Report to: General Committee                                                  Report Date: October 16, 2007

SUBJECT:                          Amendment to Records Retention By-Law – Addition of New Retention Code for Firefighters’ Human Resources Records

PREPARED BY:               Frank Edwards, Ext. 3090

RECOMMENDATION:

That By-law No. 2001-101 be amended to add a new retention code for the permanent retention of Town of Markham Firefighters’ Human Resources records.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

On May 4, 2007, the province approved an amendment to the Workplace Safety and Insurance Act, 1997 (WSIA) which, among other things, acknowledges higher than average cancer rates, heart disease and injury amongst firefighters. The legislation permits firefighters with these illnesses and conditions (or their estates) to make a claim with the Workplace Safety and Insurance Board (WSIB) as far back as 1960. The records retention schedules for all Town records are contained within By-Law 2001-101, as amended.  As a result, Human Resources staff have requested a change to the records retention period for firefighters’ personnel and medical records from 15 years to permanent.

1. Purpose                     2. Background                      3. Discussion                        4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

PURPOSE:

To amend the Town’s Records Retention By-law to change the retention period for firefighters’ personnel and medical records from 15 years to permanent in response to recent changes to the Workplace Safety and Insurance Act, 1997.

BACKGROUND:

An amendment to the Workplace Safety and Insurance Act, 1997 (WSIA), received Royal Assent on May 4, 2007 allowing the government to make regulations affecting Ontario's full-time, part-time and volunteer firefighters and fire investigators.

On June 8, 2007, the government introduced Regulation 253/07 for full-time firefighters that identifies and sets out the conditions/restrictions in order for each of eight types of cancer, as well as heart injuries suffered within 24 hours of fighting a fire or participating in a training exercise involving a simulated fire emergency, to be presumed to be work-related(unless shown otherwise).

Previously, the WSIB had internal operational policies for dealing with some types of occupational diseases for firefighters, but generally assessed each firefighter claim on a case-by-case basis to determine if the disease was work-related or possibly caused by other factors not related to a firefighter's job. Some Canadian jurisdictions have presumptive legislation to address specific health concerns of firefighters. This legislation now allows Ontario to do the same through regulations under the WSIA.

Presumptive legislation identifies or alternatively allows the government to identify, through regulations, specific diseases or injuries that would be presumed to be work-related for the purpose of workers' compensation, unless the contrary is shown. In the case of heart injuries and the eight types of cancer specified, the WSIB will now presume, subject to the conditions and restrictions set out in the regulation, the disease or heart injury, prescribed in the regulation, to be work-related unless it could be demonstrated that it was caused by other factors, such as non-work-related exposure or hereditary factors.

These changes apply to heart injuries sustained or diseases diagnosed on or after January 1, 1960. Claims already decided on by the WSIB or the Workplace Safety and Insurance Appeals Tribunal can be re-opened at the request of the claimant. Due to the change in legislation, it is recommended the Town amend the Records Retention By-law for firefighters’ records from 15 years to permenant.

OPTIONS/ DISCUSSION:

None

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

None

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

Human Resources

RECOMMENDED

BY:    ________________________          ________________________

Sheila Birrell, Town Clerk                   Andy Taylor, Commissioner

Corporate Services

ATTACHMENTS:

None