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Second Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 229

THE MANITOBA PUBLIC INSURANCE CORPORATION AMENDMENT ACT (ELIMINATION OF BENEFITS FOR AUTO THIEVES)


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)        The following is added after subsection 79(2.1):

No compensation for accident related to vehicle theft

79(2.2)     No compensation is payable under this Part to a victim or any other claimant who, in connection with the accident for which the compensation would otherwise be payable,

(a) is convicted of an offence under one of the following provisions of the Criminal Code (Canada) or a similar offence in a state or territory of the United States or the District of Columbia in the United States:

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

(ii) subsection 335(1) (take motor vehicle without owner's consent); or

(b) was operating a motor vehicle involved in the accident, knew the vehicle to be stolen or to have been taken without its owner's consent, and is convicted of an offence referred to in subsection 161(1) or a similar offence in a state or territory of the United States or the District of Columbia in the United States.

2(2)        Subsection 79(3) is amended by striking out "(2) or (2.1)" and substituting "(2), (2.1) or (2.2)".

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

Payment may be withheld

79(4)       The corporation may withhold payment of compensation under this Part to a person charged with an offence referred to in subsection (2.2), pending the disposition of the charge.

Entitlement to interest

79(5)       Where an amount has been withheld under subsection (4) from a person who was charged with an offence but is ultimately not convicted of it, the corporation must pay interest to the person on the unpaid portion of the compensation to which the person is entitled, at the prejudgment rate of interest determined under section 79 of The Court of Queen's Bench Act, computed from the day on which the person was entitled to the payment.

3           Clauses 161(1)(h) and (i) are repealed.

Coming into force

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

Explanatory Note

Part 2 of The Manitoba Public Insurance Corporation Act provides for compensation and assistance to people injured in motor vehicle accidents. A person's compensation is reduced if he or she is convicted of certain offences, including vehicle theft, and the accident is partly the person's fault.

This Bill denies benefits under that Part to a person for injuries received in an accident, whether or not the person was at fault, if he or she is convicted of stealing a motor vehicle involved in the accident, or of taking it without the owner's consent.  Benefits are also denied to a person in circumstances where they would otherwise be subject only to a reduction, if the person was operating a motor vehicle that he or she knew to be stolen or taken without consent.