A A A

Fifth 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 31

THE MANITOBA PUBLIC INSURANCE CORPORATION AMENDMENT ACT


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2           Clauses 161(1)(d.1) to (d.4), (h) and (i) are repealed.

3           The following is added after section 161:

No compensation for certain criminal conduct

161.1(1)    If a victim is convicted of an offence described in subsection (3) in respect of the accident for which he or she is receiving compensation under this Part, the corporation

(a) must terminate the victim's compensation in respect of the accident; and

(b) despite sections 153, 190 and 191, is entitled to reimbursement of any amount that has been paid to or in respect of the victim.

Application

161.1(2)    Subsections 189(2) and (3) and section 193 apply to the recovery of the amount to which the corporation is entitled to be reimbursed under clause (1)(b).

Offences

161.1(3)    Under subsection (1), the corporation must terminate compensation and is entitled to be reimbursed if the victim

(a) is convicted under any of the following provisions of the Criminal Code (Canada):

(i) section 249.1 (flight from police officer),

(ii) section 249.2 (criminal negligence causing death while street racing),

(iii) section 249.3 (criminal negligence causing bodily harm while street racing),

(iv) subsection 249.4(1) (dangerous operation while street racing), subsection 249.4(3) (dangerous operation causing bodily harm while street racing) or subsection 249.4(4) (dangerous operation causing death while street racing),

(v) subsection 333.1(1) (motor vehicle theft),

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

(vii) subsection 335(1) (take motor vehicle without consent); or

(b) is convicted in a state or territory of the United States or the District of Columbia in the United States of an offence that is the same as, or similar to, an offence referred to in clause (a).

4           Subsection 189(2) is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) where the victim is convicted of an offence as provided for in section 161.1, within two years after the day of the conviction.

Coming into force

5(1)        Subject to subsection (2), this Act comes into force on the day it receives royal assent and applies in respect of accidents occurring on or after that day.

5(2)        Subclause 161.1(3)(a)(v), as enacted by section 3, comes into force on the same day that subsection 333.1(1) of the Criminal Code (Canada), as enacted by S.C. 2010, c. 14, comes into force.

Explanatory Note

This Bill amends The Manitoba Public Insurance Act to cancel compensation to an accident victim if he or she is convicted of certain criminal offences related to the accident.  MPI is also entitled to reimbursement of the amount paid to the victim before the conviction.

[top of document]