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By Josh Hall (Twitter: @Vancan19)

expansion not retroactive

Important piece lacking, firefighters say, with Alberta’s expansion of presumptive cancer coverage

Apr 27, 2023 | 6:00 AM

Expanded cancer coverage for firefighters is welcome news, but there’s something lacking, advocates say.

The province announced this month it’s increasing presumptive cancer coverage for all firefighters, this after it had already done so for those who fought the 2016 Fort McMurray fires.

The list of cancers covered is now 20 types long, with mesothelioma, pancreatic, soft tissue sarcoma and thyroid cancers added. The minimum period for colorectal cancer has also been reduced from 20 to 15 years, and these apply if the claims were made on or after April 5, 2023.

The government says these actions allow the Workers’ Compensation Board (WCB) to handle cases faster.

“Cancer is the leading cause of death among firefighters in North America. Research shows the profession of firefighting is carcinogenic to humans,” says Matt Osborne, president, Alberta Professional Fire Fighters and Paramedics Association. “When buildings burn, it’s a toxic soup of chemicals. Firefighters and their families greatly appreciate the Government of Alberta adding these needed WCB coverages. Alberta is now leading Canada again in the number of presumptive cancers covered.”

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Ken McMullen, RDES Chief, says up to five of his team’s members have experienced occupational cancers over the last decade.

“Firefighter cancer is a significant risk to our members, and any time we can talk about it is good. How can we take care of those who take care of us? That’s a meaningful conversation,” says McMullen. “There is a bit of a caveat though; with the main concern being that this isn’t fully retroactive. We don’t want anyone to fall through the cracks.”

What McMullen means is that the expanded coverage only applies if a diagnosis was made after the legislation came into effect — April 5, 2023, as noted.

Estimates suggest there are about 12 Alberta firefighters who’d fall into that category, McMullen shares.

rdnewsNOW reached out to the Ministry of Jobs, Economy and Northern Development to ask why the expanded coverage for Fort McMurray 2016 firefighters, or others, isn’t retroactive.

“As the evidence mounts, we’re open to revisiting these files and making changes,” says Vitor Marciano, chief of staff to Minister Brian Jean. “Conceivably, there’s a small number of cases where the person is turned down because their lead time was short, and if it doesn’t get captured by this, it will be by the WCB’s fairness processes.”

Marciano explains that if they make everything retroactive, like it is in several other provinces, including in Ontario where it’s retroactive to 1960, it would open up a can of worms in terms of fairness.

“We believe the number of people who may have to access appeals or fairness provisions to be less than a dozen,” he says. “We have a high degree of confidence the system will take care of people, and we’ve told the firefighters union to bring cases forward which are problematic.”

Osborne says they will continue to lobby to have more retroactivity incorporated into Alberta’s legislation.

“This coverage will take place on a go-forward basis and any firefighters already suffering from cancer will need to go through the new WCB Fairness Review process. It’s unfortunate that Alberta continues to be one of the only provinces not to include retroactive coverage for firefighters who are already battling these cancers,” says Osborne.

“Like anyone, it’s extra hard when you’re trying to battle cancer as a firefighter, and as a family, while you try to prove a WCB claim that you know is related to the toxic exposures from doing your job.”

McMullen, meantime, points to Quebec Liberal MP Sherry Romanado, who, in Nov. 2021, introduced Bill C-224, aiming to establish a national framework for the prevention and treatment of cancers linked to firefighting.

It awaits second reading in the Senate after being unanimously passed by the House of Commons this March.

“She championed this because across provinces, different occupational cancers are being covered different amounts, and not all the same cancers are covered, here as they are in, say, Nova Scotia,” he explains.

“Whether you’re in B.C., Nova Scotia or Alberta, the risks remain the same, and it doesn’t make a lot of sense for some provinces to cover one cancer, but a firefighter isn’t covered elsewhere. There are even differences with gender-specific cancers which aren’t covered the same way from province to province.”

McMullen says MP Romanado’s bill speaks in favour of what Alberta is trying to do.

The Alberta Government notes there were 177 WCB claims by firefighters for cancers listed in regulation, between 2017 and 2022. Of those, 84 per cent were accepted.