set by the Commission as of the first day of January of each year and shall be an amount equal to one and one-half times the New Brunswick Industrial Aggregate Earnings.
Earnings of volunteer firefighter
4If a firefighter or former firefighter is a volunteer, the average earnings of the firefighter or former firefighter shall be the same as in his regular employment or occupation, but in no case shall the average earnings exceed the maximum annual earnings.
ENTITLEMENT TO COMPENSATION OR BENEFITS
Entitlement to compensation or benefits
5(1)A firefighter or former firefighter or his or her dependants are entitled to compensation or benefits in accordance with this Act if
(a) the firefighter is disabled by or dies from a heart attack that occurs within 24 hours after attendance at an emergency response scene in his or her capacity as a firefighter, or
(b) the firefighter or former firefighter is disabled by or dies from a prescribed disease, and
(i) has served as a firefighter for a minimum period prescribed by regulation, and
(ii) has been regularly exposed to the hazards of a fire scene in his or her capacity as a firefighter, other than a forest fire scene, throughout that period of service.
5(2)No compensation or benefits shall be provided under this Act unless it is first determined by the Commission that the firefighter or former firefighter or his or her dependants are not eligible to receive compensation or benefits under the Workers’ Compensation Act in respect of the disablement or death.
CLAIM FOR
COMPENSATION OR BENEFITS
Filing of claim
6(1)A firefighter or former firefighter or a dependant who is entitled to compensation or benefits under this Act shall file a claim with the Commission in the form required by the Commission.
6(2)A claim shall be accompanied by
(a) a certificate of the attending medical practitioner as to the disability or death of the firefighter or former firefighter or as to the existence of the heart attack or prescribed disease in the case of a claim for aid under section 38, and
(b) such other documentation to verify the applicant’s eligibility for compensation or benefits, as may be required by the Commission.
Limitation of time for claim
7(1)Except as provided in subsection (2) and section 38, a firefighter or former firefighter or a dependant shall make a claim for compensation or benefits within one year after the date of the disablement or in the case of death, within 6 months from the time of death.
7(2)A firefighter or former firefighter or a dependant, if he or she would have been entitled to make a claim for compensation or benefits on or after November 30, 2007, but could not do so because this Act had not yet received Royal Assent, shall make a claim for compensation or benefits within one year after the date that this Act receives Royal Assent.
Commission’s discretion as to limitation of time
8The Commission shall not pay any compensation or provide benefits under this Act if an application is not made within the period of time provided for under section 7 or 38, as the case may be, unless the Commission is of the opinion that the claim is a just one and ought to be allowed.
Medical examination and report
9(1)A firefighter or former firefighter who claims compensation or benefits, or to whom compensation is payable or benefits are provided under this Act, shall, when requested by the Commission, present himself or herself for examination by one or more medical practitioners chosen by the Commission.
9(2)A medical practitioner who examines a firefighter or former firefighter by direction of the Commission shall report to the Commission on the condition of the firefighter or former firefighter and his or her fitness for employment, specifying where necessary the kind of employment and if unfit, the cause of such unfitness.
9(3)A medical practitioner who examines a firefighter or former firefighter shall provide a copy of his or her report to the firefighter’s or former firefighter’s attending medical practitioner.
COMPENSATION
Computation of compensation
10If a disablement results in a loss of earnings beyond one day, the Commission shall estimate the loss of earnings of the firefighter or former firefighter and shall, subject to this Act, pay compensation to him or her in an amount equal to 85% of the estimated loss of earnings.
Three day deductible
Repealed: 2009, c.58, s.2
2009, c.58, s.2
11Repealed: 2009, c.58, s.2
2009, c.58, s.2
Limitation on compensation
12The Commission shall pay to a firefighter or former firefighter only that portion of compensation which, when combined with the amount of any remuneration received by the firefighter or former firefighter from his or her employer or from any employment-related source or any income replacement or supplement benefit from any source does not exceed 85% of the firefighter’s or former firefighter’s prior net earnings calculated for the same period of time as that during which compensation is paid.
Annual review of compensation
13(1)The Commission shall review the compensation being paid for loss of earnings each year as of the anniversary date of the disability and shall adjust the compensation on the basis of
(a) the firefighter’s or former firefighter’s average earnings previously determined by the Commission, increased by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings, less any income tax, premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings, as increased, less
(b) the earnings it is estimated the firefighter or former firefighter is then capable of earning at a suitable occupation less any income tax, premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable based on those earnings.
13(2)For the purposes of section 12, at the time a review is conducted under subsection (1), the firefighter’s or former firefighter’s prior net earnings shall be adjusted by increasing his or her prior earnings previously determined by the Commission by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and subtracting any income tax, premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings as increased.
Cessation of compensation
14(1)The Commission shall pay compensation to a firefighter or former firefighter until the earliest of the following events:
(a) the loss of earnings resulting from the disablement ceases;
(b) the firefighter or former firefighter attains the age of 65 years;
(c) the occurrence of a personal intervening condition not related to the disablement that has become the dominant cause of the firefighter’s or former firefighter’s inability to return to work or participate in rehabilitation; or
(d) the occurrence of any circumstance not related to the disablement that has become the dominant cause of the firefighter’s or former firefighter’s inability to return to work or participate in rehabilitation.
14(2)Notwithstanding subsection (1), if a firefighter or former firefighter is 63 years of age or more at the commencement of his or her loss of earnings, the Commission shall provide compensation for a period not exceeding 2 years following the commencement of his or her loss of earnings.
2018, c.18, s.1
Loss of opportunity
15(1)In recognition of loss of opportunity, the Commission shall pay to a firefighter or former firefighter a lump sum amount for a permanent physical impairment arising out of a disablement, calculated in accordance with a rating schedule prescribed by regulation.
15(2)The amount shall not be less than $500 and not more than the maximum annual earnings.
Payments under Canada Pension Plan
16(1)Any compensation or benefits payable by the Commission under this Act to a firefighter or former firefighter shall be reduced by the same proportion of the amount he or she receives under the Canada Pension Plan Act (Canada) with respect to the disablement that the estimated loss of earnings bears to the average net earnings.
16(2)If a firefighter or former firefighter receives a retroactive payment under the Canada Pension Plan Act (Canada) with respect to the disablement and the compensation paid by the Commission under this Act to him or her has not been reduced under subsection (1) and if he or she assigns the payment to the Commission and subsequently pays income tax on the amount assigned, the Commission shall reimburse him or her an amount from the Disability Fund that, in the opinion of the Commission, is equivalent to the income tax paid on the amount assigned.
Diversion of compensation
17(1)If a firefighter or former firefighter is entitled to compensation and an order has been made against him or her by a court of competent jurisdiction in this Province or in any other province or territory of Canada for the maintenance of his or her spouse, child or other dependant, the Commission may divert the payment of compensation, in whole or in part, from the firefighter or former firefighter for the benefit of the spouse, child or other dependant.
17(2)If a firefighter or former firefighter is entitled to compensation and he or she is incarcerated, the Commission may divert the payment of compensation, in whole or in part, from him or her for the benefit of a dependant during the period of the incarceration.
Suspension or reduction of compensation
18The Commission may in its discretion diminish the compensation to which a firefighter or former firefighter is entitled or suspend payment of the compensation in any of the following circumstances:
(a) the firefighter or former firefighter does not attend or participate in an examination when required to do so by the Commission or obstructs the examination;
(b) the firefighter or former firefighter does not attend or participate in medical treatment or a rehabilitation program when the Commission considers it necessary for the firefighter’s or former firefighter’s treatment or rehabilitation; or
(c) the firefighter or former firefighter persists in dangerous and unsanitary practices imperilling or impeding the rehabilitation of the firefighter or former firefighter.
2018, c.18, s.1
PENSION BENEFITS
Pension benefits
19(1)If compensation is paid to a firefighter or former firefighter under this Act for a period exceeding 24 consecutive months, the Commission shall, beginning in the twenty-fifth month, set aside an amount equal to 10% of the compensation paid from that date and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for him or her at the age of 65 years.
19(2)An amount set aside under subsection (1) shall be set aside in the reserves of the Commission in a separate fund to be known as the Firefighters’ Pension Fund and shall be administered by the Commission.
19(3)The rate of return, whether positive or negative, shall be assumed to have been applied quarterly to the amount credited to each firefighter’s or former firefighter’s account in the Firefighters’ Pension Fund and the rate of return, whether positive or negative, shall be the average yield rate of the investment portfolio of the Firefighters’ Pension Fund during each quarter.
19(4)An amount set aside under subsection (1) shall not be deducted from the compensation paid to the firefighter or former firefighter but shall be an amount which the Commission shall set aside over and above the compensation payable to him or her. 
19(5)In determining the amount of compensation paid for the purposes of subsection (1), the Commission shall not take into account any lump sum provided under section 15.
19(6)If the pension to which a firefighter or former firefighter is entitled under subsection (1) would be less than $500 per year, the Commission may, in lieu of that pension, pay to him or her at the age of 65 years the accumulated capital and the return, whether positive or negative, on the accumulated capital.
19(7)If a firefighter or former firefighter dies before attaining the age of 65 years, any amount set aside in the reserves of the Commission for the purpose of providing him or her with a pension, together with the return, whether positive or negative, on the amount shall, subject to subsection (8), be divided equally among his or her surviving dependants.
19(8)If a spouse has the care of a dependent child of the firefighter or former firefighter, that child’s share shall be given to the spouse.
19(9)If a firefighter or former firefighter has no surviving dependants, the amount remaining shall be deposited to the credit of the Disability Fund.
19(10)The pension is in addition to any benefit provided under the Canada Pension Plan Act (Canada) and the Old Age Security Act (Canada).
2016, c.48, s.17
BURIAL AND
RELATED EXPENSES
Burial and related expenses
20If a firefighter or former firefighter who meets the requirements of section 5 dies as a result of the heart attack or prescribed disease, the Commission shall pay to the estate
(a) an amount equal to 40% of the New Brunswick Industrial Aggregate Earnings to assist with necessary expenses of death such as burial,
(a.1) an amount equal to 50% of the New Brunswick Industrial Aggregate Earnings, and
(b) a further sum for the necessary expenses of transportation if, owing to the circumstances of the case, the body of the firefighter or former firefighter is transferred for a considerable distance for burial.
2015, c.24, s.1
SURVIVORS’ BENEFITS
Survivors’ benefits - general
21If a firefighter or former firefighter who meets the requirements of section 5 dies as a result of the heart attack or prescribed disease, benefits are payable to his or her dependants as set out in section 22 and section 24 or 25.
Survivors’ benefits - first year
22(1)If a firefighter or former firefighter is survived by a dependent spouse, the Commission shall pay to that spouse for one year or to the age of 65 years, whichever occurs first, benefits equal to 80% of the firefighter’s or former firefighter’s average net earnings, based on his or her average earnings as determined by the Commission.
22(2)If there is a surviving child of the firefighter or former firefighter and the surviving dependent spouse is unable or unwilling to care for the child, if the surviving dependent spouse dies before an election is made under section 23 or if the firefighter or former firefighter leaves no surviving dependent spouse, the Commission shall pay benefits to the guardian of the child as follows:
(a) for a child up to but not including 7 years of age, an amount equal to 10% of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of 7 years of age up to and including 13 years of age, an amount equal to 12.5% of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of 14 years of age and up to and including 17 years of age, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of 18 years of age and up to and including 21 years of age, if that child is attending school on a full-time basis, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
22(3)Adjustments in the benefits payable under subsection (2) due to a change in the child’s age are effective the month following the child’s anniversary month.
22(4)If benefits are payable for a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
22(5)The Commission shall pay benefits for a surviving dependent invalid child without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (2), but the yearly amount paid shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child ceases to be an invalid or dependant.
22(6)If a person, other than a surviving dependent spouse or a child referred to in subsection (2) or (4), was dependent upon the firefighter or former firefighter at the time of his or her death, the Commission may pay benefits to that dependant
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependant, on a scale to be determined by the Commission, having regard to the scale of payments set out in this section, and
(b) only so long as, in the opinion of the Commission, it might reasonably have been expected, had the firefighter or former firefighter lived, he or she would have continued to contribute to the support of the dependant.
Election as to benefits
23(1)Within one year after the date of the firefighter’s or former firefighter’s death, a surviving dependent spouse shall elect to receive benefits in accordance with section 24 or 25.
23(2)Before a spouse makes an election under this section, the Commission shall pay for independent financial advice to be given to the spouse with respect to the election, up to a maximum amount as determined by resolution of the Commission.
23(3)If a spouse is unable or unwilling to make an election within the period referred to in subsection (2), the Commission may extend the period of time within which the election may be made, but if an election is not made within such further period of time, the Commission may, upon a consideration of the circumstances of the spouse and other dependants of the firefighter or former firefighter, make an election in place of the spouse that, in its opinion, it considers to be the most beneficial for the spouse and the other dependants and such election shall be deemed to be an election by the spouse.
23(4)An election under this section is irrevocable and shall be deemed to be effective as of the anniversary date one year after the date of death of the firefighter or former firefighter.
23(5)If an election is made by a surviving dependent spouse or the Commission under this section, all other dependants of the firefighter or former firefighter shall be deemed to have made the same election.
Election - 85% average net earnings model
24(1)The following definitions apply in this section.
“net family income” means the aggregate of (revenu familial net)
(a) the average net earnings of the firefighter or former firefighter, and
(b) the earnings of the new spouse, if any, not exceeding the maximum annual earnings, at the time of the award or review of benefits under this section, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) payable by the new spouse based on those earnings.
“new spouse” means a person(nouveau conjoint)
(a) who marries and is cohabiting with a surviving dependent spouse, or
(b) who is cohabiting with a surviving dependent spouse in a conjugal relationship.
24(2)If a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to that spouse up to the age of 65 years, subject to subsection (3), benefits equal to 85% of the firefighter’s or former firefighter’s average net earnings, based on his or her average earnings as determined by the Commission.
24(3)If the payment of the full benefit under subsection (2) would, when combined with
(a) the earnings, not exceeding the maximum annual earnings, of the new spouse, if any, at the time of the award or review of benefits under this section, less
(b) any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that are payable by the new spouse, if any, on those earnings,
exceed 85% of the net family income, there is payable to the surviving dependent spouse only that portion of benefits which, when combined with the amount calculated pursuant to paragraphs (a) and (b), does not exceed 85% of the net family income.
24(4)Benefits awarded to a surviving dependent spouse shall be reviewed each year as of the anniversary date of the death of the firefighter or former firefighter and for the purposes of this review the average earnings of the firefighter or former firefighter, as previously determined by the Commission, shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
24(5)The Commission may withhold benefits until the surviving dependent spouse provides the Commission with the information necessary to calculate the benefits payable under this section.
24(6)If there is a surviving child of the firefighter or former firefighter and the surviving dependent spouse is unable or unwilling to care for the child or the surviving dependent spouse subsequently dies, the Commission shall pay benefits to the guardian of the child as follows:
(a) for a child up to but not including 7 years of age, an amount equal to 10% of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of 7 years of age up to and including 13 years of age, an amount equal to 12.5% of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of 14 years of age up to and including 17 years of age, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of 18 years of age up to and including 21 years of age, if that child is attending school on a full-time basis, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
24(7)Adjustments in the benefits payable under subsection (6) due to a change in the child’s age are effective the month following the child’s anniversary month.
24(8)If benefits are payable for a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
24(9)The Commission shall pay benefits for a surviving dependent invalid child without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments laid down in subsection (6), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child ceases to be an invalid or dependant.
24(10)If a person, other than a surviving dependent spouse or child referred to in subsection (6) or (9), was dependent upon the firefighter or former firefighter at the time of his or her death, the Commission may pay benefits to that dependant
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependant, on a scale to be determined by the Commission, having regard to the scale of payments set out in this section, and
(b) only so long as, in the opinion of the Commission, it might reasonably have been expected, had the firefighter or former firefighter lived, he or she would have continued to contribute to the support of the dependant.
Election - 60% average net earnings model
25(1)If a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to the spouse
(a) as soon as practicable after the election is effective, a lump sum payment equal to 60% of the net annual income of the firefighter or former firefighter, as determined by the Commission,
(b) up to the age of 65 years, an amount equal to 60% of the firefighter’s or former firefighter’s average net earnings, based on his or her average net earnings as determined by the Commission, and
(c) an amount under subsection (3) in respect of each dependent child.
25(2)The Commission shall review the benefits payable to a spouse under paragraph (1)(b) each year as of the anniversary date of the death of the firefighter or former firefighter and, for the purposes of the review, the average earnings of the firefighter or former firefighter as previously determined by the Commission shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
25(3)The benefits payable to a surviving dependent spouse in respect of a dependent child shall be as follows:
(a) for a child up to but not including 7 years of age, an amount equal to 10% of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of 7 years of age and up to and including 13 years of age, an amount equal to 12.5% of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of 14 years of age and up to and including 17 years of age, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of 18 years of age and up to and including 21 years of age, if that child is attending school on a full-time basis, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
25(4)If the surviving dependent spouse is unable or unwilling to care for a dependent child of the firefighter or former firefighter or the spouse subsequently dies, the benefits referred to in subsection (3) are payable to the guardian of the child.
25(5)Adjustments in the benefits payable in respect of a dependent child due to a change in the child’s age are effective the month following the child’s anniversary month.
25(6)If benefits are payable in respect of a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
25(7)The Commission shall pay benefits for a surviving dependent invalid child without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (3), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child ceases to be an invalid or dependant.
25(8)If a person, other than a surviving dependent spouse or child referred to in subsection (3) or (7), was dependent upon the firefighter or former firefighter at the time of his or her death, the Commission may pay benefits to that dependant
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependant, on a scale to be determined by the Commission, having regard to the scale of payments laid down in this section, and
(b) only so long as, in the opinion of the Commission, it might reasonably have been expected, had the firefighter or former firefighter lived, he or she would have continued to contribute to the support of the dependant.
Pension benefits for spouse
26(1)If benefits are paid to a surviving dependent spouse under subsection 24(2), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to 5% of the benefits paid to the spouse under that subsection, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.
26(2)If benefits are paid to a surviving dependent spouse under subsection 25(1), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to 8% of the benefits paid to the spouse under that subsection and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.
26(3)Subsection (1) applies with the necessary modifications to benefits paid under subsection 22(1) to a surviving dependent spouse who elects to receive benefits under subsection 24(2), except that when an election is made, the amount shall be set aside as soon as practicable after the election is effective.
26(4)Subsection (2) applies with the necessary modifications to benefits paid under subsection 22(1) to a surviving dependent spouse who elects to receive benefits under subsection 25(1), except that when an election is made, the amount shall be set aside as soon as practicable after the election is effective.
26(5)If a surviving dependent spouse dies before an election is made under section 23, the Commission shall set aside an amount equal to 5% of the benefits paid to the spouse under subsection 22(1).
26(6)An amount set aside under this section shall not be deducted from the benefits paid to the surviving dependent spouse but shall be an amount that the Commission sets aside over and above the benefits payable to the spouse under subsection 22(1), 24(2) or 25(1).
26(7)An amount set aside under this section shall be set aside in the reserves of the Commission in a separate fund to be known as the Firefighters’ Pension Fund and shall be administered by the Commission.
26(8)If the pension to which a surviving dependent spouse is entitled would be less than $500 per year, the Commission may, in lieu of that pension, pay the accumulated capital and the return, whether positive or negative, on the accumulated capital to the spouse at the age of 65 years.
26(9)If a surviving dependent spouse dies before attaining the age of 65 years, any amount set aside in the reserves of the Commission for the purpose of providing the spouse with a pension at the age of 65 years together with the return, whether positive or negative, on the amount shall be divided equally among the surviving dependants of the spouse.
26(10)If a surviving dependent spouse has no surviving dependants at the time of his or her death, the amount remaining shall be deposited to the credit of the Disability Fund.
26(11)The pension provided under this section is in addition to any benefit provided under the Canada Pension Plan Act (Canada) and the Old Age Security Act (Canada).
2016, c.48, s.17
Payments under Canada Pension Plan
27Any compensation or benefits payable by the Commission under section 22, 24 or 25 to a dependant, other than a dependent child, shall be reduced by the amount that person is entitled to receive under the Canada Pension Plan Act (Canada) relative to the death.
Division of benefits
28If the Commission determines that dependants do not live together as a family unit, the Commission may divide the benefits mentioned in sections 22, 24 or 25 among those dependants as it considers just and equitable.
Total and partial dependants
29If there are both total and partial dependants, the Commission may allot the benefits partly to the total and partly to the partial dependants as it considers just and equitable.
Information respecting dependants
30The Commission may require such proof of the existence and condition of dependants in receipt of benefits payments as it considers necessary.
Limitation on benefits
31(1)In no case shall the total benefits paid to all dependants of a firefighter or former firefighter exceed the compensation that would have been payable to the firefighter or former firefighter had he or she been totally unable to work if he or she had survived.
31(2)When a person is paid or is entitled to be paid benefits under this Act in respect of the death of a firefighter or former firefighter and subsequently becomes entitled to be paid benefits under this Act in respect of the death of another firefighter or former firefighter or is paid or entitled to be paid benefits or subsequently becomes entitled to be paid benefits under the Workers’ Compensation Act in respect of the death of a worker as defined in that Act, that person shall be paid only the greater of the benefit payments that he or she is entitled to be paid under this Act or the Workers’ Compensation Act.
PAYMENTS - GENERAL
Payment out of Disability Fund
32The compensation and benefits provided under this Act and the administrative expenses of the Commission shall be paid out of a fund to be called the Disability Fund.
Frequency of payments
33The Commission may fix the frequency of payment of compensation or benefits in each case.
Form of payment
34The Commission may
(a) commute the whole or any part of the payments due or payable to any firefighter or former firefighter or dependant for a lump sum,
(b) substitute for such payments any other scheme of periodical payments, or
(c) substitute for any lump sum a scheme of periodical payments considered to be most expedient in the interest of the firefighter or former firefighter or dependant.
Mode of payment
35The Commission may make payments of compensation or benefits in such manner and form as appears to the Commission to be the most convenient.
Payment to mentally disabled person
36The Commission may make payments in the case of a person of unsound mind to such persons as, in the opinion of the Commission, are best qualified in all the circumstances to administer such payments, whether or not the person to whom the payment is made is the legal guardian of the person of unsound mind.
Payments may not be assigned or seized
37Unless with the approval of the Commission, no sum payable as compensation or by way of commutation of any periodical payment in respect of it is capable of being assigned or seized, and it shall not pass by operation of law except to a personal representative.
AID AND REHABILITATION
Right to aid
38(1)In this section “aid” includes dental services, chiropractic services, nursing services, artificial members and apparatus, including their repair and replacement, transportation, clothing allowances with respect to damage caused to clothing as a result of the use of an artificial member or apparatus, and any other treatment or service, but does not include treatment or services provided under the Medical Services Payment Act or the Hospital Services Act.
38(2)This section applies to a firefighter or former firefighter
(a) who is entitled to compensation under section 10, or
(b) who, though not entitled to compensation under section 10,
(i) has had a heart attack within 24 hours after attendance at an emergency response scene in his or her capacity as a firefighter, or
(ii) has a prescribed disease and meets the requirements of subparagraphs 5(1)(b)(i) and (ii).
38(3)The Commission shall furnish or arrange aid for a firefighter or former firefighter that may be required as a result of the heart attack or prescribed disease and shall determine all questions as to the necessity, character and sufficiency of any aid furnished or arranged under this Act.
38(4)A firefighter or former firefighter referred to in paragraph (2)(b) shall make a claim for aid within one year after he or she has met the requirements under paragraph (2)(b).
38(5)A firefighter or former firefighter referred to in paragraph (2)(b), if he or she would have been entitled to make a claim for aid on or after November 30, 2007, but could not do so because this Act had not yet received Royal Assent, shall make a claim for aid within one year after the date that this Act receives Royal Assent.
Fees for aid
39(1)No person shall charge fees for aid that are more than that which would be properly or reasonably charged to a firefighter or former firefighter if he or she were paying the bill.
39(2)The Commission shall fix the amount payable for aid and no action for any amount larger than that fixed by the Commission lies in respect of any aid provided.
39(3)No action for the recovery of fees for aid may be brought against the Commission unless an application for payment is made in writing to the Commission within 90 days after the aid has been completely rendered.
Rehabilitation
40To assist a disabled firefighter or former firefighter to get back to work and to assist in lessening or removing any handicap resulting from their disability, the Commission may take such measures as it considers necessary or expedient.
RETURN TO WORK
Duty of municipality or rural community
41(1)In this section, “suitable employment” means appropriate employment that a firefighter, employed as such, who has a disablement is capable of doing, considering his or her physical abilities and employment qualifications and which does not endanger his or her health, safety or physical well-being.
41(2)No municipality or rural community that employs a person as a firefighter shall dismiss, suspend, lay off, penalize, discipline or discriminate against him or her because he or she has a disablement in respect of which he or she is, in the opinion of the Commission, entitled to make a claim for compensation under this Act, from the date of the disablement to the later of
(a) the date the Commission renders its decision with respect to the claim for compensation, or
(b) if the municipality or rural community is bound by the requirements of subsection (3) or (5), the date it is no longer bound by those requirements.
41(3)Subject to subsection (5), if the person employed as a firefighter
(a) has a disability in respect of which he or she was entitled to compensation under this Act,
(b) had been, on the commencement of a period in which he or she was entitled to compensation under this Act with respect to that disability, employed by the municipality or rural community for a period of at least one year, and
(c) is, in the opinion of the Commission, able to resume work,
the municipality or rural community shall
(d) permit him or her to resume work in the position he or she held immediately before the commencement of the period in respect of which he or she was entitled to compensation under this Act or in an equivalent position, with no decrease in pay and with no loss of seniority or benefits accrued up to the commencement of that period, or
(e) permit him or her to resume work in suitable employment that may become available with the municipality or rural community with no loss of seniority or benefits accrued up to the commencement of the period referred to in paragraph (d), if, in the opinion of the Commission, he or she is unfit for a position within the meaning of paragraph (d).
41(4)If a person who is permitted to resume work in accordance with paragraph (3)(d) or (e), as the case may be, refuses to do so, the municipality or rural community is no longer bound by the requirements under that paragraph.
41(5)A municipality or rural community is bound by the requirements under subsection (3) for a period of 2 years.
41(6)If this section affords a person employed as a firefighter greater rights than those available to him or her under a collective agreement with the municipality or rural community or under the policies and practices of the municipality or rural community, this section prevails over the collective agreement or the policies and practices.
Application of Employment Standards Act respecting section 41
42(1)The provisions of section 41 shall be deemed to be provisions of Part III of the Employment Standards Act and shall be enforced in accordance with that Act as if they were provisions of that Act.
42(2)Any person who believes that a municipality or rural community has violated or failed to comply with the provisions of section 41 may make a complaint in accordance with Part V of the Employment Standards Act.
42(3)A complaint made by a person in accordance with subsection (2) shall be disposed of in accordance with the provisions of the Employment Standards Act and, subject to subsection (4), the provisions of that Act apply with the necessary modifications with respect to any complaint so made.
42(4)Sections 4 and 8 of the Employment Standards Act do not apply with respect to a complaint made by a person in accordance with subsection (2).
42(5)Any order issued with respect to a complaint made by a person under subsection (2) may be enforced in accordance with the provisions of the Employment Standards Act.
42(6)If a complaint made in accordance with subsection (2) is found to be substantiated, the rights of the firefighter under subsection 41(2) or (3), as the case may be, shall not be prejudiced by the expiration of the period of time referred to in subsection 41(2) or (5), as the case may be.
ADVOCATES
Advocate for firefighter
43(1)A person who has been appointed a Worker’s Advocate under the Workers’ Compensation Act may act as an advocate for a firefighter or former firefighter or any dependant of the firefighter or former firefighter in respect of any claim by him or her for compensation or benefits under this Act.
43(2)An advocate may examine all files, records and other material of the Commission that relate to the claim.
Advocate for municipality or rural community
44(1)A person who has been appointed an Employer’s Advocate under the Workers’ Compensation Act may act as an advocate for a municipality or rural community in respect of any claim being advanced for compensation or benefits by a firefighter employed or serving with the municipality or rural community, or by his or her dependant, and in respect of any concerns of the municipality or rural community relating to assessments.
44(2)An advocate may examine all files, records and other material of the Commission that relate to that municipality or rural community or to the claim.
ASSESSMENTS
Assessments for 2010 to 2014, inclusive
45(1)For each year commencing 2010 up to and including 2014, the Commission shall, on or before the first day of February in each year and subject to subsection (5), make an estimate of the assessment necessary to provide funds for
(a) the cost of all claims for compensation and benefits incurred during the year,
(b) the estimated future cost of the claims and benefits in paragraph (a) payable during subsequent years, and
(c) such sum as the Commission considers appropriate for the administrative expenses of the Commission.
45(2)An assessment under subsection (1) may be adjusted to account for an excess or deficiency in the assessment made for a previous year.
45(3)In the event the Commission incurs a liability because of potential claims for compensation or benefits by firefighters or former firefighters who have been exposed to the hazards of a fire scene as provided under paragraph 5(1)(b), the Commission shall take such steps as are necessary to assess, levy and collect, over a period of 20 years from the time the liability is incurred, sufficient funds to fund the liability.
45(4)The Commission shall, subject to subsection (5), annually levy each municipality and rural community that has its own fire brigade, and the Crown in right of the Province on behalf of each rural district and rural community in which there is a fire brigade for which the Minister is responsible, the same flat amount in respect of each person who is employed or serves as a firefighter with the municipality or rural community or who serves in a fire brigade for which the Minister is responsible.
45(5)The total amount levied per person in any year shall not exceed the amount prescribed by regulation.
45(6)The Commission shall
(a) send to each municipality and rural community that has its own fire brigade an invoice indicating the amount levied under this section in relation to the municipality or rural community, and
(b) send to the Minister of Local Government and Local Governance Reform an invoice indicating the amount levied under this section in relation to each rural district and rural community in which there is a fire brigade for which the Minister is responsible.
45(7)The amount indicated on an invoice under subsection (6) is a debt due and payable to the Commission by the municipality or rural community named in the invoice or by the Crown in right of the Province, as the case may be.
45(8)Where any portion of the amount indicated on an invoice under subsection (7) remains outstanding after 60 days after the date of the invoice, a penalty is payable on the outstanding amount at the rate applied to determine the penalty payable under subsection 10(3) of the Real Property Tax Act.
2012, c.39, s.73; 2020, c.25, s.55; 2021, c.44, s.42; 2023, c.17, s.94
Periodic actuarial review
46The Commission shall ensure that an actuarial review is conducted between January 2014 and September 2014, and at least once every 5 years thereafter, for the purposes of assisting the Commission in determining and meeting its obligations under this Act.
Assessments for 2015 and onwards
47(1)For the year 2015 and each year thereafter, the Commission shall, on or before the first day of February in each year, make an estimate of the assessment necessary to provide funds sufficient to meet
(a) the estimated cost of all claims for compensation and benefits likely to be incurred during the year,
(b) the estimated future cost of the claims and benefits in paragraph (a) payable during subsequent years, and
(c) such sum as the Commission considers appropriate for the administrative expenses of the Commission.
47(2)An assessment under subsection (1) may be adjusted to account for an excess or deficiency in the assessment made for a previous year.
47(3)In the event the Commission incurs a liability because of potential claims for compensation or benefits by firefighters or former firefighters who have been exposed to the hazards of a fire scene as provided under paragraph 5(1)(b), the Commission shall take such steps as are necessary to assess, levy and collect, over a period of 20 years from the time the liability is incurred, sufficient funds to fund the liability.
47(4)The Commission shall annually levy each municipality and rural community that has its own fire brigade, and the Crown in right of the Province on behalf of each rural district and rural community in which there is a fire brigade for which the Minister is responsible, the same flat amount in respect of each person who is employed or serves as a firefighter with the municipality or rural community or who serves in a fire brigade for which the Minister is responsible.
47(5)The Commission shall
(a) send to each municipality and rural community that has its own fire brigade an invoice indicating the amount levied under this section in relation to the municipality or rural community, and
(b) send to the Minister of Local Government and Local Governance Reform an invoice indicating the amount levied under this section in relation to each rural district and rural community in which there is a fire brigade for which the Minister is responsible.
47(6)The amount indicated on an invoice under subsection (5) is a debt due and payable to the Commission by the municipality or rural community named in the invoice or by the Crown in right of the Province, as the case may be.
47(7)Where any portion of the amount indicated on an invoice under subsection (6) remains outstanding after 60 days after the date of the invoice, a penalty is payable on the outstanding amount at the rate applied to determine the penalty payable under subsection 10(3) of the Real Property Tax Act.
2012, c.39, s.73; 2020, c.25, s.55; 2021, c.44, s.42; 2023, c.17, s.94
AUTHORITY AND POWERS OF COMMISSION
Jurisdiction of Commission
48(1)The Commission has jurisdiction to inquire into, hear and determine all matters and questions of fact and law necessary to be determined in connection with compensation payments, the provision of benefits, the administration of payments and the collection and management of the funds for those purposes.
48(2)No decision or ruling of the Commission is binding upon it as a precedent for any other decision or ruling, and each case shall be decided upon its own merits.
Review of Commission proceedings
49(1)Except as provided in sections 41 and 42, the Commission has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Act and as to any matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.
49(2)An action or decision of the Commission is final and conclusive and shall not be open to question or review in any court, and no proceedings by or before the Commission shall be restrained by injunction or other process or proceeding in any court.
49(3)Without limiting the generality of the provisions of subsections (1) and (2), such exclusive jurisdiction extends to determining
(a) the existence of, and degree of, disability by reason of having a heart attack or prescribed disease,
(b) the entitlement of a firefighter or former firefighter to compensation or benefits,
(c) the permanence of a disability by reason of having a heart attack or prescribed disease,
(d) the amount of average earnings, average net earnings, loss of earnings, net family income and an amount for a permanent physical impairment arising out of a disability by reason of having a heart attack or prescribed disease,
(e) the degree of diminution of earning capacity by reason of having a heart attack or prescribed disease,
(f) the existence of the relationship of a member of the family, and
(g) the existence of dependency.
49(4)The decisions of the Commission shall be upon the real merits of the case, and it is not bound to follow strict legal precedent.
Power of Commission to reopen decision
50The Commission may reopen, rehear, redetermine, review or readjust any claim, decision or adjustment, either because a disablement has proven more serious than it was considered to be, or because a change has occurred in the condition of a firefighter or former firefighter or in the number, circumstances or conditions of dependants, or otherwise.
Witnesses and production of evidence
51The Commission has the same powers as The Court of King’s Bench of New Brunswick for compelling the attendance of witnesses and of examining them under oath, and compelling the production of books, papers, documents and things.
2023, c.17, s.94
Delegation of powers of inquiry
52(1)The Commission may appoint any member, officer or other person to make any inquiry that it considers necessary.
52(2)A person appointed under subsection (1) has, for the purposes for which he or has been appointed, all the powers conferred upon the Commission by section 51.
52(3)The Commission may act on the report made by a person appointed under subsection (1).
Information under Workers’ Compensation Act
53The Commission may, for the purposes of assessing claims for compensation or benefits under this Act, use any information supplied to it by any person under the Workers’ Compensation Act.
GENERAL
Records
54(1)A municipality and a rural community that has its own fire brigade and the Minister of Local Government and Local Governance Reform on behalf of the rural districts and rural communities that have fire brigades for which the Minister is responsible shall keep records of the following:
(a) the name of each firefighter providing fire protection services;
(b) the date of commencement of his or her service; and
(c) the date upon which his or her service as a firefighter ceased.
54(2)A person who is required to keep such records shall not destroy the records in respect of any firefighter listed in the records until 60 years have passed after the date of the last record kept by the municipality, rural community or the Minister of Local Government and Local Governance Reform for that firefighter.
54(3)The fire chief of each fire brigade shall ensure that the name of each firefighter who attended a fire is recorded on the fire reporting form provided by the fire marshal under subsection 7.1(1) of the Fire Prevention Act.
54(4)The fire marshal shall keep the information referred to in subsection (3) for a minimum of 60 years.
2012, c.39, s.73; 2020, c.25, s.55; 2021, c.44, s.42
Information to be provided
55(1)A municipality, rural community and the Minister of Local Government and Local Governance Reform shall provide any of the information referred to in subsection 54(1) to the Commission upon request.
55(2)Upon request, the fire marshal shall provide to a firefighter, former firefighter or a dependant or the Commission a list of the fires attended by a firefighter or former firefighter and the dates and places of the fires.
2012, c.39, s.73; 2020, c.25, s.55
No deduction from wages
56No municipality or rural community, either directly or indirectly, shall deduct from the wages of a firefighter employed by it any part of a sum that the municipality or rural community is or may become liable to pay into the Disability Fund.
Duties of medical practitioner
57(1)A medical practitioner shall provide such reports and in such form as is required by the Commission in respect of the disablement and the resulting condition of a firefighter or former firefighter.
57(2)A medical practitioner shall give all reasonable and necessary information, advice and assistance to enable a firefighter or former firefighter or his or her dependants, as the case may be, to make a claim for compensation or benefits and to furnish such evidence as may be required by the Commission.
Reports by medical professionals
58Every medical practitioner, nurse or nurse practitioner attending, consulted about, or having the care of any firefighter or former firefighter shall provide to the Commission such report as may be required by the Commission in respect of the firefighter or former firefighter.
Certificate of order, ruling or decision of Commission
59(1)The Commission may issue a certificate under the seal of the Commission embodying the substance of an order, ruling or decision made by it.
59(2)The Commission shall, on the application of a municipality or rural community, the Minister of Local Government and Local Governance Reform or a firefighter or former firefighter or dependant interested in an order, ruling or decision of the Commission, issue a certificate under the seal of the Commission embodying the substance of the order, ruling or decision.
2012, c.39, s.73; 2020, c.25, s.55
Certificate respecting copy or extract
60(1)A certificate purporting to be signed by an officer of the Commission setting out information from any books, records, documents or files of the Commission in the form of an extract or description shall, in the absence of evidence to the contrary, be admitted in evidence as proof of the facts stated in it without proof of the appointment, authority or signature of the person signing it.
60(2)A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has given the person against whom it is to be produced reasonable notice of the intention, together with a copy of the certificate.
60(3)A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.
Review of Act
2019, c.16, s.2
60.1(1)On or before January 1, 2020, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken in a manner determined by the Commission.
60.1(2)Within two years after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.
2019, c.16, s.2
Regulations
61(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing diseases for the purposes of paragraph 5(1)(b);
(b) providing for conditions and restrictions that must be met before a firefighter or former firefighter or a dependant may make a claim in respect of a prescribed disease;
(c) establishing minimum periods of service as a firefighter for the purposes of subparagraph 5(1)(b)(i), which periods may vary for different prescribed diseases or categories of diseases;
(d) prescribing a ratings schedule for payment of a lump sum for a permanent physical impairment;
(e) providing for the management of the Firefighters’ Pension Fund and regarding options available to beneficiaries under the plan;
(f) prescribing a maximum amount for the purposes of subsection 45(4).
61(2)A regulation or any provision of a regulation made under this section may be made retroactive to any date not earlier than November 30, 2007.
CONSEQUENTIAL AMENDMENTS
Amendments to the Workplace Health, Safety and Compensation Commission Act
62(1)Section 1 of the Workplace Health, Safety and Compensation Commission Act, chapter W-14 of the Acts of New Brunswick, 1994, is amended by adding the following definition in alphabetical order:
“Disability Fund” means the fund providing for the payment of compensation, benefits and expenses pursuant to the Firefighters’ Compensation Act and the administrative costs under this Act incurred in relation to the Firefighters’ Compensation Act;
62(2)Subsection 5(1) of the Act is amended by adding “the Firefighters’ Compensation Act,” after “the Workers’ Compensation Act,”.
62(3)Paragraph 7(g) of the Act is amended by adding “the Firefighters’ Compensation Act,” after “the Workers’ Compensation Act,”.
62(4)Subsection 12(1) of the Act is amended
(a) in the portion preceding paragraph (a) by adding “, the Firefighters’ Compensation Act after “the Workers’ Compensation Act”;
(b) in paragraph (a) by adding “, the Firefighters’ Compensation Act after “the Workers’ Compensation Act”;
(c) in paragraph (b) by adding “, the Firefighters’ Compensation Act after “the Workers’ Compensation Act” wherever it appears.
62(5)Section 14 of the Act is repealed and the following is substituted:
14Neither the Chairperson of the board of directors, the Chairperson of the Appeals Tribunal, the President and Chief Executive Officer, the other members of the board of directors, an officer or other employee of the Commission or an officer or other person appointed under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, nor anyone acting under the instructions of any of them or of the Commission, or under the authority of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act, or the regulations, shall be personally liable for any loss or damage suffered by any person by reason of anything in good faith done, or omitted to be done, by him, her or them, pursuant to or in the exercise or supposed exercise of the power given to him, her or them by this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act.
62(6)Subsection 16(1) of the Act is amended by adding “, the Firefighters’ Compensation Act after “the Workers’ Compensation Act”.
62(7)Section 17 of the Act is amended by adding “, the Firefighters’ Compensation Act after “the Workers’ Compensation Act”.
62(8)Section 18 of the Act is amended
(a) in subsection (1) by adding “, the Firefighters’ Compensation Act after “the Workers’ Compensation Act”;
(b) by adding after subsection (2) the following:
18(3)The necessary administrative costs for administering the Firefighters’ Compensation Act, whether incurred under that Act or this Act, shall be paid out of the Disability Fund.
62(9)Subsection 19(4) of the Act is amended
(a) in paragraph (c) by striking out “and” at the end of the paragraph;
(b) by adding after paragraph (c) the following:
(c.1) on or before the first day of April in each year make a report to the Minister of its transactions during the preceding calendar year, and such report shall contain a statement of the receipt and disposition of funds for that year under the Firefighters’ Compensation Act together with such other particulars as the Minister may require, and
(c) in paragraph (d) by striking out “and (c)” and substituting “(c) and (c.1)”.
62(10)Section 21 of the Act is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by adding “, the Firefighters’ Compensation Act after “the Workers’ Compensation Act”;
(ii) by adding after paragraph (b) the following:
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality or rural community,
(b) by repealing subsection (1.1) and substituting the following:
21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
(c) by adding after subsection (3) the following:
21(3.1)Notwithstanding any other provision of this Act or the Firefighters’ Compensation Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a municipality or rural community that arise in any appeal to it under subsection (1).
(d) in subsection (15) by adding “, the Firefighters’ Compensation Act after “the Workers’ Comepensation Act”.
62(11)Section 24 of the Act is amended
(a) in subsection (1)
(i) in paragraph (a) by adding “or the Disability Fund” after “the Accident Fund”;
(ii) in paragraph (b) by adding “, the Firefighters’ Compensation Act after “the Workers’ Compensation Act”;
(b) in subsection (2) by adding “or the Disability Fund” after “the Accident Fund”.
62(12)Section 26 of the Act is amended
(a) by repealing paragraph (b);
(b) in paragraph (c) by adding “or the Disability Fund” after “the Accident Fund”.
REPEAL AND COMMENCEMENT
Repeal
63An Act to Amend the Workers’ Compensation Act, chapter 75 of the Acts of New Brunswick, 2007, is repealed.
Commencement
64(1)Sections 1 to 40, 48 to 53, and section 61 of this Act shall be deemed to have come into force on November 30, 2007.
64(2)Subsections 54(3) and (4) of this Act come into force on January 1, 2010.
N.B. This Act is consolidated to June 16, 2023.