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Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 16

THE MANITOBA PUBLIC INSURANCE CORPORATION AMENDMENT ACT (DENIAL OF BENEFITS FOR OFFENDERS)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P215 amended

1           The Manitoba Public Insurance Corporation Act is amended by this Act.

2(1)        Subsection 79(1) is amended by striking out "dependant of the victim" and substituting "other claimant".

2(2)        Subsection 79(2) is amended by striking out "dependant" in the section heading and wherever it occurs in the subsection and substituting "claimant".

2(3)        The following is added after subsection 79(2):

Death benefit to be reduced

79(2.1)     If a person claiming a lump sum indemnity under Division 3 is convicted, in connection with the accident for which the indemnity is payable, of an offence referred to in subsection 161(1), the corporation shall determine the extent to which the claimant was responsible for the accident, and the lump sum indemnity otherwise payable to him or her under that Division shall be reduced by the amount determined by the following formula:

Reduction = I x D x R/50%

In this formula,

I   is the amount of the indemnity otherwise payable to the claimant under Division 3;

D   is

(a) 100% if the claimant has no dependants when the indemnity becomes payable,

(b) 80% if the claimant has one dependant when the indemnity becomes payable,

(c) 60% if the claimant has two dependants when the indemnity becomes payable,

(d) 40% if the claimant has three dependants when the indemnity becomes payable, or

(e) 20% if the claimant has four or more dependants when the indemnity becomes payable; and

R   is the lesser of 50% and the percentage of responsibility attributed to the claimant by the corporation.

2(4)        Subsection 79(3) is amended by striking out "or (2)" and substituting ", (2) or (2.1)".

3(1)        Subsection 161(1) is amended

(a) in the part before clause (a), by adding "or 4" after "Division 2";

(b) by adding the following after clause (d):

(d.1) section 249.1 (flight from police officer);

(c) by adding the following after clause (g):

(h) section 334 (theft), where the property stolen is a motor vehicle;

(i) subsection 335(1) (take motor vehicle without consent).

3(2)        Subsection 161(2) is amended by adding "or 4" after "Division 2".

3(3)        Subsection 161(3) is replaced with the following:

Income replacement indemnity to be reduced

161(3)      The corporation shall determine the extent to which the victim was responsible for the accident, and the indemnity otherwise payable to him or her under Division 2 in the first 12 months after the accident shall be reduced by the amount determined by the following formula:

Reduction = I x D x R/50%

In this formula,

I   is the amount of the indemnity otherwise payable to the victim under Division 2 in the first 12 months after the accident;

D   is

(a) 100% if the victim has no dependants when the indemnity becomes payable,

(b) 80% if the victim has one dependant when the indemnity becomes payable,

(c) 60% if the victim has two dependants when the indemnity becomes payable,

(d) 40% if the victim has three dependants when the indemnity becomes payable, or

(e) 20% if the victim has four or more dependants when the indemnity becomes payable; and

R   is the lesser of 50% and the percentage of responsibility attributed to the victim by the corporation.

Compensation for permanent impairment to be reduced

161(3.1)    The corporation shall determine the extent to which the victim was responsible for the accident, and the lump sum indemnity otherwise payable to him or her under Division 4 shall be reduced by the amount determined by the following formula:

Reduction = I x R/50%

In this formula,

I   is the amount of the indemnity that would otherwise be payable to the victim under Division 4; and

R   is the lesser of 50% and the percentage of responsibility attributed to the victim by the corporation.

Coming into force

4           This Act comes into force on the day it receives royal assent, and applies to accidents occurring on or after that day.

Explanatory Note

The Manitoba Public Insurance Corporation Act currently limits a person's entitlement to benefits when the person wilfully causes the accident or is convicted of a Criminal Code offence relating to criminal negligence, manslaughter, dangerous operation of a motor vehicle, impaired driving or leaving the scene of an accident.

This Bill expands this list of Criminal Code offences to include offences relating to the theft of a motor vehicle and flight from police.

Under the current Act, if a claimant bears some responsibility for the accident and is convicted of a specified Criminal Code offence, the income replacement indemnity payable in the first year after the accident is reduced. This Bill doubles that reduction, and similarly reduces the following benefits:

  • any lump sum death benefit payable to the claimant as a dependant of a victim; and
  • any permanent injury compensation payable to the claimant.

Except in the case of permanent injury compensation, some relief is provided if the claimant has dependants.