Public safety employees (federal)
- If you develop a mental health disorder related to your work, the law presumes it was caused by your job, unless evidence shows otherwise. A prescribed medical professional must diagnose it as related to employment (s.4(1)(a)(i.1), s.4(1.1), s.4(7) “mental health disorder”).
- The list of covered roles includes frontline response, law enforcement, EMS, dispatch, fire, corrections, forensic support, court support, and services to victims of crime; it can be expanded by regulation (s.2 “public safety employee”, s.8(3)).
- Compensation rates match those in the province where you are usually employed, including coverage for mental health disorders from work circumstances (s.4(2), s.4(2)(a.1)).
- If you might sue a third party for the same harm, you must choose to claim GECA compensation or sue; rules on sharing any excess recovery still apply (s.9, s.9.1(4), s.9.2(4)).
- Notice to elect between GECA and a lawsuit must be given within 3 months after your employment ends for mental health claims, or within longer if allowed by the compensation authority (s.11).
Federal departments and agencies (employers)
- Provincial workers’ compensation boards will continue to administer claims; Treasury Board may advance funds to them as needed (s.4(3), s.4(6)(b)).
- The repeal of the bar on claims against the Crown allows employees to pursue civil claims against the Crown beyond GECA compensation, subject to other laws (s.12 repealed; bill summary).
Provincial workers’ compensation boards
- You continue to administer GECA claims at provincial rates, including new presumptive mental health claims for federal public safety employees (s.4(2), s.4(3), s.4(1.1)).