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Third 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 (JUSTICE FOR VICTIMS OF SERIOUS AUTOMOBILE ACCIDENTS)


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           Section 131 is replaced with the following:

Reimbursement of personal assistance expenses

131(1)      Subject to the regulations, the corporation shall reimburse a victim for expenses that are reasonably necessary or advisable relating to providing personal assistance to a victim, including attendant care, in any residence of a victim or elsewhere, to enable a victim to function and contribute to society or the labour market.

Limitation on regulations

131(2)      A regulation referred to in subsection (1) must not

(a) limit the personal assistance expenses to only those expenses that relate to a victim's personal care or performance of essential activities of everyday life; or

(b) set a monetary limit as to the personal assistance expenses that the corporation shall reimburse to a victim.

3           Section 138 and the Division heading before it are replaced with the following:

ASSISTANCE WITH REHABILITATION AND AFTER REHABILITATION

Assisting victim in rehabilitation and after rehabilitation

138(1)      Subject to the regulations, the corporation shall take all measures that are reasonably necessary or advisable that

(a) contribute to the rehabilitation of a victim;

(b) lessen a disability of a victim that resulted from bodily injury;

(c) facilitate a victim's return to a normal life or reintegration into society or the labour market; and

(d) facilitate a victim's functioning and contributing to society or the labour market after rehabilitation.

Limitation on regulations

138(2)      A regulation referred to in subsection (1) must not set a monetary limit on the measures that the corporation may take for the purposes referred to in subsection (1).

4           Clause 202(l) is amended

(a) by adding "but in accordance with the limitations in subsections 131(2) and 138(2)," after "Division 5 and 6,"; and

(b) by adding ", except for sections 131 and 138," after "reimburse expenses and".

Review and recalculation of expenses from January 1, 2004

5(1)        In order to carry out the retroactive effect of this Act, the corporation must do the following for all victims who, as of the day this Act receives royal assent, are receiving benefits under section 131 or 138:

(a) determine if the victim is entitled to an increased amount for benefits under section 131 or 138 from January 1, 2004, on the basis of the amendments made by this Act being in force on January 1, 2004;

(b) re-calculate the amount payable for

(i) expenses incurred under section 131, or

(ii) monies paid for measures under section 138,

as if the amendments made by this Act were in force on January 1, 2004;

(c) pay to the victim any amount found owing under this subsection.

5(2)        Within one year after the day this Act receives royal assent, the corporation must pay any amount found owing to a victim after a review and recalculation under subsection (1).

Coming into force

6           This Act is deemed to have come into force on January 1, 2004.

Explanatory Note

This Bill makes two significant amendments to The Manitoba Public Insurance Corporation Act as to the benefits that the corporation will allow for victims of automobile accidents:

  • Section 131 is amended to provide for reimbursement of personal assistance expenses, including attendant care, to allow victims to function and contribute to society or the labour market.
  • Section 138 is amended to allow victims to receive assistance for any measures that facilitate their functioning and contributing to society or the labour market, after rehabilitation.

The amendments are retroactive to January 1, 2004, and require the corporation to review its files and compensate existing claimants for any additional amounts they have spent since then that are now covered as a result of the amendments in this Act.