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Third 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 5

THE MANITOBA PUBLIC INSURANCE CORPORATION AMENDMENT ACT (INJURY COMPENSATION APPEAL COMMISSION)


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)        Section 174 is amended

(a) by renumbering it as subsection 174(1); and

(b) by replacing the section heading with "Appeal from review decision".

2(2)        The following is added as subsection 174(2):

Requirements for appeal

174(2)      An appeal of a review decision must be made in writing and must include the claimant's mailing address.

3           Sections 178 and 179 are replaced with the following:

Single commissioner or panel to hear appeal

178(1)      An appeal may be heard by a single commissioner or by a panel of three commissioners.

Assigning commissioners

178(2)      The chief commissioner is responsible for assigning commissioners to hear appeals.  When assigning a panel of commissioners, the chief commissioner must designate one of them as the chairperson.

Assigned commissioners to be present

179(1)      A hearing must not proceed unless the commissioner or commissioners assigned to hear it are present.

Decision of a panel

179(2)      For an appeal heard by a panel, the decision of the majority of the panel is the decision of the commission.  If there is not a majority, the decision of the chairperson of the panel is the decision of the commission.

4           The following is added after section 184:

How notices and orders may be given to appellant

184.1(1)    Under sections 182 and 184, a notice of a hearing, a copy of a decision or a copy of the reasons for a decision must be given to an appellant

(a) personally; or

(b) by sending the notice, decision or reasons by regular lettermail to the address provided by him or her under subsection 174(2), or if he or she has provided another address in writing to the commission, to that other address.

When mailed notice received

184.1(2)    A notice, a copy of a decision or a copy of reasons sent by regular lettermail under clause (1)(b) is deemed to be received on the fifth day after the day of mailing, unless the person to whom it is sent establishes that, acting in good faith, he or she did not receive it, or did not receive it until a later date, because of absence, accident, illness or other cause beyond that person's control.

Coming into force

5           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill allows an appeal to the Automobile Injury Compensation Appeal Commission to be heard by one commissioner or a panel of three.

The Bill requires an appeal to the commission to be made in writing, it also specifies how a notice of hearing or a copy of the commission's decision or reasons is to be given to an appellant.