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5th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 206

THE WORKERS COMPENSATION AMENDMENT ACT (EMPLOYER ADVISERS)


  Bilingual version (PDF) 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. W200 amended

1           The Workers Compensation Act is amended by this Act.

2           Section 61 is amended by adding "or employer adviser" after "worker adviser".

3           Clause 62(d) is amended by adding "or employer adviser" after "worker adviser".

4           The following is added before section 108:

Appointment of employer advisers and staff

107.1(1)    Employer advisers and other employees necessary to enable the employer advisers to carry out their duties effectively shall be appointed or employed as provided in The Civil Service Act.

Duties of employer advisers

107.1(2)    An employer adviser may

(a) give assistance to an employer respecting any claim under this Part of

(i) a worker of the employer, or

(ii) a dependant of such a worker;

(b) on behalf of an employer with respect to whom a worker or dependant has a claim under this Part, communicate with or appear before the board or any board of review or other tribunal established by or under this Act;

(c) advise employers with regard to the interpretation and administration of this Act or any regulations or decisions made under it; and

(d) perform such other duties and functions as the minister requires.

Disclosure by employer adviser

107.1(3)    An employer adviser must not report or disclose to an employer any information obtained from or at the board that would not be disclosed to the employer by the board.

Costs of employer advisers

107.1(4)    All costs reasonably incurred by the government for or in relation to the employer advisers and other employees necessary to enable the advisers to carry out their duties are payable from the accident fund.

Payment from accident fund

107.1(5)    The board must pay to the government out of the accident fund, on the requisition of the Minister of Finance, the amount stated in the requisition as being required to pay the costs referred to in subsection (4).

Coming into force

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

Explanatory Note

The Workers Compensation Act currently provides for the appointment of worker advisers to assist workers and dependants who have claims for compensation. The government's cost of the worker advisor office is recovered by way of a grant payable out of the accident fund, which is funded by employer premiums.

This Bill amends the Act to provide for the appointment of employer advisers to assist employers in relation to claims for compensation by workers or their dependants. The costs associated with employer advisers are to be paid out of the accident fund.