The following definitions apply in this Act. 2014, c.49, s.33; 2017, c.20, s.71; 2021, c.44, s.42; 2025, c.9, s.1
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act.(Tribunal d’appel)
“average earnings” means the daily, weekly, monthly or other regular remuneration that a firefighter or former firefighter was receiving at the time of disablement, or receiving previously or at the time of loss of earnings or at the time of death, that the Commission considers best represents the earnings of the firefighter or former firefighter unless it is established to the satisfaction of the Commission that under normal circumstances, based on the firefighter or former firefighter’s age and ongoing occupational, trade, technical or professional training, the earnings would have probably increased, in which case this fact should be considered in determining the average earnings, and in no case shall average earnings exceed the maximum annual earnings.(gains moyens)
“average net earnings” means the average earnings, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings.(gains moyens net)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act.(Commission)
“dependant” means a member of the family of a firefighter or former firefighter who was wholly or partly dependent upon their earnings at the time of their death or who, but for the disablement of the firefighter or former firefighter, would have been so dependent.(personne à charge)
“Disability Fund” means the Disability Fund referred to and defined in the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act.(caisse d’indemnisation)
“disablement” means a disability arising from a heart attack or a prescribed disease under the circumstances prescribed in section 5.(invalidité)
“firefighter” means a person who is employed or serves as a firefighter with a municipality or rural community or who serves as a firefighter with a fire brigade that provides fire protection services in a rural district or in a rural community.(pompier)
“loss of earnings” means(perte de gains)
(a) average net earnings, less
(b) the earnings the firefighter or former firefighter is estimated to be capable of earning at a suitable occupation after becoming disabled, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable based on those earnings.
“maximum annual earnings” means the amount set under section 3.(gains annuel maximum)
“member of the family” includes a spouse, parent, grandparent, step-parent, child, grandchild, stepchild, sibling and half-sibling, and a person who stood in the place of a parent whether related to the firefighter or former firefighter by consanguinity or not.(membre de la famille)
“prescribed disease” means a disease prescribed by the regulations.(maladie reconnue)
“prior earnings” means the daily, weekly, monthly or regular remuneration that a firefighter or former firefighter was receiving at the time of the disablement, as may appear to the Commission best to represent the earnings of the firefighter or former firefighter.(gains avant l’invalidité)
“prior net earnings” means prior earnings, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings.(gains net avant l’invalidité )
“rural community” includes a regional municipality.(communauté rurale)
“spouse” means a person who, at the time of the death of the firefighter or former firefighter,(conjoint)
(a) was married to and was cohabiting with the firefighter or former firefighter, or
(b) was not married to but was cohabiting with the firefighter or former firefighter in a conjugal relationship and had, immediately before the death of the firefighter or former firefighter, been cohabiting
(i) for not less than 3 years, or
(ii) for not less than one year if a child of whom the person and the firefighter or former firefighter are the natural parents had been or is to be born.
If a firefighter or former firefighter is paid a sum of money to cover any special expenses imposed on them by the nature of their employment, that sum shall not be included as part of the firefighter or former firefighter’s earnings. 2025, c.9, s.1
2024, c.25, s.1
The maximum annual earnings shall be set by the Commission as of the first day of January of each year and shall be an amount equal to one and one-half times the New Brunswick Industrial Aggregate Earnings.
On and after July 1, 2024, the reference to “one and one-half times” in subsection (1) shall be read as a reference to “1.6 times”.
Despite subsection (1), the maximum annual earnings set by the Commission under subsection (1) on January 1, 2024, shall be recalculated by the Commission for the period from July 1, 2024, to December 31, 2024, inclusive, using an amount equal to 1.6 times the New Brunswick Industrial Aggregate Earnings.
If a firefighter or former firefighter is a volunteer, the average earnings of the firefighter or former firefighter shall be the same as in their regular employment or occupation, but in no case shall the average earnings exceed the maximum annual earnings. 2025, c.9, s.1
2025, c.9, s.1
A firefighter or former firefighter or their dependants are entitled to compensation or benefits in accordance with this Act if
(a) the firefighter is disabled by or dies from a heart attack that occurs within 24 hours after attendance at an emergency response scene in their capacity as a firefighter, or
(b) the firefighter or former firefighter is disabled by or dies from a prescribed disease, and
(i) has served as a firefighter for a minimum period prescribed by regulation, and
(ii) has been regularly exposed to the hazards of a fire scene in their capacity as a firefighter, other than a forest fire scene, throughout that period of service.
No compensation or benefits shall be provided under this Act unless it is first determined by the Commission that the firefighter or former firefighter or their dependants are not eligible to receive compensation or benefits under the Workers’ Compensation Act in respect of the disablement or death.
A firefighter or former firefighter or a dependant who is entitled to compensation or benefits under this Act shall file a claim with the Commission in the form required by the Commission.
A claim shall be accompanied by
(a) a certificate of the attending medical practitioner as to the disability or death of the firefighter or former firefighter or as to the existence of the heart attack or prescribed disease in the case of a claim for aid under section 38, and
(b) such other documentation to verify the applicant’s eligibility for compensation or benefits, as may be required by the Commission.
2025, c.9, s.1
A firefighter or former firefighter or a dependant, if they would have been entitled to make a claim for compensation or benefits on or after November 30, 2007, but could not do so because this Act had not yet received Royal Assent, shall make a claim for compensation or benefits within one year after the date that this Act receives Royal Assent.
2025, c.9, s.1
A firefighter or former firefighter who claims compensation or benefits, or to whom compensation is payable or benefits are provided under this Act, shall, when requested by the Commission, present for examination by one or more medical practitioners chosen by the Commission.
A medical practitioner who examines a firefighter or former firefighter by direction of the Commission shall report to the Commission on the condition of the firefighter or former firefighter and their fitness for employment, specifying where necessary the kind of employment and if unfit, the cause of such unfitness.
A medical practitioner who examines a firefighter or former firefighter shall provide a copy of the report to the firefighter’s or former firefighter’s attending medical practitioner.
2024, c.25, s.1
If a disablement results in a loss of earnings beyond one day, the Commission shall estimate the loss of earnings of the firefighter or former firefighter and shall, subject to this Act, pay compensation to them in an amount equal to 85% of the estimated loss of earnings.
On and after July 1, 2024, the reference to “85%” in subsection (1) shall be read as a reference to “90%”.
Repealed: 2009, c.58, s.2 2009, c.58, s.2Repealed: 2009, c.58, s.2 2009, c.58, s.2
2024, c.25, s.1
The Commission shall pay to a firefighter or former firefighter only that portion of compensation which, when combined with the amount of any remuneration received by the firefighter or former firefighter from their employer or from any employment-related source or any income replacement or supplement benefit from any source does not exceed 85% of the firefighter’s or former firefighter’s prior net earnings calculated for the same period of time as that during which compensation is paid.
On and after July 1, 2024, the reference to “85%” in subsection (1) shall be read as a reference to “90%”.
2025, c.9, s.1
The Commission shall review the compensation being paid for loss of earnings each year as of the anniversary date of the disablement and shall adjust the compensation on the basis of
(a) the firefighter’s or former firefighter’s average earnings previously determined by the Commission, increased by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings, less any income tax, premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings, as increased, less
(b) the earnings it is estimated the firefighter or former firefighter is then capable of earning at a suitable occupation less any income tax, premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable based on those earnings.
For the purposes of section 12, at the time a review is conducted under subsection (1), the firefighter’s or former firefighter’s prior net earnings shall be adjusted by increasing their prior earnings previously determined by the Commission by the annual percentage increase in the New Brunswick Industrial Aggregate Earnings and subtracting any income tax, premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings as increased.
2018, c.18, s.1; 2025, c.9, s.1
The Commission shall pay compensation to a firefighter or former firefighter until the earliest of the following events:
(a) the loss of earnings resulting from the disablement ceases;
(b) the firefighter or former firefighter attains the age of 65 years;
(c) the occurrence of a personal intervening condition not related to the disablement that has become the dominant cause of the firefighter’s or former firefighter’s inability to return to work or participate in rehabilitation; or
(d) the occurrence of any circumstance not related to the disablement that has become the dominant cause of the firefighter’s or former firefighter’s inability to return to work or participate in rehabilitation.
Notwithstanding subsection (1), if a firefighter or former firefighter is 63 years of age or more at the commencement of their loss of earnings, the Commission shall provide compensation for a period not exceeding 2 years following the commencement of their loss of earnings.
2025, c.9, s.1
In recognition of loss of opportunity, the Commission shall pay to a firefighter or former firefighter a lump sum amount for a permanent physical impairment arising out of a disablement, calculated in accordance with the Guides to the Evaluation of Permanent Impairment, published by the American Medical Association, as amended from time to time.
The amount shall not be less than $500 and not more than the maximum annual earnings.
2025, c.9, s.1
Any compensation or benefits payable by the Commission under this Act to a firefighter or former firefighter shall be reduced by the same proportion of the amount they receive under the Canada Pension Plan Act (Canada) with respect to the disablement that the estimated loss of earnings bears to the average net earnings.
If a firefighter or former firefighter receives a retroactive payment under the Canada Pension Plan Act (Canada) with respect to the disablement and the compensation paid by the Commission under this Act has not been reduced under subsection (1) and if the firefighter or former firefighter assigns the payment to the Commission and subsequently pays income tax on the amount assigned, the Commission shall reimburse an amount from the Disability Fund that, in the opinion of the Commission, is equivalent to the income tax paid on the amount assigned.
2025, c.9, s.1
If a firefighter or former firefighter is entitled to compensation and an order has been made against them by a court of competent jurisdiction in this Province or in any other province or territory of Canada for the maintenance of their spouse, child or other dependant, the Commission may divert the payment of compensation, in whole or in part, from the firefighter or former firefighter for the benefit of the spouse, child or other dependant.
If a firefighter or former firefighter is entitled to compensation and is incarcerated, the Commission may divert the payment of compensation, in whole or in part, for the benefit of a dependant during the period of the incarceration.
The Commission may in its discretion diminish the compensation to which a firefighter or former firefighter is entitled or suspend payment of the compensation in any of the following circumstances: 2018, c.18, s.1
(a) the firefighter or former firefighter does not attend or participate in an examination when required to do so by the Commission or obstructs the examination;
(b) the firefighter or former firefighter does not attend or participate in medical treatment or a rehabilitation program when the Commission considers it necessary for the firefighter’s or former firefighter’s treatment or rehabilitation; or
(c) the firefighter or former firefighter persists in dangerous and unsanitary practices imperilling or impeding the rehabilitation of the firefighter or former firefighter.
2016, c.48, s.17; 2025, c.9, s.1
If compensation is paid to a firefighter or former firefighter under this Act for a period exceeding 24 consecutive months, the Commission shall, beginning in the twenty-fifth month, set aside an amount equal to 10% of the compensation paid from that date and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the firefighter or former firefighter at the age of 65 years.
An amount set aside under subsection (1) shall be set aside in the reserves of the Commission in a separate fund to be known as the Firefighters’ Pension Fund and shall be administered by the Commission.
The rate of return, whether positive or negative, shall be assumed to have been applied quarterly to the amount credited to each firefighter’s or former firefighter’s account in the Firefighters’ Pension Fund and the rate of return, whether positive or negative, shall be the average yield rate of the investment portfolio of the Firefighters’ Pension Fund during each quarter.
An amount set aside under subsection (1) shall not be deducted from the compensation paid to the firefighter or former firefighter but shall be an amount which the Commission shall set aside over and above the compensation payable to the firefighter or former firefighter.
If a firefighter or former firefighter is entitled to a pension under subsection (1) and the amount set aside for a purchase of an annuity in accordance with the regulations would be less than 60% of the New Brunswick Industrial Aggregate Earnings, the Commission may, instead of that pension, pay to the firefighter or former firefighter at the age of 65 years the accumulated capital and the return, whether positive or negative, on the accumulated capital.
If a firefighter or former firefighter dies before attaining the age of 65 years, any amount set aside in the reserves of the Commission for the purpose of providing the firefighter or former firefighter with a pension, together with the return, whether positive or negative, on the amount shall, subject to subsection (8), be divided equally among their surviving dependants.
If a spouse has the care of a dependent child of the firefighter or former firefighter, that child’s share shall be given to the spouse.
If a firefighter or former firefighter has no surviving dependants, the amount remaining shall be deposited to the credit of the Disability Fund.
The pension is in addition to any benefit provided under the Canada Pension Plan Act (Canada) and the Old Age Security Act (Canada).
If a firefighter or former firefighter who meets the requirements of section 5 dies as a result of the heart attack or prescribed disease, the Commission shall pay to the estate 2015, c.24, s.1
(a) an amount equal to 40% of the New Brunswick Industrial Aggregate Earnings to assist with necessary expenses of death such as burial,
(a.1) an amount equal to 50% of the New Brunswick Industrial Aggregate Earnings, and
(b) a further sum for the necessary expenses of transportation if, owing to the circumstances of the case, the body of the firefighter or former firefighter is transferred for a considerable distance for burial.
2025, c.9, s.12025, c.9, s.1
If a firefighter or former firefighter who meets the requirements of section 5 dies as a result of a heart attack or prescribed disease on or after July 1, 2025, benefits are payable to their dependants in accordance with this section.
If a firefighter or former firefighter is survived by a dependent spouse, the Commission shall pay to that spouse, up to the age of 65 years, benefits equal to 90% of the firefighter or former firefighter’s average net earnings, based on their average earnings as determined by the Commission.
The Commission shall review the benefits payable to a surviving dependent spouse under subsection (2) each year as of the anniversary date of the death of the firefighter or former firefighter, and for the purposes of that review, the average earnings of the firefighter or former firefighter as previously determined by the Commission shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
If there is a dependent child of the firefighter or former firefighter and the surviving dependent spouse is unable or unwilling to care for the child, the surviving dependent spouse subsequently dies, or the firefighter or former firefighter leaves no surviving dependent spouse, the Commission shall pay benefits to the guardian of the child as follows:
(a) for a child up to but not including 7 years of age, an amount equal to 10% of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of 7 years of age up to and including 13 years of age, an amount equal to 12.5% of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of 14 years of age up to and including 17 years of age, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of 18 years of age up to and including 21 years of age, if that child is attending school on a full-time basis, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
Adjustments in the benefits payable under subsection (4) due to a change in the child’s age shall become effective the month following the child’s birthday month.
If benefits are payable for a child of 16 years of age or more under subsection (4), the Commission in its discretion may pay the benefits in whole or in part directly to the child.
The Commission shall pay benefits for a surviving dependent child who is physically or mentally incapable of earning, without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (4), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependant.
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependant, on a scale determined by the Commission, having regard to the scale of payments set out in this section, and
(b) for the period that, in the opinion of the Commission, it might reasonably have been expected that the firefighter or former firefighter would have continued to contribute to the support of the dependant, had the firefighter or former firefighter lived.
2025, c.9, s.12025, c.9, s.1
If a firefighter or former firefighter to whom section 21 applies is survived by a dependent spouse, the Commission shall pay to that spouse for one year or to the age of 65 years, whichever occurs first, benefits equal to 80% of the firefighter’s or former firefighter’s average net earnings, based on their average earnings as determined by the Commission.
On and after July 1, 2025, the reference to “80%” in subsection (1) shall be read as a reference to “85%”.
If there is a dependent child of the firefighter or former firefighter and the surviving dependent spouse is unable or unwilling to care for the child, if the surviving dependent spouse dies before an election is made under section 23 or if the firefighter or former firefighter leaves no surviving dependent spouse, the Commission shall pay benefits to the guardian of the child as follows:
(a) for a child up to but not including 7 years of age, an amount equal to 10% of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of 7 years of age up to and including 13 years of age, an amount equal to 12.5% of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of 14 years of age and up to and including 17 years of age, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of 18 years of age and up to and including 21 years of age, if that child is attending school on a full-time basis, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
Adjustments in the benefits payable under subsection (2) due to a change in the child’s age are effective the month following the child’s anniversary month.
If benefits are payable for a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
The Commission shall pay benefits for a surviving dependent child who is physically or mentally incapable of earning without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (2), but the yearly amount paid shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependant.
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependant, on a scale to be determined by the Commission, having regard to the scale of payments set out in this section, and
(b) only so long as, in the opinion of the Commission, it might reasonably have been expected, had the firefighter or former firefighter lived, they would have continued to contribute to the support of the dependant.
2025, c.9, s.12025, c.9, s.1
Before a spouse makes an election under this section, the Commission shall pay for independent financial advice to be given to the spouse with respect to the election, up to a maximum amount as determined by resolution of the Commission.
If a spouse is unable or unwilling to make an election within the period referred to in subsection (2), the Commission may extend the period of time within which the election may be made, but if an election is not made within such further period of time, the Commission may, upon a consideration of the circumstances of the spouse and other dependants of the firefighter or former firefighter, make an election in place of the spouse that, in its opinion, it considers to be the most beneficial for the spouse and the other dependants and such election shall be deemed to be an election by the spouse.
An election under this section is irrevocable and shall be deemed to be effective as of the anniversary date one year after the date of death of the firefighter or former firefighter.
If an election is made by a surviving dependent spouse or the Commission under this section, all other dependants of the firefighter or former firefighter shall be deemed to have made the same election.
2025, c.9, s.12025, c.9, s.1
The following definitions apply in this section.
“net family income” means the aggregate of (revenu familial net)
(a) the average net earnings of the firefighter or former firefighter, and
(b) the earnings of the new spouse, if any, not exceeding the maximum annual earnings, at the time of the award or review of benefits under this section, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) payable by the new spouse based on those earnings.
“new spouse” means a person(nouveau conjoint)
(a) who marries and is cohabiting with a surviving dependent spouse, or
(b) who is cohabiting with a surviving dependent spouse in a conjugal relationship.
If a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to that spouse up to the age of 65 years, subject to subsection (3), benefits equal to 85% of the firefighter’s or former firefighter’s average net earnings, based on their average earnings as determined by the Commission.
If the payment of the full benefit under subsection (2) would, when combined with
(a) the earnings, not exceeding the maximum annual earnings, of the new spouse, if any, at the time of the award or review of benefits under this section, less
(b) any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that are payable by the new spouse, if any, on those earnings,
Benefits awarded to a surviving dependent spouse shall be reviewed each year as of the anniversary date of the death of the firefighter or former firefighter and for the purposes of this review the average earnings of the firefighter or former firefighter, as previously determined by the Commission, shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
The Commission may withhold benefits until the surviving dependent spouse provides the Commission with the information necessary to calculate the benefits payable under this section.
If there is a dependent child of the firefighter or former firefighter and the surviving dependent spouse is unable or unwilling to care for the child or the surviving dependent spouse subsequently dies, the Commission shall pay benefits to the guardian of the child as follows:
(a) for a child up to but not including 7 years of age, an amount equal to 10% of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of 7 years of age up to and including 13 years of age, an amount equal to 12.5% of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of 14 years of age up to and including 17 years of age, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of 18 years of age up to and including 21 years of age, if that child is attending school on a full-time basis, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
Adjustments in the benefits payable under subsection (6) due to a change in the child’s age are effective the month following the child’s anniversary month.
If benefits are payable for a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
The Commission shall pay benefits for a surviving dependent child who is physically or mentally incapable of earning without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments laid down in subsection (6), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependant.
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependant, on a scale to be determined by the Commission, having regard to the scale of payments set out in this section, and
(b) only so long as, in the opinion of the Commission, it might reasonably have been expected, had the firefighter or former firefighter lived, they would have continued to contribute to the support of the dependant.
2025, c.9, s.12025, c.9, s.1
If a surviving dependent spouse elects to receive benefits under this section, the Commission shall pay to the spouse
(a) as soon as practicable after the election is effective, a lump sum payment equal to 60% of the net annual income of the firefighter or former firefighter, as determined by the Commission,
(b) up to the age of 65 years, an amount equal to 60% of the firefighter’s or former firefighter’s average net earnings, based on their average net earnings as determined by the Commission, and
(c) an amount under subsection (3) in respect of each dependent child.
On and after July 1, 2025, the reference to “60%” in paragraph (1)(b) shall be read as a reference to “65%”.
The Commission shall review the benefits payable to a spouse under paragraph (1)(b) each year as of the anniversary date of the death of the firefighter or former firefighter and, for the purposes of the review, the average earnings of the firefighter or former firefighter as previously determined by the Commission shall be adjusted in accordance with the percentage increase in the New Brunswick Industrial Aggregate Earnings.
The benefits payable to a surviving dependent spouse in respect of a dependent child shall be as follows:
(a) for a child up to but not including 7 years of age, an amount equal to 10% of the New Brunswick Industrial Aggregate Earnings;
(b) for a child of 7 years of age and up to and including 13 years of age, an amount equal to 12.5% of the New Brunswick Industrial Aggregate Earnings;
(c) for a child of 14 years of age and up to and including 17 years of age, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings; and
(d) for a child of 18 years of age and up to and including 21 years of age, if that child is attending school on a full-time basis, an amount equal to 15% of the New Brunswick Industrial Aggregate Earnings, and such other supplements as the Commission may award.
If the surviving dependent spouse is unable or unwilling to care for a dependent child of the firefighter or former firefighter or the spouse subsequently dies, the benefits referred to in subsection (3) are payable to the guardian of the child.
Adjustments in the benefits payable in respect of a dependent child due to a change in the child’s age are effective the month following the child’s anniversary month.
If benefits are payable in respect of a child of 16 years of age or more, the Commission may pay the benefits, in whole or in part, directly to the child.
The Commission shall pay benefits for a surviving dependent child who is physically or mentally incapable of earning without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (3), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependant.
(a) at a rate reasonable and proportionate to the pecuniary loss to the dependant, on a scale to be determined by the Commission, having regard to the scale of payments laid down in this section, and
(b) only so long as, in the opinion of the Commission, it might reasonably have been expected, had the firefighter or former firefighter lived, they would have continued to contribute to the support of the dependant.
2016, c.48, s.17; 2025, c.9, s.1
If benefits are paid to a surviving dependent spouse under subsection 20.1(2), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to 10% of the benefits paid to the spouse under that subsection, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.
If benefits are paid to a surviving dependent spouse under subsection 24(2), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to 5% of the benefits paid to the spouse under that subsection, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.
Despite subsection (1), on and after July 1, 2025, the Commission shall set aside an amount equal to 10% of the benefits paid to a surviving dependent spouse under subsection 24(2) on and after that date, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.
If benefits are paid to a surviving dependent spouse under subsection 25(1), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to 8% of the benefits paid to the spouse under that subsection and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.
Despite subsection (2), on and after July 1, 2025, the Commission shall set aside an amount equal to 10% of the benefits paid to a surviving dependent spouse under subsection 25(1) on and after that date, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.
Subsections (1) and (1.1) apply with the necessary modifications to benefits paid under subsection 22(1) to a surviving dependent spouse who elects to receive benefits under subsection 24(2), except that when an election is made, the amount shall be set aside as soon as practicable after the election is effective.
Subsections (2) and (2.1) apply with the necessary modifications to benefits paid under subsection 22(1) to a surviving dependent spouse who elects to receive benefits under subsection 25(1), except that when an election is made, the amount shall be set aside as soon as practicable after the election is effective.
On and after July 1, 2025, the reference to “5%” in subsection (5) shall be read as a reference to “10%”.
An amount set aside under this section shall be set aside in the reserves of the Commission in a separate fund to be known as the Firefighters’ Pension Fund and shall be administered by the Commission.
If a surviving dependent spouse is entitled to a pension and the amount set aside for a purchase of an annuity in accordance with the regulations would be less than 60% of the New Brunswick Industrial Aggregate Earnings, the Commission may, instead of that pension, pay the accumulated capital and the return, whether positive or negative, on the accumulated capital to the spouse at the age of 65 years.
If a surviving dependent spouse dies before attaining the age of 65 years, any amount set aside in the reserves of the Commission for the purpose of providing the spouse with a pension at the age of 65 years together with the return, whether positive or negative, on the amount shall be divided equally among the surviving dependants of the spouse.
If a surviving dependent spouse has no surviving dependants at the time of their death, the amount remaining shall be deposited to the credit of the Disability Fund.
The pension provided under this section is in addition to any benefit provided under the Canada Pension Plan Act (Canada) and the Old Age Security Act (Canada).
If there are both total and partial dependants, the Commission may allot the benefits partly to the total and partly to the partial dependants as it considers just and equitable.
The Commission may require such proof of the existence and condition of dependants in receipt of benefits payments as it considers necessary.
2025, c.9, s.1
In no case shall the total benefits paid to all dependants of a firefighter or former firefighter exceed the compensation that would have been payable to the firefighter or former firefighter had they been totally unable to work if they had survived.
When a person is paid or is entitled to be paid benefits under this Act in respect of the death of a firefighter or former firefighter and subsequently becomes entitled to be paid benefits under this Act in respect of the death of another firefighter or former firefighter or is paid or entitled to be paid benefits or subsequently becomes entitled to be paid benefits under the Workers’ Compensation Act in respect of the death of a worker as defined in that Act, that person shall be paid only the greater of the benefit payments that the person is entitled to be paid under this Act or the Workers’ Compensation Act.
The compensation and benefits provided under this Act and the administrative expenses of the Commission shall be paid out of a fund to be called the Disability Fund.
The Commission may fix the frequency of payment of compensation or benefits in each case.
The Commission may
(a) commute the whole or any part of the payments due or payable to any firefighter or former firefighter or dependant for a lump sum,
(b) substitute for such payments any other scheme of periodical payments, or
(c) substitute for any lump sum a scheme of periodical payments considered to be most expedient in the interest of the firefighter or former firefighter or dependant.
The Commission may make payments of compensation or benefits in such manner and form as appears to the Commission to be the most convenient.
2025, c.9, s.1The Commission may, in the case of a person who is mentally incapable of managing their financial affairs, make payments to a person that, in the opinion of the Commission, is best qualified in the circumstances to administer the payments, whether or not the person to whom the payment is made is the legal guardian of the person who is incapable of managing their financial affairs. 2025, c.9, s.1
Unless with the approval of the Commission, no sum payable as compensation or by way of commutation of any periodical payment in respect of it is capable of being assigned or seized, and it shall not pass by operation of law except to a personal representative.
2025, c.9, s.1
In this section “aid” includes dental services, chiropractic services, nursing services, artificial members and apparatus, including their repair and replacement, transportation, clothing allowances with respect to damage caused to clothing as a result of the use of an artificial member or apparatus, and any other treatment or service, but does not include treatment or services provided under the Medical Services Payment Act or the Hospital Services Act.
This section applies to a firefighter or former firefighter
(a) who is entitled to compensation under section 10, or
(b) who, though not entitled to compensation under section 10,
(i) has had a heart attack within 24 hours after attendance at an emergency response scene in their capacity as a firefighter, or
(ii) has a prescribed disease and meets the requirements of subparagraphs 5(1)(b)(i) and (ii).
The Commission shall furnish or arrange aid for a firefighter or former firefighter that may be required as a result of the heart attack or prescribed disease and shall determine all questions as to the necessity, character and sufficiency of any aid furnished or arranged under this Act.
A firefighter or former firefighter referred to in paragraph (2)(b) shall make a claim for aid within one year after meeting the requirements under paragraph (2)(b).
A firefighter or former firefighter referred to in paragraph (2)(b), if they would have been entitled to make a claim for aid on or after November 30, 2007, but could not do so because this Act had not yet received Royal Assent, shall make a claim for aid within one year after the date that this Act receives Royal Assent.
2025, c.9, s.1
No person shall charge fees for aid that are more than that which would be properly or reasonably charged to a firefighter or former firefighter if they were paying the bill.
The Commission shall fix the amount payable for aid and no action for any amount larger than that fixed by the Commission lies in respect of any aid provided.
No action for the recovery of fees for aid may be brought against the Commission unless an application for payment is made in writing to the Commission within 90 days after the aid has been completely rendered.
To assist a disabled firefighter or former firefighter to get back to work and to assist in lessening or removing any handicap resulting from their disability, the Commission may take such measures as it considers necessary or expedient.
2025, c.9, s.1
In this section, “suitable employment” means appropriate employment that a firefighter, employed as such, who has a disablement is capable of doing, considering their physical abilities and employment qualifications and which does not endanger their health, safety or physical well-being.
No municipality or rural community that employs a person as a firefighter shall dismiss, suspend, lay off, penalize, discipline or discriminate against them because they have a disablement in respect of which they are, in the opinion of the Commission, entitled to make a claim for compensation under this Act, from the date of the disablement to the later of
(a) the date the Commission renders its decision with respect to the claim for compensation, or
Subject to subsection (5), if the person employed as a firefighter
(a) has a disability in respect of which they were entitled to compensation under this Act,
(b) had been, on the commencement of a period in which they were entitled to compensation under this Act with respect to that disability, employed by the municipality or rural community for a period of at least one year, and
(c) is, in the opinion of the Commission, able to resume work,
(d) permit the person to resume work in the position they held immediately before the commencement of the period in respect of which the person was entitled to compensation under this Act or in an equivalent position, with no decrease in pay and with no loss of seniority or benefits accrued up to the commencement of that period, or
(e) permit the person to resume work in suitable employment that may become available with the municipality or rural community with no loss of seniority or benefits accrued up to the commencement of the period referred to in paragraph (d), if, in the opinion of the Commission, the person is unfit for a position within the meaning of paragraph (d).
If a person who is permitted to resume work in accordance with paragraph (3)(d) or (e), as the case may be, refuses to do so, the municipality or rural community is no longer bound by the requirements under that paragraph.
A municipality or rural community is bound by the requirements under subsection (3) for a period of 2 years.
If this section affords a person employed as a firefighter greater rights than those available to them under a collective agreement with the municipality or rural community or under the policies and practices of the municipality or rural community, this section prevails over the collective agreement or the policies and practices.
The provisions of section 41 shall be deemed to be provisions of Part III of the Employment Standards Act and shall be enforced in accordance with that Act as if they were provisions of that Act.
Any person who believes that a municipality or rural community has violated or failed to comply with the provisions of section 41 may make a complaint in accordance with Part V of the Employment Standards Act.
Sections 4 and 8 of the Employment Standards Act do not apply with respect to a complaint made by a person in accordance with subsection (2).
Any order issued with respect to a complaint made by a person under subsection (2) may be enforced in accordance with the provisions of the Employment Standards Act.
2025, c.9, s.1
A person who has been appointed a Worker’s Advocate under the Workers’ Compensation Act may act as an advocate for a firefighter or former firefighter or any dependant of the firefighter or former firefighter in respect of any claim for compensation or benefits under this Act.
An advocate may examine all files, records and other material of the Commission that relate to the claim.
2025, c.9, s.1
A person who has been appointed an Employer’s Advocate under the Workers’ Compensation Act may act as an advocate for a municipality or rural community in respect of any claim being advanced for compensation or benefits by a firefighter employed or serving with the municipality or rural community, or by the firefighter’s dependant, and in respect of any concerns of the municipality or rural community relating to assessments.
An advocate may examine all files, records and other material of the Commission that relate to that municipality or rural community or to the claim.
2012, c.39, s.73; 2020, c.25, s.55; 2021, c.44, s.42; 2023, c.17, s.94; 2023, c.40, s.18
For each year commencing 2010 up to and including 2014, the Commission shall, on or before the first day of February in each year and subject to subsection (5), make an estimate of the assessment necessary to provide funds for
(a) the cost of all claims for compensation and benefits incurred during the year,
(b) the estimated future cost of the claims and benefits in paragraph (a) payable during subsequent years, and
(c) such sum as the Commission considers appropriate for the administrative expenses of the Commission.
An assessment under subsection (1) may be adjusted to account for an excess or deficiency in the assessment made for a previous year.
In the event the Commission incurs a liability because of potential claims for compensation or benefits by firefighters or former firefighters who have been exposed to the hazards of a fire scene as provided under paragraph 5(1)(b), the Commission shall take such steps as are necessary to assess, levy and collect, over a period of 20 years from the time the liability is incurred, sufficient funds to fund the liability.
The Commission shall, subject to subsection (5), annually levy each municipality and rural community that has its own fire brigade, and the Crown in right of the Province on behalf of each rural district and rural community in which there is a fire brigade for which the Minister is responsible, the same flat amount in respect of each person who is employed or serves as a firefighter with the municipality or rural community or who serves in a fire brigade for which the Minister is responsible.
The total amount levied per person in any year shall not exceed the amount prescribed by regulation.
The Commission shall
(a) send to each municipality and rural community that has its own fire brigade an invoice indicating the amount levied under this section in relation to the municipality or rural community, and
(b) send to the Minister of Local Government an invoice indicating the amount levied under this section in relation to each rural district and rural community in which there is a fire brigade for which the Minister is responsible.
The amount indicated on an invoice under subsection (6) is a debt due and payable to the Commission by the municipality or rural community named in the invoice or by the Crown in right of the Province, as the case may be.
Where any portion of the amount indicated on an invoice under subsection (7) remains outstanding after 60 days after the date of the invoice, a penalty is payable on the outstanding amount at the rate applied to determine the penalty payable under subsection 10(3) of the Real Property Tax Act.
The Commission shall ensure that an actuarial review is conducted between January 2014 and September 2014, and at least once every 5 years thereafter, for the purposes of assisting the Commission in determining and meeting its obligations under this Act.
2012, c.39, s.73; 2020, c.25, s.55; 2021, c.44, s.42; 2023, c.17, s.94; 2023, c.40, s.18
For the year 2015 and each year thereafter, the Commission shall, on or before the first day of February in each year, make an estimate of the assessment necessary to provide funds sufficient to meet
(a) the estimated cost of all claims for compensation and benefits likely to be incurred during the year,
(b) the estimated future cost of the claims and benefits in paragraph (a) payable during subsequent years, and
(c) such sum as the Commission considers appropriate for the administrative expenses of the Commission.
An assessment under subsection (1) may be adjusted to account for an excess or deficiency in the assessment made for a previous year.
In the event the Commission incurs a liability because of potential claims for compensation or benefits by firefighters or former firefighters who have been exposed to the hazards of a fire scene as provided under paragraph 5(1)(b), the Commission shall take such steps as are necessary to assess, levy and collect, over a period of 20 years from the time the liability is incurred, sufficient funds to fund the liability.
The Commission shall annually levy each municipality and rural community that has its own fire brigade, and the Crown in right of the Province on behalf of each rural district and rural community in which there is a fire brigade for which the Minister is responsible, the same flat amount in respect of each person who is employed or serves as a firefighter with the municipality or rural community or who serves in a fire brigade for which the Minister is responsible.
The Commission shall
(a) send to each municipality and rural community that has its own fire brigade an invoice indicating the amount levied under this section in relation to the municipality or rural community, and
(b) send to the Minister of Local Government an invoice indicating the amount levied under this section in relation to each rural district and rural community in which there is a fire brigade for which the Minister is responsible.
The amount indicated on an invoice under subsection (5) is a debt due and payable to the Commission by the municipality or rural community named in the invoice or by the Crown in right of the Province, as the case may be.
Where any portion of the amount indicated on an invoice under subsection (6) remains outstanding after 60 days after the date of the invoice, a penalty is payable on the outstanding amount at the rate applied to determine the penalty payable under subsection 10(3) of the Real Property Tax Act.
The Commission has jurisdiction to inquire into, hear and determine all matters and questions of fact and law necessary to be determined in connection with compensation payments, the provision of benefits, the administration of payments and the collection and management of the funds for those purposes.
No decision or ruling of the Commission is binding upon it as a precedent for any other decision or ruling, and each case shall be decided upon its own merits.
An action or decision of the Commission is final and conclusive and shall not be open to question or review in any court, and no proceedings by or before the Commission shall be restrained by injunction or other process or proceeding in any court.
(a) the existence of, and degree of, disability by reason of having a heart attack or prescribed disease,
(b) the entitlement of a firefighter or former firefighter to compensation or benefits,
(c) the permanence of a disability by reason of having a heart attack or prescribed disease,
(d) the amount of average earnings, average net earnings, loss of earnings, net family income and an amount for a permanent physical impairment arising out of a disability by reason of having a heart attack or prescribed disease,
(e) the degree of diminution of earning capacity by reason of having a heart attack or prescribed disease,
(f) the existence of the relationship of a member of the family, and
(g) the existence of dependency.
The decisions of the Commission shall be upon the real merits of the case, and it is not bound to follow strict legal precedent.
The Commission may reopen, rehear, redetermine, review or readjust any claim, decision or adjustment, either because a disablement has proven more serious than it was considered to be, or because a change has occurred in the condition of a firefighter or former firefighter or in the number, circumstances or conditions of dependants, or otherwise.
The Commission has the same powers as The Court of King’s Bench of New Brunswick for compelling the attendance of witnesses and of examining them under oath, and compelling the production of books, papers, documents and things. 2023, c.17, s.94
2025, c.9, s.1
The Commission may appoint any member, officer or other person to make any inquiry that it considers necessary.
The Commission may act on the report made by a person appointed under subsection (1).
The Commission may, for the purposes of assessing claims for compensation or benefits under this Act, use any information supplied to it by any person under the Workers’ Compensation Act.
2012, c.39, s.73; 2020, c.25, s.55; 2021, c.44, s.42; 2023, c.40, s.18; 2025, c.9, s.1
A municipality and a rural community that has its own fire brigade and the Minister of Local Government on behalf of the rural districts and rural communities that have fire brigades for which the Minister is responsible shall keep records of the following:
(a) the name of each firefighter providing fire protection services;
(b) the date of commencement of each firefighter’s service; and
(c) the date upon which each firefighter’s service as a firefighter ceased.
A person who is required to keep such records shall not destroy the records in respect of any firefighter listed in the records until 60 years have passed after the date of the last record kept by the municipality, rural community or the Minister of Local Government for that firefighter.
The fire chief of each fire brigade shall ensure that the name of each firefighter who attended a fire is recorded on the fire reporting form provided by the fire marshal under subsection 7.1(1) of the Fire Prevention Act.
The fire marshal shall keep the information referred to in subsection (3) for a minimum of 60 years.
2012, c.39, s.73; 2020, c.25, s.55; 2023, c.40, s.18
A municipality, rural community and the Minister of Local Government shall provide any of the information referred to in subsection 54(1) to the Commission upon request.
Upon request, the fire marshal shall provide to a firefighter, former firefighter or a dependant or the Commission a list of the fires attended by a firefighter or former firefighter and the dates and places of the fires.
No municipality or rural community, either directly or indirectly, shall deduct from the wages of a firefighter employed by it any part of a sum that the municipality or rural community is or may become liable to pay into the Disability Fund.
2025, c.9, s.1
A medical practitioner shall provide such reports and in such form as is required by the Commission in respect of the disablement and the resulting condition of a firefighter or former firefighter.
A medical practitioner shall give all reasonable and necessary information, advice and assistance to enable a firefighter or former firefighter or their dependants, as the case may be, to make a claim for compensation or benefits and to furnish such evidence as may be required by the Commission.
Every medical practitioner, nurse or nurse practitioner attending, consulted about, or having the care of any firefighter or former firefighter shall provide to the Commission such report as may be required by the Commission in respect of the firefighter or former firefighter.
2012, c.39, s.73; 2020, c.25, s.55; 2023, c.40, s.18
The Commission may issue a certificate under the seal of the Commission embodying the substance of an order, ruling or decision made by it.
The Commission shall, on the application of a municipality or rural community, the Minister of Local Government or a firefighter or former firefighter or dependant interested in an order, ruling or decision of the Commission, issue a certificate under the seal of the Commission embodying the substance of the order, ruling or decision.
A certificate purporting to be signed by an officer of the Commission setting out information from any books, records, documents or files of the Commission in the form of an extract or description shall, in the absence of evidence to the contrary, be admitted in evidence as proof of the facts stated in it without proof of the appointment, authority or signature of the person signing it.
A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has given the person against whom it is to be produced reasonable notice of the intention, together with a copy of the certificate.
A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.
2019, c.16, s.22019, c.16, s.2
On or before January 1, 2020, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken in a manner determined by the Commission.
Within two years after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.
2025, c.9, s.1
The Lieutenant-Governor in Council may make regulations
(a) prescribing diseases for the purposes of paragraph 5(1)(b);
(b) providing for conditions and restrictions that must be met before a firefighter or former firefighter or a dependant may make a claim in respect of a prescribed disease;
(c) establishing minimum periods of service as a firefighter for the purposes of subparagraph 5(1)(b)(i), which periods may vary for different prescribed diseases or categories of diseases;
(d) Repealed: 2025, c.9, s.1
(e) providing for the management of the Firefighters’ Pension Fund and regarding options available to beneficiaries under the plan;
(f) prescribing a maximum amount for the purposes of subsection 45(4).
A regulation or any provision of a regulation made under this section may be made retroactive to any date not earlier than November 30, 2007.
(i) in the portion preceding paragraph (a) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(ii) by adding after paragraph (b) the following:
(i) in paragraph (a) by adding “or the Disability Fund” after “the Accident Fund”;
(ii) in paragraph (b) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;