Testart plans to introduce first responder compensation legislation

An NWT MLA is proposing legislation that he says will make it easier for first responders to access workers’ compensation for post-traumatic stress disorder and expand cancer and heart disease coverage for firefighters.

Kieron Testart, the MLA for Range Lake, announced plans to introduce a private member’s bill, titled the First Responder Workers’ Compensation Amendment Act, at Yellowknife’s fire hall on Monday morning.

“Imagine if you knew that just going to work everyday was increasing your risk of cancer and heart disease, yet you do it everyday with pride and with honour,” he said.

“Despite all this, first responders don’t have access to the same levels of workers’ compensation in the NWT as the rest of Canada. Despite spending years asking for support, the process has always moved too slowly to actually result in the changes these heroes need when they get sick.”

Testart said his bill, which would amend the NWT’s existing Workers’ Compensation Act, aims to create “the most comprehensive workers’ compensation coverage for firefighters in Canada.”

He said the proposed legislation would cover all forms of cancer and heart disease for firefighters in the NWT, get rid of latency periods for those diseases – or the time between exposure and the appearance or diagnosis of symptoms related to that exposure – and make the sole requirement two years’ employment with a fire department.

Testart said while some cancers are listed for presumptive coverage for firefighters under current NWT legislation, there are nine additional cancers covered in other provinces and territories that the NWT does not cover. Presumptive coverage means a diagnosis is presumed to be work-related rather than requiring an employee to prove the connection between their job and illness or injury, simplifying the claims process.

Testart said his bill would also get rid of the 24-hour period after an emergency incident required to cover heart attacks.

According to Testart, the NWT and Nunavut are the only jurisdictions in Canada that do not provide presumptive coverage for PTSD for first responders.

He said his bill would change that and make it easier for law enforcement, paramedics, nurses, sheriffs, correctional officers, emergency dispatch operators and continuing-care assistants in the NWT to get the care they need.

‘We don’t want you fighting the wrong fight’

Christian Bittrolff, president of International Association of Fire Fighters Local 2890, which represents Yellowknife firefighters, said the proposed legislation would get the NWT “caught up with the rest of Canada” regarding presumptive PTSD coverage for first responders.

He said the union has been advocating for presumptive PTSD coverage for more than a decade and for updates to cancer coverage for NWT firefighters for the past five years.

“It is no secret that the chronic and repeated exposure to stressful and traumatic situations place first responders at increased risk for post-traumatic stress disorder,” he said.

“In any given week, first responders are exposed to more traumatic or violent situations than the general public experience in a lifetime.”

Bittrolff added that when first responders are facing mental health challenges, the last thing they want to do is fight for coverage that he said should be presumed given the risks of their profession.

“If you know enough about PTSD and everything else, that is probably not your most organized time in your life where you would be having those kind of struggles and now you’re having to go through a bureaucratic process just to get the coverage,” he said.

“We need you not to fight for coverage. We need you to know coverage will be there if you need it,” said Yellowknife Centre MLA Robert Hawkins, who plans to second the bill.

“We don’t want you fighting the wrong fight. We want you to fight the type of fight of the protection of our community and certainly for your families.”

Richard Edjericon, the MLA for Tu Nedhé-Wiilideh who also supports the proposed legislation, added it will help volunteer firefighters in NWT communities. He said he has a constituent who is a volunteer firefighter who is dealing with challenges the bill intends to address.

‘Money talks’

Bittrolff said the proposed legislation could be “a driving force” for much needed changes to Yellowknife’s fire hall.

The City of Yellowknife has acknowledged the need to upgrade its fire hall, including improvements that could reduce firefighters’ cancer risk.

A 2020 study completed for the city identified several issues with the current facility including outdated heating, ventilation and air conditioning systems that are essential to drying out personal protective equipment.

The report also found the fire hall has no air locks or currents between mechanical and living areas and there is no diesel emissions control. Prolonged exposure to diesel exhaust has been linked to an increased risk of cardiovascular and cardiopulmonary disease, respiratory disease, and lung cancer. 

Council voted to renovate and expand the existing facility in February 2021. In 2024, the city estimated the project could cost $17 million. The municipality’s 2026 capital budget includes $558,000 toward the initiative.

Occupational cancer is the leading cause of line-of-duty death for firefighters, Bittrolff said, and there are more than 265 known carcinogens in a typical residential construction fire.

“The faster we break ground on the renovations, the better on the preventative end,” he said.

“Generally speaking, money talks. If on the insurance end you have to pay if I get sick, there’s going to be more incentive for you to invest in the preventative programs so that I don’t get sick, because it costs more money on the back end.”

Testart’s bill would only impact workers’ compensation coverage for first responders in the NWT but he said he hopes it will be an example for Nunavut to implement similar legislative changes.

Testart said if his proposed legislation passes, it will come into force in October 2026, one year after Nunavut’s upcoming territorial election.

He plans to introduce the bill in the NWT Legislative Assembly for first reading on Wednesday.