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Preamble:
WHEREAS Bill 1: Workers’ Compensation Amendment Act, 2012, was introduced to amend the Workers’ Compensation Act to include provisions under part 4, that if a first responder, correctional officer, emergency dispatcher or a member of any other class of worker prescribed by regulations is, or has been diagnosed with post-traumatic stress disorder by a physician or psychologist, the post-traumatic stress disorder shall be presumed, unless the contrary is proven, to be an injury that arose out of and occurred during the course of the worker’s employment; and
WHEREAS public safety personnel are at an increased risk for developing a psychological injury due to the nature of their work and 44.5% meet the criteria for one or more mental disorders; and
WHEREAS post-traumatic stress disorder is a potentially disabling condition that is now a widely recognized public health issue, particularly among public safety personnel. and
WHEREAS the Workers’ Compensation Act, part 4, defines a “first responder” as a firefighter, paramedic, peace officer, or police officer; and
WHEREAS the Government of Canada has confirmed and committed to the Royal Canadian Mounted Police’s role in providing contract policing to the end of current contract agreements in 2032 and beyond for all interested contract partners, as communicated to all provincial Ministers of Public Safety in Spring 2024; and
WHEREAS the Workers’ Compensation Act, part 4, defines a “peace officer” as an individual appointed as a peace officer under section 7 of the Peace Officer Act who is authorized by that appointment to use the title “Sheriff”; and
WHEREAS the restricted definition of “peace officer” to only include those authorized to use the title of Sheriff under part 4 of the Workers’ Compensation Act, does not encompass approximately 3000 community peace officers and peace officers throughout Alberta under the presumptive provisions for PTSD coverage; and
WHEREAS municipalities, their residents, businesses, and visitors benefit from having community peace officers in their communities to preserve and maintain the public peace and benefit from an engaged mentally healthy and resilient workforce;
Operative Clause:
THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) advocate for the Government of Alberta (GOA) to, by regulation, add all peace officers appointed under the Peace Officer Act as an “other class of worker” referred to in section 24.2(2) of the Workers’ Compensation Act until such time as the Act can be amended;
FURTHER BE IT RESOLVED that the RMA advocate for the GOA to amend the definition of “Peace Officer” under the Workers’ Compensation Act, Part 4, section 24.2(1)(f) to include all peace officers appointed under section 7 of the Peace Officer Act.
Member Background:
Under the Workers’ Compensation Act, in Part 4; Compensation Entitlement, Application and Payment, workers are entitled to compensation under the WCA if the worker suffers personal injury by accident, unless the injury is attributable primarily to the serious and willful misconduct of the worker, and to the dependents of a worker who dies as a result of an accident.
Further, under Part 4, is PTSD presumptions, specifically section 24.2 where if a first responder, correctional officer, emergency dispatcher or a member of any other class of worker prescribed by regulations is or has been diagnosed with post-traumatic stress disorder by a physician or psychologist, the post-traumatic stress disorder shall be presumed, unless the contrary is proven, to be an injury that arose out of and occurred during the course of the worker’s employment.
According to the American Psychiatric Association, post-traumatic stress disorder (PTSD) is a psychiatric disorder that may occur in people who have experienced or witnessed a traumatic event such as a natural disaster, a serious incident, a terrorist act, war/combat, or rape or who have been threatened with death, sexual violence, or serious injury. A study conducted by Carleton et al. (2018) investigated the proportion of Canadian public safety personnel reporting symptom clusters consistent with various mental disorders. The results indicated that 23.2% of the total sample screened positive for PTSD (in contrast, estimates of the prevalence of PTSD among the general population range from 1.1 to 3.5%).
As of 2020, the Government of Alberta indicated that the province has more than 30,000 part and full-time police officers, firefighters, and paramedics. Section 24.2(1)(d) of the Act defines first responders as a firefighter, paramedic, peace officer, or police officer. However, when reviewing the definition of peace officer under section 24.2(1)(f), it defines a peace officer as an individual appointed as a peace officer under section 7 of the Peace Officer Act who is authorized by that appointment to use the title “Sheriff”.
According to the Government of Alberta, there are approximately 3,000 peace officers in Alberta that are employed by approximately 290 authorized employers such as municipalities, post-secondary institutions, hospitals, and police agencies. These community peace officers are appointed under section 7 of the Peace Officer Act but are only permitted by the Ministry of Justice and Solicitor General to use the title of Peace Officer or Community Peace Officer, and not the title of Sheriff. Therefore, there are approximately 3,000 community peace officers that are not covered under section 24.2 of the Workers’ Compensation Act and compensation will not be presumed. Workers that do not fall under the definition of a first responder, are still able to submit a claim for PTSD, or other psychological diagnosis. Adjudication of these psychological injury claims will occur in the same manner as other WCB claims.
According to the Government of Alberta, which is responsible for the Workers’ Compensation Act, in Alberta, they indicated that a committee review is required every 10 years for the Act. The most recent committee review was completed in 2020. At that time, there was an amendment to the definition of workers covered under the presumptive coverage, which still does not encompass community peace officers.
Peace officers and community peace officers are across Alberta providing services to protect Albertans. Community peace officers are in communities and institutions to “preserve and maintain the public peace”. To that end, these dedicated community peace officers can become involved in serious, traumatic, and life altering events. These events include but are not limited to physical confrontations; motor vehicle collisions where severe injury or death has occurred; transporting or assisting in the transportation of deceased people within hospitals; providing first-aid medical services such as CPR; amongst others. Roles that are consistent with “first responders” such as firefighters, paramedics, police officers, and sheriffs, are currently covered under the Act.
Under the Public Security Peace Officer Program Policy and Procedures Manual, issued through the Government of Alberta, community peace officers are permitted to provide emergency response while operating emergency vehicles, to injury collisions, attending fire or medical situations at the request of the Fire or EMS department, to any emergent situation if requested by the police service to attend in an emergency response capacity, or to provide backup to police or peace officers where there is a reasonable belief that the officer is in serious danger.
There has been no previous advocacy or resolutions pertaining to this specific topic through Rural Municipalities of Alberta. However, in 2017, the County of St. Paul brought forward a resolution, which was adopted, titled “Specialized Clinical Counselling and Therapy for Distressed Emergency First Responders”. The resolution requested “that the Alberta Association of Municipal Districts and Counties strongly encourages the Government of Alberta to create and staff a governmental unit capable of providing specialized clinical counselling and therapy for distressed emergency first responders capable of servicing and travelling to all regions of the province.” While this resolution does not speak directly to community peace officers and their inclusion into the WCB definition of first responders; it does recognize the strain on an individual performing duties of a first responder.
Should this amendment be made to the Workers’ Compensation Act and community peace officers are defined as first responders under the Workers’ Compensation Act, community peace officers would also be recognized under the Heroes’ Compensation Act as first responders. This Act provides a lump sum payment of $100,000 being paid to the dependent(s), or the estate, of a first responder that dies as a result of an accident defined by the Workers’ Compensation Act.
Sources
https://psychiatry.org/patients-families/ptsd/what-is-ptsd
RMA Background:
RMA has no active resolutions directly related to this issue.
Alberta Jobs Economy and Trade
Thank you for your November 25, 2024 letter regarding the Rural Municipalities of Alberta’s Resolution 14-24F regarding providing post-traumatic stress disorder (PTSD) presumptions for all peace officers. The Government of Alberta appreciates the vital role peace officers play in keeping our communities safe and secure in Alberta. As Minister of Jobs, Economy and Trade, I appreciate the opportunity to respond.
In Alberta, only peace officers who are sheriffs are eligible for presumptions for PTSD. Presumptions simplify the claims process, but do not guarantee claim acceptance. All peace officers in Alberta who experience psychological injuries due to work, including PTSD, can access workers’ compensation coverage through the standard claims process.
Across Canada, community peace officers are eligible for PTSD or psychological injury presumptions only in jurisdictions that offer these presumptions to all workers. Those jurisdictions that offer presumptions to peace officers specifically limit eligibility for presumptions to sheriffs.
If peace officers are having trouble navigating the workers’ compensation system, they can receive free support from the Advisor Office for Alberta Workers’ Compensation Board. More information on the services the Advisor Office provides is available at https://advisoroffice.alberta.ca/.
Although the government is not planning to expand PTSD presumptions at this time, my department will continue to look at new research regarding links between professions, psychological injuries and the workers’ compensation system. Your suggestions will be taken into consideration for future reviews of the legislation.
Development:
The Government of Alberta response highlights community peace officers’ (CPOs’) “vital” role in keeping communities safe and reiterates that only peace officers who are sheriffs have access to presumed PTSD coverage. The response states that the Government of Alberta does not plan to expand PTSD presumptions.
RMA is disappointed by the Government of Alberta’s lack of interest in providing CPOs with presumed PTSD coverage given their frontline public safety role. Furthermore, RMA does not believe that further research is needed to justify CPO presumptive coverage given the associations outlined in this resolution and presumptive coverage that has already been extended to first responders in other professions. RMA assigns this resolution a status of Intent Not Met and will continue to advocate on this resolution.
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