14 (1) In this section, “ambulance service” has the same meaning as in subsection 1 (1) of the Ambulance Act; (“service d’ambulance”) “ambulance service manager” means a worker employed in an ambulance service who manages or supervises one or more paramedics and whose duties include providing direct support to paramedics dispatched by a communications officer on a request for ambulance services; (“chef de service d’ambulance”) “band council” means a council of the band as defined in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “communications officer” means a communications officer for the purposes of the Ambulance Act; (“agent de répartition”) “correctional institution” means a correctional institution as defined in section 1 of the Ministry of Correctional Services Act or a similar institution operated for the custody of inmates; (“établissement correctionnel”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “correctional institution” in subsection 14 (1) of the Act is amended by striking out “section 1 of the Ministry of Correctional Services Act” and substituting “section 2 of the Correctional Services and Reintegration Act, 2018”. (See: 2018, c. 6, Sched. 3, s. 16) “correctional services officer” means a worker who is directly involved in the care, health, discipline, safety and custody of an inmate confined to a correctional institution, but does not include a bailiff, probation officer or parole officer; (“agent des services correctionnels”) “emergency medical attendant” has the same meaning as in subsection 1 (1) of the Ambulance Act; (“ambulancier”) “firefighter” means, (a)  a firefighter as defined in subsection 1 (1) of the
Fire Protection and Prevention Act, 1997, or (b)  a worker who, (i)  is employed by a band council and assigned to undertake fire protection services on a reserve, or (ii)  provides fire protection services on a reserve, either as a volunteer or for a nominal consideration, honorarium, training or activity allowance; (“pompier”) “fire investigator” means, (a)  a worker to whom the Fire Marshal appointed under subsection 8 (1) of the Fire Protection and Prevention Act, 1997 has delegated the duty to investigate the cause, origin and circumstances of a fire, (b)  a worker who was an inspector appointed under subsection 2 (4) of the Fire Marshals Act before that Act was repealed by the Fire Protection and Prevention Act, 1997, or (c)  a worker who is employed by a band council and assigned to investigate the cause, origin and circumstances of a fire on a reserve; (“enquêteur sur les incendies”) “full-time firefighter” means a worker who is a firefighter, is regularly employed on a salaried basis and is scheduled to work an average of 35 hours or more per week; (“pompier à temps plein”) “member of an emergency response team” means a person who provides first aid or medical assistance in an emergency, either as a volunteer or for a nominal consideration, honorarium or training or activity allowance, and who is dispatched by a communications officer to provide the assistance, but does not include an emergency medical attendant, a firefighter, a paramedic or a police officer; (“membre d’une équipe d’intervention d’urgence”) “operational manager” means a worker who directly supervises one or more correctional services officers; (“chef des opérations”) “paramedic” has the same meaning as in subsection 1 (1) of the Ambulance Act; (“auxiliaire médical”) “part-time firefighter” means a worker who is a firefighter and is not a volunteer firefighter or full-time firefighter; (“pompier à temps partiel”) “place of secure custody” has the same meaning as in subsection 2 (1) of the Child, Youth and Family Services Act, 2017; (“lieu de garde en milieu fermé”) “place of secure temporary detention” has the same meaning as in subsection 2 (1) of the Child, Youth and Family Services Act, 2017; (“lieu de détention provisoire en milieu fermé”) “police officer” means a chief of police, any other police officer or a First Nations Constable, but does not include a person who is appointed as a police officer under the Interprovincial Policing Act, 2009, a special constable, a municipal law enforcement officer or an auxiliary member of a police force; (“agent de police”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “police officer” in subsection 14 (1) of the Act is amended by striking out “First Nations Constable” and substituting “First Nation Officer” and by striking out “police force” at the end and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 66 (2)) “posttraumatic stress disorder” means, subject to subsection (19), posttraumatic stress disorder, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), published by the American Psychiatric Association; (“état de stress post-traumatique”) “psychiatrist” has the same meaning as in subsection 1 (1) of the Mental Health Act; (“psychiatre”) “psychologist” means a member of the College of Psychologists of Ontario who holds a certificate of registration for a psychologist authorizing autonomous practice, or an individual who has a similar status in another province or territory of Canada; (“psychologue”) “reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada); (“réserve”) “worker in a correctional institution” means a correctional services officer, an operational manager, or a worker who is employed at a correctional institution to provide direct health care services by assessing, treating, monitoring, evaluating and administering medication to an inmate confined to a correctional institution; (“travailleur d’un établissement correctionnel”) “worker in a place of secure custody or place of secure temporary detention” means a youth services worker, a youth services manager, or a worker who is employed at a place of secure custody or place of secure temporary detention to provide direct health care services by assessing, treating, monitoring, evaluating and administering medication to a young person in custody or detention at the place of secure custody or secure temporary detention; (“travailleur d’un lieu de garde en milieu fermé ou d’un lieu de détention provisoire en milieu fermé”) “worker involved in dispatch” means a communications officer, a worker whose duties include the dispatch of firefighters and police officers, or a worker who receives emergency calls that initiate the dispatch of ambulance services, firefighters and police officers; (“travailleur s’occupant de répartition”) “young person” has the same meaning as in subsection 2 (1) of the Child, Youth and Family Services Act, 2017; (“adolescent”) “youth services manager” means a worker who is employed in a management position at a place of secure custody or secure temporary detention, and who directly supervises youth services workers, but does not include an administrator of a place of secure custody or secure temporary detention or a manager who only supervises educational, health-related or counselling services to young persons at the facility; (“chef des services aux jeunes”) “youth services worker” means a worker who is employed at a place of secure custody or secure temporary detention, and who directly supervises young persons who are in custody or detention at the place of secure custody or secure temporary detention, including supervising daily routines and programs, but does not include a worker who provides only educational, health-related or counselling services to young persons at the facility. (“travailleur des services aux jeunes”) 2016, c. 4, s. 2; 2017, c. 14, Sched. 4, s. 36; 2018, c. 8, Sched. 37, s. 1 (1). Application (2) This section applies with respect to the following workers: 1.  Full-time firefighters. 2.  Part-time firefighters. 3.  Volunteer firefighters. 4.  Fire investigators. 5.  Police officers. 6.  Members of an emergency response team. 7.  Paramedics. 8.  Emergency medical attendants. 9.  Ambulance service managers. 10.  Workers in a correctional institution. 11.  Workers in a place of secure custody or place of secure temporary detention. 12.  Workers involved in dispatch. 13.  Members of the College of Nurses of Ontario who directly provide patient care and who are not workers described in paragraph 10 or 11. 14.  Provincial bailiffs appointed under the Ministry of Correctional Services Act. Note: On the day section 33 of Schedule 2 to the Correctional Services Transformation Act, 2018
comes into force, paragraph 14 of subsection 14 (2) of the Act is amended by striking out “Ministry of Correctional Services Act” at the end and substituting “Correctional Services and Reintegration Act, 2018”. (See: 2018, c. 8, Sched. 37, s. 3 (3)) 15.  Probation officers appointed under or in accordance with the Ministry of Correctional Services Act or the Child and Family Services Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 15 of subsection 14 (2) of the Act is amended by striking out “Child and Family Services Act” at the end and substituting “Child, Youth and Family Services Act, 2017”. (See: 2018, c. 8, Sched. 37, s. 1 (3)) Note: On the day section 153 of Schedule 2 to the Correctional Services Transformation Act, 2018
comes into force, paragraph 15 of subsection 14 (2) of the Act is amended by striking out “Ministry of Correctional Services Act” and substituting “Correctional Services and Reintegration Act, 2018”. (See: 2018, c. 8, Sched. 37, s. 3 (4)) 16.  Workers who directly supervise workers described in paragraph 15. 17.  Special constables appointed under the Community Safety and Policing Act, 2019. 18.  Members of a police service, as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019, other than those described in paragraph 5, who perform work in a forensic identification unit or a Violent Crime Linkage Analysis System unit of the police service. 2016, c. 4, s. 2; 2018, c. 8, Sched. 37, s. 1 (2); 2023, c. 12, Sched. 1, s. 79 (1, 2). Entitlement to benefits (3) Subject to subsection (7), a worker is entitled to benefits under the insurance plan for posttraumatic stress disorder arising out of and in the course of the worker’s employment if, (a)  the worker, (i)  is a worker listed in subsection (2), (ii)  was a worker listed in paragraphs 1 to 12 of subsection (2) for at least one day on or after April 6, 2014, or (iii)  was a worker listed in paragraphs 13 to 18 of subsection (2) for at least one day on or after the day the Plan for Care and Opportunity Act (Budget Measures), 2018
receives Royal Assent; (b)  the worker is or was diagnosed with posttraumatic stress disorder by a psychiatrist or psychologist; and (c)  for a worker who, (i)  is a worker listed in paragraphs 1 to 12 of subsection (2) at the time of filing a claim, the diagnosis is made on or after April 6, 2014, (ii)  ceases to be a worker listed in paragraphs 1 to 12 of subsection (2) on or after April 6, 2016, the diagnosis is made on or after April 6, 2014 but no later than 24 months after the day on which the worker ceases to be a listed worker, (iii)  ceased to be a worker listed in paragraphs 1 to 12 of subsection (2) after April 6, 2014 but before April 6, 2016, the diagnosis is made on or after April 6, 2014 but no later than April 6, 2018, or (iv)  ceases to be a worker listed in paragraphs 13 to 18 of subsection (2) on or after the day the Plan for Care and Opportunity Act (Budget Measures), 2018 receives Royal Assent, the diagnosis is made no later than 24 months after the day on which the worker ceases to be a listed worker. 2018, c. 8, Sched. 37, s. 1 (6). (4) Repealed: 2018, c. 8, Sched. 37, s. 1 (6). Same (5) The worker is entitled to benefits under the insurance plan as if the posttraumatic stress disorder were a personal injury. 2016, c. 4, s. 2. Presumption re: course of employment (6) For the purposes of subsection (3), the posttraumatic stress disorder is presumed to have arisen out of and in the course of the worker’s employment, unless the contrary is shown. 2016, c. 4, s. 2. No entitlement, employer’s decisions or actions (7) A worker is not entitled to benefits under the insurance plan for posttraumatic stress disorder if it is shown that the worker’s posttraumatic stress disorder was caused by decisions or actions of the worker’s employer relating to the worker’s employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker’s employment. 2016, c. 4, s. 2; 2017, c. 8, Sched. 33, s. 2. s. 13 entitlement (8) Nothing in this section affects entitlement to benefits under section 13 for posttraumatic stress disorder that meets the requirements of that section. 2016, c. 4, s. 2. No refiling of claims (9) If a worker filed a claim in respect of posttraumatic stress disorder and the claim was denied by the Board or by the Appeals Tribunal, the worker may not refile the claim under this section. 2016, c. 4, s. 2. Time limits (10) The time limits in subsections 22 (1) and (2) do not apply in respect of a claim made under this section by a worker listed in paragraphs 1 to 12 of subsection (2) that is made with respect to posttraumatic stress disorder that was diagnosed on or after April 6, 2014 but before April 6, 2016. 2018, c. 8, Sched. 37, s. 1 (7). Same (11) A claim made under this section by a worker listed in paragraphs 1 to 12 of subsection (2) with respect to posttraumatic stress disorder that was diagnosed on or after April 6, 2014 but before April 6, 2016 must be filed on or before October 6, 2016. 2018, c. 8, Sched. 37, s. 1 (7). Pending claim (12) If a worker listed in paragraphs 1 to 12 of subsection (2) filed a claim for entitlement to benefits relating to posttraumatic stress disorder and the claim was pending before the Board on April 6, 2016, the Board shall decide the claim in accordance with this section as it reads at the time the Board makes its decision as though the requirements in clauses (3) (a) and (c) were satisfied. 2018, c. 8, Sched. 37, s. 1 (7). Same (13) If a worker listed in paragraphs 13 to 18 of subsection (2) has filed a claim for entitlement to benefits relating to posttraumatic stress disorder and the claim is pending before the Board on the day the Plan for Care and Opportunity Act (Budget Measures), 2018 receives Royal Assent, the Board shall decide the claim in accordance with this section as it reads at the time the Board makes its decision as though the requirements in clauses (3) (a) and (c) were satisfied. 2018, c. 8, Sched. 37, s. 1 (7). Same (14) For the purposes of subsections (12) and (13), a claim is pending if the Board has not made a final decision in respect of the claim. 2018, c. 8, Sched. 37, s. 1 (7). Pending appeal (15) If a worker listed in paragraphs 1 to 12 of subsection (2) filed a claim for entitlement to benefits relating to posttraumatic stress disorder and the claim was pending before the Appeals Tribunal on April 6, 2016, the Appeals Tribunal shall refer the claim back to the Board and the Board shall decide the claim in accordance with this section as it reads at the time the Board makes its decision as though the requirements in clauses (3) (a) and (c) were satisfied. 2018, c. 8, Sched. 37, s. 1 (7). Same (16) If a worker listed in paragraphs 13 to 18 of subsection (2) has filed a claim for entitlement to benefits relating to posttraumatic stress disorder and the claim is pending before the Appeals Tribunal on the day the Plan for Care and Opportunity Act (Budget Measures), 2018 receives Royal Assent, the Appeals Tribunal shall refer the claim back to the Board and the Board shall decide the claim in accordance with this section as it reads at the time the Board makes its decision as though the requirements in clauses (3) (a) and (c) were satisfied. 2018, c. 8, Sched. 37, s. 1 (7). Other appeal (17) If, on or after April 6, 2016 and on or before October 6, 2016, a worker listed in paragraphs 1 to 12 of subsection (2) filed a notice of appeal of a final decision of the Board that was made before April 6, 2016 regarding a claim for entitlement to benefits relating to posttraumatic stress disorder with the Appeals Tribunal, the Appeals Tribunal shall refer the claim back to the Board and the Board shall decide the claim in accordance with this section as it reads at the time the Board makes its decision as though the requirements in clauses (3) (a) and (c) were satisfied. 2018, c. 8, Sched. 37, s. 1 (7). Same (18) If, on or after the day the Plan for Care and Opportunity Act (Budget Measures), 2018 receives Royal Assent and within the time limit set out in subsection 125 (2), a worker listed in paragraphs 13 to 18 of subsection (2) files a notice of appeal of a final decision of the Board that was made before the Plan for Care and Opportunity Act (Budget Measures), 2018 receives Royal Assent regarding a claim for entitlement to benefits relating to posttraumatic stress disorder with the Appeals Tribunal, the Appeals Tribunal shall refer the claim back to the Board and the Board shall decide the claim in accordance with this section as it reads at the time the Board makes its decision as though the requirements in clauses (3) (a) and (c) were satisfied. 2018, c. 8, Sched. 37, s. 1 (7). Transition, prior diagnosis (19) For the purposes of the following claims, posttraumatic stress disorder includes posttraumatic stress disorder as described in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), published by the American Psychiatric Association: 1.  Claims and appeals in respect of workers listed in paragraphs 1 to 12 of subsection (2) that were pending on April 6, 2016. 2.  New claims made under this section by workers listed in paragraphs 1 to 12 of subsection (2) on or before October 6, 2016. 3.  Claims and appeals in respect of workers listed in paragraphs 13 to 18 of subsection (2) that are pending on the day the Plan for Care and Opportunity Act (Budget Measures), 2018 receives Royal Assent. 4.  Claims described in subsections (17) and (18). 2018, c. 8, Sched. 37, s. 1 (7). Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2016, c. 4, s. 2 - 06/04/2016 2017, c. 8, Sched. 33, s. 2 - 01/01/2018; 2017, c. 14, Sched. 4, s. 36 - 30/04/2018 2018, c. 3, Sched. 5, s. 68 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019; 2018, c. 6, Sched. 3, s. 16 - not in force; 2018, c. 8, Sched. 37, s. 1 (1, 2, 6, 7) - 08/05/2018; 2018, c. 8, Sched. 37, s. 1 (3), 3 (3, 4) - not in force; 2018, c. 8, Sched. 37, s. 1 (4, 5) - no effect - see 2023, c. 12, Sched. 1, s. 81 - 08/06/2023 2019, c. 1, Sched. 4, s. 66 (2) - not in force 2023, c. 12, Sched. 1, s. 79 (1, 2) - 08/06/2023