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The Workers Compensation Amendment and Consequential Amendments Act

S.M. 1991-92, c. 36

Bill 59, 2nd Session, 35th Legislature

The Workers Compensation Amendment and Consequential Amendments Act

(Assented to July 26, 1991)

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.

Subsection 1(1) amended

2(1)        Subsection 1(1) is amended

(a) in the definition of "accident",

(i) in clause (a), by striking out "and";

(ii) by repealing clause (c) and substituting the following:

(c) an occupational disease,

(iii) by striking out "disabled" and substituting "injured";

(b) in paragraph (B) in the definition of "employer", by adding "or companion" after "sitter";

(c) by repealing paragraph (C) in the definition of "employer" and substituting the following:

(C) as a companion to attend primarily to the needs of an aged, infirm or ill member of the household;

(d) by repealing the definition "executive officer of a corporation";

(e) by repealing the definition "industrial disease";

(f) by repealing the definition "industry" and substituting the following:

"industry" means an industry set out in section 73 or the regulations; («industrie»)

(g) by repealing the definition "medical aid" and substituting the following:

"medical aid" includes surgical and dental aid, hospital and nursing services, chiropractic, x-ray and other treatment, drugs, dressings, appliances, apparatuses, transportation and other goods and services authorized by the board; («assistance médicale»)

(h) in the definition of "panel", by striking out "60.4(1)" and substituting "60.3(1)";

(i) in the definition of "worker"

(i) in clause (g), by striking out "an executive officer" and substituting "a director";

(ii) in clause (h), by adding "or of a director of a corporation that is the employer" after "an employer";

(iii) in subclause (j)(ii), by adding "or companion" after "sitter";

(iv) by repealing subclause (j)(iii) and substituting the following:

(iii) as a companion to attend primarily to the needs of an aged, infirm or ill member of the household. ("ouvrier")

(j) by adding the following definitions in alphabetical order within the subsection:

"impairment" means a permanent physical or functional abnormality or loss, including disfigurement, that results from an accident; («déficience »)

"industrial average wage" means the industrial average wage as defined in subsection 47(1); («salaire moyen dans l'industrie»)

"maximum annual earnings" means the maximum average annual earnings set under subsection 46(2) or the regulations; («gain annuel maximum»)

"occupational disease" means a disease arising out of and in the course of employment and resulting from causes and conditions

(a) peculiar to or characteristic of a particular trade or occupation; or

(b) peculiar to the particular employment;

but does not include

(c) an ordinary disease of life; and

(d) stress, other than an acute reaction to a traumatic event; («maladie professionnelle»)

"regulation" means a regulation made by the Board of Directors, except where the authority to make the regulation is conferred on the Lieutenant Governor in Council. («règlement»)

Subsection 1(1.1) added

2(2)        The following is added after subsection 1(1):

Restriction on definition of "accident"

1(1.1)      The definition of "accident" in subsection (1) does not include any change in respect of the employment of a worker, including promotion, transfer, demotion, lay-off or termination.

Subsection 1(3) amended

2(3)        Subsection 1(3) is amended

(a) by striking out "The definition "worker"" and substituting "The definition of "worker"";

(b) in clause (a), by striking out "an executive officer" and substituting "a director";

(c) by repealing clause (b) and substituting the following:

(b) a member of the family of an employer or director of a corporation who

(i) is employed by the employer or the corporation, and

(ii) lives with the employer or director as a member of his or her household,

unless an application by the employer or corporation is approved by the board under subsection 74(4);

Clause 1(7)(d) added

2(4)        Subsection 1(7) is amended by adding the following after clause (c):

(d) in the case of a casual emergency worker to whom clause (4)(a) or (d) applies, while the person is participating in a training program requested or approved by the municipality.

Subsection 1(12) rep. and sub.

2(5)        Subsection 1(12) is repealed and the following is substituted:

Deemed date of accident re occupational disease

1(12)       Where an impairment or loss of earnings of a worker is caused by an occupational disease, the day on which the impairment or loss of earnings began, as determined by the board, is deemed to be the day of the accident.

Section 2 amended

3           Section 2 is amended

(a) in clause (b), by striking out "industries" and substituting "an employer's undertaking or any individual plant or department thereof";

(b) in clause (d), by striking out "(a), (b) or (c)" and substituting "(a) or (c)";

(c) in clause (e), by adding "by employers or" after "who are employed";

(d) in clause (g), by striking out "workers, executive officers of corporations, employers, dependants of employers" and substituting "workers, employers, directors of corporations, resident members of the family of employers or directors of a corporation".

Section 3 amended

4           Section 3 is amended

(a) by striking out ", by its order,";

(b) by adding "or her" after "his".

Subsections 4(2) to (4) rep. and sub.

5(1)        Subsections 4(2) to (4) are repealed and the following is substituted:

Payment of wage loss benefits

4(2)        Where a worker is injured in an accident, wage loss benefits are payable for his or her loss of earning capacity resulting from the accident on any working day after the day of the accident, but no wage loss benefits are payable where the injury does not result in a loss of earning capacity during any period after the day on which the accident happens.

Misconduct of worker

4(3)        Notwithstanding subsection (2), where the accident is attributable solely to the serious and wilful misconduct of the worker, as determined by the board,

(a) wage loss benefits are not payable for three weeks following his or her loss of earning capacity; and

(b) medical aid is not payable for three weeks from the day the worker requires medical aid.

Cause of occupational disease

4(4)        Where an injury consists of an occupational disease that is, in the opinion of the board, due in part to the employment of the worker and in part to a cause or causes other than the employment, the board may determine that the injury is the result of an accident arising out of and in the course of employment only where, in its opinion, the employment is the dominant cause of the occupational disease.

Subsections 4(8) and (9) rep. and sub.

5(2)         Subsections 4(8) and (9) are repealed and the following is substituted:

Agreements with other jurisdictions

4(8)        The board may enter into agreements with the Government of Canada or The Workers Compensation Board or similar body in another province or territory of Canada, providing for

(a) co-operation in matters relating to compensation for or rehabilitation of workers injured by accidents arising out of and in the course of employment;

(b) the payment of compensation for accidents to workers who are employed partly within Manitoba and partly within another province or territory of Canada;

(c) the avoidance of duplicate assessments, and the equitable adjustment of assessments to which an employer is or might be liable on earnings of workers employed partly in Manitoba and partly in another province or territory of Canada; and

(d) the sharing of the cost of claims in proportion to the estimated amount of a worker's exposure to the probable cause of the injury in each jurisdiction;

and the board shall carry out and give full effect to any such agreement and for that purpose may make payments out of the accident fund, and any money received by the board under any such agreement shall be paid into the accident fund.

Compensation for impairment

4(9)        The board may award compensation in respect of an impairment that does not result in a loss of earning capacity.

Subsection 7(1) amended

6           Subsection 7(1) is amended

(a) by striking out "control of the work" and substituting "control";

(b) by adding "or her" after "his", wherever it occurs.

Section 8 repealed

7           Section 8 is repealed.

Subsection 9(7) rep. and sub.

8(1)        Subsection 9(7) is repealed and the following is substituted:

Limitation of right of action

9(7)        In any case within subsection (1), the worker, his or her legal personal representative and dependents, and the employer of the worker have no right of action in respect of the accident against an employer in an industry, or against a worker of such an employer, where the accident happens within the conduct of the operations usual in, or incidental to, the industry carried on by the employer.

Subsection 9(7.1) added

8(2)        The following is added after subsection 9(7):

Exception of motor vehicle accident

9(7.1)      Subsection (7) does not apply where the accident results from the use or operation of a motor vehicle, as defined in The Highway Traffic Act, by a person other than the employer of the worker or a worker of that employer.

Subsection 9(8) amended

8(3)        Subsection 9(8) is amended by adding "or is an accident to which subsection (7.1) applies," after "carried on by the employer".

Section 10 amended

9           Section 10 is amended

(a) by striking out "and costs reasonably incurred by the board in obtaining and recovering under the judgment or settlement, the board shall pay the excess" and substituting ", the board shall pay the excess, less any costs and administrative expenses fixed by the board";

(b) by adding "or her" after "his", wherever it occurs.

Subsection 17(3) rep. and sub.

10          Subsection 17(3) is repealed and the following is substituted:

Notice of occupational disease

17(3)       In the case of an occupational disease, the employer to whom the notice under subsection (1) is to be given is the employer who last employed the worker in the employment to the nature of which the disease is due.

Subsection 18(1) amended

11(1)       Subsection 18(1) is amended

(a) by striking out the words preceding clause (a) and substituting "In case of an accident giving rise to a claim for compensation, the employer of the worker shall, within five business days";

(b) in clause (a), by striking out "to him" and substituting "to the employer";

(c) in clause (b), by striking out "when he" and substituting "the employer".

Subsection 18(1.1) added

11(2)       The following is added after subsection 18(1):

Definition of "business day"

18(1.1)     In subsection (1), "business day" means Monday to Friday, except a day that is a holiday.

Subsection 18(4) amended

11(3)       Subsection 18(4) is amended

(a) by striking out "orders" and substituting "determines";

(b) by striking out "or by the board".

Subsection 18(5) rep. and sub.

11(4)       Subsection 18(5) is repealed and the following is substituted:

Relief from penalty

18(5)       Notwithstanding subsection (4), the board may, if it is satisfied that an employer has a reasonable explanation for failing to make a report in accordance with this section, relieve the employer in whole or in part from the payment of a penalty under a regulation passed under subsection (4).

Subsection 19(1) rep. and sub.

12(1)       Subsection 19(1) is repealed and the following is substituted:

Application for compensation

19(1)       A worker or dependent entitled to compensation under this Part shall file with the board an application and the certificate of any physician who attends the worker, in a form acceptable to the board, with such proof or other information as the board requires, and pending the receipt of proof or information, the board may withhold compensation.

Section 19.1 added

12(2)        The following is added after section 19:

Inducing worker not to make application

19.1(1)     No employer or person acting on behalf of an employer shall attempt to compel or induce a worker by intimidation, coercion, promise, the imposition of a pecuniary or other penalty, threat, including a threat of dismissal, or by any other means, not to make application for compensation under this Part.

Offence and penalty

19.1(2)     Every person who contravenes or fails to comply with subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $5,000.

Section 20.1 added

13          The following is added after section 20:

Medical reports not admissible as evidence

20.1        A report made or submitted to the board under section 20 for the purpose of a claim of a worker or a dependent is for the use and purposes of the board, and is not admissible as evidence in a court or tribunal in an action or proceeding against the person or hospital that makes or submits the report, unless it is proved that the report is made maliciously.

Subsection 21(2) amended

14          Subsection 21(2) is amended

(a) by striking out "himself";

(b) by striking out "his" wherever it occurs and substituting "the";

(c) by striking out "orders" and substituting "determines".

Section 22 amended

15          Section 22 is amended

(a) by striking out "retard his recovery" and substituting "retard his or her recovery";

(b) by striking out "promote his recovery" and substituting "promote his or her recovery, or fails in the opinion of the board to mitigate the consequences of the accident,";

(c) by adding "or had mitigated the consequences of the accident" after "had submitted to the treatment".

Section 23 rep. and sub.

16          Section 23 is repealed and the following is substituted:

Wage loss benefits exempt from garnishment order

23(1)       Wage loss benefits payable to a worker or dependent under this Part are deemed to be wages for the purposes of The Garnishment Act and are exempt from seizure or attachment under a garnishing order to the same extent as wages are exempt under that Act.

Application of subsection (1)

23(2)       Subsection (1) applies to wage loss benefits payable after the day on which this section comes into force.

Compensation money exempt

23(3)       In respect of an accident that happens before this section comes into force, no sum payable as compensation or by way of commutation of any periodic payment in respect of compensation may be assigned, charged or attached, and the sum does not pass by operation of law except to a personal representative.

Subsections 24(4) and (5) repealed

17          Subsections 24(4) and (5) are repealed.

Section 26 rep. and sub.

18          Section 26 is repealed and the following is substituted:

Payment of compensation for minor

26          Where compensation is payable to a minor, the payments may be made to such person or persons as, in the opinion of the board from time to time, are best qualified to administer the payments, whether or not the person or persons are the legal guardians of the minor.

Subsection 27(1) rep. and sub.

19(1)       Subsection 27(1) is repealed and the following is substituted:

Provision of medical aid

27(1)       The board may provide a worker with such medical aid as the board considers necessary to cure and provide relief from an injury resulting from an accident.

Subsection 27(1.1) amended

19(2)       Subsection 27(1.1) is amended by striking out "members" and substituting "one member".

Subsections 27(3) and (4) rep. and sub.

19(3)       Subsections 27(3) and (4) are repealed and the following is substituted:

Compensation for repair, loss, breakage

27(3)       In addition to any other compensation under this Part, the board may pay to a worker who suffers an injury resulting from an accident or sustains damage to an artificial limb arising out of and in the course of employment the cost, or part of the cost, of repairing or replacing the worker's eye glasses, contact lenses, dentures, hearing aid, artificial eye, artificial limb and any other prosthetic device, and clothing worn at the time of the accident.

Wage loss resulting from loss or damage

27(4)       The board may award wage loss benefits for such period of time as the board considers reasonable to permit repair or replacement of a damaged or lost item, where the worker

(a) is entitled to compensation under subsection (3);

(b) has no immediately available replacement for the damaged or lost item; and

(c) is, in the opinion of the board, thereby unable to perform the usual functions of his or her employment.

Subsections 27(5) and (9) repealed

19(4)       Subsections 27(5) and (9) are repealed.

Subsections 27(13) and (15) repealed

19(5)       Subsections 27(13) and (15) are repealed.

Subsection 27(20) rep. and sub.

19(6)       Subsection 27(20) is repealed and the following is substituted:

Academic, vocational, rehabilitative assistance

27(20)      The board may make such expenditures from the accident fund as it considers necessary or advisable to provide academic or vocational training, or rehabilitative or other assistance to a worker for such period of time as the board determines where, as a result of an accident, the worker

(a) could, in the opinion of the board, experience a long-term loss of earning capacity;

(b) requires assistance to reduce or remove the effect of a handicap resulting from the injury; or

(c) requires assistance in the activities of daily living.

Section 27.1 and 27.2 added

20          The following is added after section 27:

Limit on further claims

27.1        The board may limit or deny a claim for medical aid, impairment benefits or wage loss benefits where

(a) the worker previously made a claim for an injury of the same nature as the injury in respect of which the claim is made;

(b) the worker has a medical condition that, in the opinion of the board, requires the worker to be removed temporarily or permanently from working in a particular class of employment because the medical condition could result in an injury of the same nature as the injury in respect of which the claim is made;

(c) the claim is made after the board requested the worker to discontinue employment in the particular class of employment in order to avoid injuries of that nature;

(d) the board has provided or offered to provide the worker with such academic, vocational or rehabilitative assistance as the board considers necessary to enable the worker to become employable in another class of employment; and

(e) the worker continues or returns to employment in the particular class of employment without the approval of the board.

Agreements with M.H.S.C.

27.2        The board may enter into agreements with the Manitoba Health Services Commission respecting methods of payment by the board or the Manitoba Health Services Commission of the costs of medical aid provided under this Act.

Sections 28 to 49 rep. and sub.

21          Sections 28 to 49 are repealed and the following is substituted:

Compensation on Death of Worker

Compensation to dependents of deceased worker

28(1)       Where an accident results in the death of a worker, compensation is payable to the worker's dependents in accordance with sections 29 to 35.

Compensation and costs payable on death of worker

28(2)       Where an accident results in the death of a worker, the board shall pay to the estate of the worker or to such person as the board may determine, $5,000. and such part of the expenses as the board may approve in respect of transporting the body from the place of death to the worker's usual place of residence, where the worker dies

(a) in the province, away from his or her usual place of residence; or

(b) outside the province, and his or her usual place of residence is in the province.

Compensation payable to dependents

29(1)       Compensation is payable to a dependent of a deceased worker as follows:

(a) to the spouse of the worker,

(i) subject to subsections (2) and (3), a lump sum of $45,500., and

(ii) monthly payments equal to 90% of the worker's net average earnings before the accident, less any amount payable to another dependent under clauses (b) to (e);

(b) in respect of each child of the worker under the age of 18 years, a monthly payment of $250.;

(c) in respect of each child of the worker who is 18 years of age or older, a monthly payment of $250., where the child

(i) is applying himself or herself, to the satisfaction of the board, in a course of study that is acceptable to the board, and

(ii) does not have a university degree and has not completed a course in technical or vocational training;

(d) where a child referred to in clauses (b) and (c) is an orphan, or becomes an orphan within one year of the day of the death of the worker and is receiving compensation under those clauses, a monthly payment of $500.;

(e) for a dependent not mentioned in clauses (a) to (d), a monthly payment the board determines to be reasonable and proportionate to the pecuniary loss of the dependent resulting from the death, but not exceeding $250. for each dependent, and a total of $1,000. for all such dependents.

Lump sum reduced for worker over 45 years

29(2)       The lump sum payable under subclause (1)(a)(i) shall be reduced by 2% for each year of age the worker is over 45 years of age at the time of the worker's death but, subject to subsection (3), the payment shall not be less than $27,500.

Reduced lump sum for impairment award

29(3)       The lump sum payable under subclause (1)(a)(i) after any reduction under subsection (2) shall be reduced by any amount the worker receives as an impairment award under section 38 in respect of the same accident.

Monthly payments reviewed and indexed

29(4)       The monthly payments referred to in subsection (1) shall be adjusted as of the first day of the month following the second anniversary of the accident and annually thereafter by applying the indexing factor determined under section 47.

Duration of monthly payments to spouse

29(5)       Subject to subsections (6) to (9), the monthly payments referred to in subclause (1)(a)(ii) shall be paid to the spouse until the expiration of 60 months after the day of the worker's death.

Exception to subsection (5)

29(6)       Subject to subsections (7) to (9), where the spouse is 60 years of age or older on the day of the worker's death, the monthly payments referred to in subclause (1)(a)(ii) shall be paid to the spouse until the month in which he or she attains the age of 65 years.

Further exception to subsection (5)

29(7)       Subject to subsections (8) and (9), where the spouse is 63 years of age or older on the day of the worker's death, the monthly payments referred to in subclause (1)(a)(ii) shall be paid to the spouse for 24 months.

Duration of monthly payments to spouse with children

29(8)       Where a child of the worker under the age of 18 years lives with the spouse and the spouse has custody of the child, the monthly payments referred to in subclause (1)(a)(ii) shall be paid to the spouse until the earlier of

(a) the month in which the youngest such child attains the age of 18 years; and

(b) the month in which the spouse attains the age of 71 years.

Extension of monthly payments where hardship

29(9)       Where, in the opinion of the board, the death of a worker results in undue hardship to the spouse of the worker, and the spouse is 50 years of age or older or an invalid on the day of the worker's death, the spouse may elect not to receive the lump sum referred to in subclause (1)(a)(i) and to receive instead the monthly payments referred to in subclause (1)(a)(ii) until the month in which the spouse attains the age of 65 years.

Duration of payments to child under (1)(b)

29(10)      Monthly payments to a child under clause (1)(b) cease in the month in which the child attains the age of 18 years, except where the child is then an invalid, in which case the monthly payments shall continue until the child ceases to be an invalid or is eligible for old age security, whichever first occurs.

Duration of payments to dependent under clause (1)(e)

29(11)      Monthly payments made to a dependent under clause (1)(e) shall continue for as long as, in the opinion of the board, the worker, if alive, might reasonably have been expected to contribute to the support of the dependent.

Conversion to annuity

29(12)      The lump sum payable to a spouse under subclause (1)(a)(i) may, at the election of the spouse, be converted into an annuity to be retained in the accident fund and administered by the board.

Former spouse included

30(1)       For the purposes of clause 29(1)(a), "spouse" includes a former spouse, where the worker was or would have been, if the worker had lived, required to pay maintenance to the spouse under a separation agreement or an order of a court.

Limit to payment to former spouse

30(2)       In the case of a former spouse, the monthly amount payable under subclause 29(1)(a)(ii) shall not exceed the amount of maintenance the worker was required to provide or, in the opinion of the board, would have been required to provide under a separation agreement or an order of a court.

Apportionment between spouses

30(3)       Where more than one spouse of a worker is entitled to compensation under clause 29(1)(a), the board shall apportion the compensation payable in such manner as it considers fair and reasonable according to the pecuniary loss or loss of valuable services suffered by each spouse.

Limit on amount payable to children

31(1)       Compensation payable under clauses 29(1)(b) and (c) shall not exceed $1,000. per month.

Limit on amount payable to dependents

31(2)       Compensation payable under clauses 29(1)(b) to (e) shall not exceed $2,000. per month.

Apportioned payments under clauses (1)(b) to (e)

31(3)       Where compensation payable under clauses 29(1)(b) to (e) exceeds the limits set under this section, the board shall apportion the compensation in such manner as it considers appropriate.

Dependent payment ended and adjusted

32          Where monthly payments to a dependent cease, the board may thereafter adjust the amount of monthly payments to any remaining dependents as if they were the only dependents on the day of the worker's death.

Commutation of payments to spouse

32.1        Where the sole dependent of the worker is a spouse, the board shall, on the request of the spouse, commute the monthly payments payable to the spouse to a lump sum payment to be paid to the spouse in settlement of the spouse's claim.

Academic or vocational assistance for spouse

33          Where the spouse of a deceased worker

(a) is receiving monthly payments under subclause 29(1)(a)(ii); and

(b) requires assistance to become employable or to increase his or her earning capacity;

the board may make such expenditures from the accident fund as it considers necessary or advisable to provide academic or vocational training, or other assistance to the spouse for such period of time as the board determines.

Spouse eligible for two monthly payments

34          Where the spouse of a deceased worker is paid or entitled to monthly payments under subclause 29(1)(a)(ii) and becomes entitled to monthly payments under the same subclause in respect of the death of another worker, he or she shall be paid only the larger of the monthly payments.

Board may require proof respecting dependency

35          The board may from time to time require such proof of the existence or degree of dependency of an individual under clause 29(1)(e) as it considers necessary, and pending the receipt of proof that is satisfactory to the board, it may withhold compensation.

Annuities

Where compensation available as annuity

36(1)       This section applies to amounts

(a) payable to a spouse under subclause 29(1)(a)(i);

(b) payable to a worker as an impairment award under section 38;

(c) set aside to provide an annuity for a worker under subsections 42(2) and (3);

(d) payable to the spouse of a worker under subsection 42(9).

Types of annuity

36(2)       Where a worker or a spouse of a deceased worker elects to receive an annuity under a provision referred to in subsection (1), the annuity shall, at the election of the annuitant, be one of the following:

(a) an annuity that continues during the life of the annuitant;

(b) a joint annuity that continues during the lives of the annuitant and the spouse of the annuitant, subject to a decrease of 1/3 on the death of one of them;

(c) an annuity that continues for a fixed term of 5, 10, 15 or 20 years;

(d) an annuity that continues for the longer of

(i) the life of the annuitant, and

(ii) a fixed term of 5, 10, 15 or 20 years.

Financial advice on annuities

36(3)       A worker or a spouse of a deceased worker eligible to receive an annuity under a provision referred to in subsection (1) may obtain independent financial advice from a person approved by the board, and the board may pay the fee, or a portion of the fee, of the person out of the accident fund.

Payment on death of annuitant

36(4)       Where a worker or spouse elects an annuity under clause (2)(c) or (d) and dies before the term of the annuity expires, the balance of the annuity shall be paid to a person designated by the annuitant in writing in a form approved by the board or, in the absence of a designation, to the estate of the annuitant, in which case the board may commute the balance of the annuity to a lump sum payment.

Disposition of unclaimed annuities

36(5)       Where money payable under an annuity is unclaimed for not less than six years from the day the board determines the money is payable, the money with accrued interest shall be paid into the accident fund, and on such payment, the board is not liable to make payment under the annuity.

Compensation payable

37          Where, as a result of an accident, a worker sustains a loss of earning capacity or an impairment, or requires medical aid, the following compensation is payable:

(a) medical aid, as provided in section 27;

(b) an impairment award, as provided in section 38; and

(c) wage loss benefits for any loss of earning capacity, calculated in accordance with section 39.

Impairment

Determination of impairment

38(1)       The board shall determine the degree of a worker's impairment expressed as a percentage of total impairment.

Calculation of impairment award

38(2)       Where the board determines that a worker has suffered an impairment, the board shall, subject to subsection (3), pay to the worker as a lump sum an impairment award in the following amount, for an impairment that is determined by the board to be

(a) 1% or greater but less than 5%:  $500.;

(b) 5% or greater but less than 10%:  $1,000.;

(c) 10% or greater:  $1,000. plus $1,000. for each full 1% of impairment in excess of 10%.

Reduction for worker over 45

38(3)       A sum payable under subsection (2) shall be reduced by 2% for each year of age the worker is over 45 years at the time the board determines the worker has an impairment, but the reduction shall not exceed 40%.

Award calculated as of day of accident

38(4)       In determining the amount of an impairment award, the amounts in subsection (2) in effect on the day of the accident are to be used.

Method of payment

38(5)       Where the sum payable under subsection (2) is greater than an amount that the board may determine to be the minimum amount payable as a lump sum, the sum payable may, at the option of the worker, be converted into an annuity to be retained in the accident fund and administered by the board.

Reconsideration of degree of impairment

38(6)       Subject to subsection (7), a worker who is determined under this section to have an impairment and who suffers a significant deterioration of his or her medical condition, may apply to the board to reconsider the worker's degree of impairment and, where the reconsideration results in a change in the percentage of the impairment, the board shall treat the reconsideration as though it were an initial determination under this section.

Reduction of award for worker over 45

38(7)       Any additional sum payable to a worker as a result of a reconsideration under subsection (6) shall be reduced by 2% for each year of age the worker is over 45 years on the day of the decision of the board respecting the reconsideration, but the reduction shall not exceed 40%.

Re-application under subsection (6)

38(8)       No worker may apply under subsection (6) within 24 months of a decision by the board or the appeal commission respecting the degree of impairment of the worker.

Where worker dies before determination

38(9)       This section does not apply in respect of a worker who dies as a result of an accident before a determination of the degree of impairment is made.

Wage Loss Benefits

Wage loss benefits for loss of earning capacity

39(1)       Where an injury to a worker results in a loss of earning capacity after the day of the accident, wage loss benefits shall be payable to the worker calculated in accordance with section 40 and equal to

(a) 90% of the loss of earning capacity for a maximum of 24 months; and

(b) 80% of the loss of earning capacity after the 24 months.

Duration of wage loss benefits

39(2)       Subject to subsection (3), wage loss benefits are payable until

(a) the loss of earning capacity ends, as determined by the board; or

(b) the worker attains the age of 65 years.

Exception re workers over 62 years

39(3)       Where a worker is 63 years of age or older at the commencement of his or her loss of earning capacity, the board may pay the wage loss benefits for a period of not more than 24 months following the date of the accident.

Periodic payment of wage loss benefits

39(4)       Payment of wage loss benefits shall be made periodically, at such times and in such manner and form as the board considers advisable.

Limit to wage loss benefits payable

39(5)       Notwithstanding any other provision of this Act, wage loss benefits payable under this Act shall not exceed

(a) for the first 24 months of the payment, 90% of the worker's loss of earning capacity; or

(b) for any period after the 24 months, 80% of the worker's loss of earning capacity;

and to give effect to this subsection the board may

(c) consider the length of time a worker is in receipt of wage loss benefits during any year and the resulting effect on probable income tax, Canada Pension Plan premiums, Quebec Pension Plan premiums, or Unemployment Insurance premiums payable by the worker, and recalculate the loss of earning capacity based on those considerations;

(d) deem any entitlement to a refund or reduction of the probable income tax, Canada Pension Plan premiums, Quebec Pension Plan premiums or Unemployment Insurance premiums payable by the worker to be earnings that the worker is capable of earning after the injury;

(e) reduce any future entitlement to compensation to prevent any payment of wage loss benefits in excess of the amounts set out in this subsection; and

(f) consider any wage loss benefits paid in excess of the wage loss benefits set out in this subsection to be overpayments of compensation.

Loss of Earning Capacity

Calculation of loss of earning capacity

40(1)       The loss of earning capacity of a worker is the difference between

(a) the worker's net average earnings before the accident; and

(b) the net average amount that the board determines the worker is capable of earning after the accident;

which amount shall not be less than zero.

Monthly payments adjusted and indexed

40(2)       The net average earnings referred to in clause (1)(a) shall be adjusted as of the first day of the month following the second anniversary of the accident and annually thereafter by applying the indexing factor determined under section 47.

Calculation of net average earnings

40(3)       For the purpose of this Act, the net average earnings of a worker are his or her average earnings calculated in accordance with section 45, less the probable deductions for the following:

(a) income tax payable by the worker, calculated by using the worker's income from employment and Unemployment Insurance benefits as income, and the worker's basic personal tax credits or exemptions, and tax credits or exemptions for a person who is a dependent of the worker, under the Income Tax Act (Canada), as at the date of the accident or an annual review under subsection (2), as deductions;

(b) Canada Pension Plan premiums or Quebec Pension Plan premiums payable by the worker;

(c) Unemployment Insurance premiums payable by the worker; and

(d) such other deductions as the board may establish by regulation.

Table of net average earnings

40(4)       The board shall on January 1 in each year, or at such time as the board considers appropriate, establish a schedule or procedure for determining the probable deductions referred to in subsection (3) for various income levels which, for the purpose of that subsection, is final and conclusive.

Recurrence of loss of earning capacity

40(5)       Where a worker returns to full employment after an accident, and thereafter suffers a loss of earning capacity resulting from the accident, the worker's net average earnings before the injury are the greater of

(a) the net average earnings at the time of the accident adjusted under subsection (2) as if payments were made continuously from the date of the accident; and

(b) the net average earnings at the time of the worker's most recent employment.

Worker's return to employment

40(6)       For the purpose of subsection (5), a worker shall be considered to have returned to full employment when the board is satisfied that the worker has established a real and substantial attachment to the labour force.

Transfer of costs of wage loss benefits

40(7)       If a worker, at the time of a recurrence of a loss of earning capacity, is in the employment of an employer in a class different from the class to which the worker's employer belonged at the time of the accident, the board may allocate the increased cost of the claim under subsection (5) to such class or to any other available fund, as the board considers equitable.

Collateral Benefits

Definition of "collateral benefit"

41(1)       In this section, "collateral benefit" means

(a) any periodic benefit the worker is entitled to receive under the Canada Pension Plan, the Quebec Pension Plan, the Unemployment Insurance Act (Canada), and a policy of disability insurance;

(b) any payment to the worker by the worker's employer, including a gratuity or allowance; and

(c) any other statutory benefit prescribed by the board by regulation.

Earning capacity includes collateral benefit

41(2)       In determining the amount a worker is capable of earning after the accident, the board shall include as earnings any taxable collateral benefit the worker receives or is entitled to receive as a result of the injury.

Non-taxable collateral benefit deducted

41(3)       Wage loss benefits awarded to a worker shall be reduced by any non-taxable collateral benefit the worker receives or is entitled to receive as a result of the injury.

Collateral benefit in excess of ceiling

41(4)       Notwithstanding subsections (1) to (3), the board shall consider collateral benefits which the worker receives or is entitled to receive only to the extent that such benefits, together with the wage loss benefits otherwise payable under this Part, have the effect of compensating the worker in excess of 90% of the worker's actual loss of earning capacity.

Collateral benefits payable to workers by collective agreement

41(5)       Notwithstanding subsections (1) to (4), where a worker of an employer is entitled pursuant to a collective agreement with the employer to receive a payment within the meaning of clause (1)(b) while receiving wage loss benefits under this Part, the board shall, for the first 24 months of the payment, consider collateral benefits which the worker receives or is entitled to receive only to the extent that such collateral benefits, together with the wage loss benefits otherwise payable under this Part, have the effect of compensating the worker in excess of the worker's actual loss of earning capacity.

Application of subsection 41(5)

41(6)       Subsection (5) applies to

(a) a collective agreement in force on January 1, 1992 with an employer included in clauses 73(a) to (d) as those clauses are on December 31, 1991;

(b) a collective agreement in force on January 1, 1992 with an employer who makes application to the board, and receives the approval of the board to the application of subsection (5) to the collective agreement; and

(c) a collective agreement that succeeds a collective agreement referred to in clauses (a) and (b), provided that every such successor collective agreement contains an entitlement to receive a payment within the meaning of clause (1)(b).

Calculation excludes maximum earnings

41(7)       For the purpose of subsections (4) and (5), the calculation of a worker's actual loss of earning capacity does not include consideration of maximum annual earnings established under section 46.

Definition of "qualifying period"

42(1)       In this section, "qualifying period" means a period of 24 months.

Establishment of annuity for retirement

42(2)       Subject to subsections (4) and (5), where wage loss benefits are paid to a worker for the qualifying period, the board shall invest on behalf of the worker an amount equal to 5% of future wage loss benefits payable to the worker under this Part, as the wage loss benefits are paid, and the amount with accrued interest and the worker's amount under subsection (3) shall be used to provide an annuity for the worker at retirement.

Worker may contribute to annuity

42(3)       Subject to subsections (4) and (5), a worker may, in writing in a form acceptable to the board, within three months after the qualifying period, advise the board that he or she elects to contribute an amount of not more than 5% of future wage loss benefits payable to the worker, and the amount shall thereafter be deducted from the wage loss benefits paid to the worker and added to the amount under subsection (2).

Contribution where pension continues

42(4)       Where contributions made by an employer to the pension plan of the employer for the benefit of a worker are less than the amount referred to under subsection (2), the amount invested by the board under subsection (2) shall be the difference between

(a) the contributions of the employer; and

(b) the amount referred to under subsection (2).

No annuity where pension contribution continues

42(5)       This section does not apply to a worker where contributions of not less than the amount referred to under subsection (2) are made by the employer to the pension plan of the employer for the benefit of the worker.

Use of annuity funds

42(6)       The amounts referred to under subsections (2) and (3) may be retained in the accident fund and administered by the board or, on the request of the worker, paid into a registered pension plan.

Payment of lump sum instead of annuity

42(7)       Where the amounts referred to under subsections (2) and (3) are retained in the accident fund and, at the time the worker is eligible to receive annuity payments, are less than an amount that may be determined by the board, the board may pay to the worker the accumulated capital and interest in lieu of an annuity.

Annuity payment on death of worker

42(8)       Where a worker for whom contributions are made under this section dies before electing the type of annuity under subsection 36(2), the board shall pay

(a) where the worker is survived by a spouse, to the spouse a lump sum equivalent to the accumulated capital and interest; or

(b) where the worker is not survived by a spouse, to the estate of the worker a lump sum equivalent to 50% of the value of the accumulated capital and interest.

Lump sum converted to annuity for spouse

42(9)       Where the lump sum referred to in clause (8)(a) is greater than an amount that may be determined by the board, the board may, at the election of the spouse, convert the lump sum into an annuity to be retained in the accident fund and administered by the board.

Division of annuity benefits on marriage breakup

42(10)      The amounts referred to under subsections (2) and (3) are a family asset as defined under The Marital Property Act and, where a worker and his or her spouse live separate and apart, are subject to division in the manner set forth in The Pension Benefits Act.

Group benefit plans and programs

43(1)       The board may by regulation establish benefit programs or enter into contracts of group insurance that are general in application or restricted to a specific group, as the board considers appropriate, for

(a) workers who are in receipt of wage loss benefits under this Part for more than 24 months;

(b) dependents of workers described in clause (a); or

(c) dependents of deceased workers who are in receipt of monthly payments under section 29.

Types of benefit programs

43(2)       A benefit program or group insurance plan established under subsection (1) may include

(a) extended health care plans;

(b) accidental death and dismemberment plans; or

(c) such other benefit plans as the board considers advisable or necessary.

Funding of benefit plan

43(3)       A benefit program or group insurance plan established by the board under this section shall be funded by the board from the accident fund, by participants in the benefit program or group insurance plan, or in such other manner as the board may determine.

Voluntary participation in benefit plan

43(4)       No regulation made under subsection (1) shall require any person to contribute to or fund a benefit program or group insurance plan unless the person elects to participate in the program or plan.

Group life insurance plan

43(5)       The board shall by regulation establish a group life insurance plan for workers who receive wage loss benefits under this Part for more than 24 months, on such terms and conditions and in such amount as may be prescribed.

Cost of plan to board

43(6)       The cost to the board of the group life insurance plan referred to in subsection (5) shall not exceed 5% of future wage loss benefits payable to the workers in the group life insurance plan.

Annual adjustment in compensation

44(1)       The board shall in each year by regulation adjust any compensation referred to in this Part in specific dollar amounts by applying the indexing factor determined under section 47.

Use of rounded figure

44(2)       A figure calculated under section 47 for the purpose of subsection (1) shall be rounded to the nearest $10., but the figure calculated and not the rounded figure shall be used in any later calculation under section 47.

Coming into force of regulation

44(3)       A regulation made under subsection (1) shall come into force on January 1 in the year in which it is made.

Calculation of average earnings

45(1)       The board shall calculate a worker's average earnings before the accident on such income from employment and employment insurance benefits, and over such period of time, as the board considers fair and just, but the amount of average earnings shall not exceed the maximum annual earnings established under section 46.

Average earnings includes all employment income

45(2)       In making a calculation under subsection (1), the board shall consider any employment income the worker has at the time of the accident from which the worker sustains a loss of earnings, whether or not the employment is in an industry to which this Part applies.

Adjustment of earning capacity

45(3)       Where the board is satisfied that a worker's average earnings before the accident do not fairly represent his or her earning capacity because the worker was an apprentice in a trade or occupation, the board may adjust wage loss benefits from time to time by deeming the worker's average earnings to be an amount that, in its opinion, reflects the probable earning capacity of the worker in the trade or occupation.

Adjustment of earning capacity based on age

45(4)       Where a worker sustains a long-term loss of earning capacity, and the board is satisfied that because of the worker's age, his or her average earnings before the accident do not fairly represent the worker's earning capacity, the board may adjust wage loss benefits from time to time by deeming the worker's average earnings to be an amount that, in its opinion, reflects the probable earning capacity of the worker, which amount shall not exceed the average of the industrial average wage for each of the 12 months before July 1 in the preceding year.

Allocation of additional cost

45(5)       The board may allocate to such fund as it considers appropriate any additional cost, or part thereof, resulting

(a) under subsection (2), from including income from employment in an industry to which this Part does not apply; and

(b) from adjusting wage loss benefits under subsection (3) or (4).

Limitation re maximum annual earnings

46(1)       In calculating earnings for the purposes of this Part, no regard shall be taken of the earnings of the worker in excess of the maximum annual earnings.

Maximum annual earnings set

46(2)       Subject to the regulations, the maximum annual earnings are $45,500.

Definition of "industrial average wage"

47(1)       In this Act, "industrial average wage" means the industrial aggregate average weekly earnings for all employees for Manitoba as published monthly by Statistics Canada except where

(a) no such figure is published for a particular month; or

(b) after the coming into force of this provision, Statistics Canada uses a new method to determine the industrial aggregate average weekly earnings for all employees for Manitoba for a particular month and the new method results in a change of more than 1% when compared with the former method;

in which case the board shall determine an amount that in its opinion represents the industrial average wage for Manitoba.

Annual calculation of ratio

47(2)       The board shall determine a ratio for each year by dividing the sum of the industrial average wage for each of the 12 months before July 1 of the previous year by the sum of the industrial average wage for each of the 12 months before July 1 in the year before that year.

Ratio of 1.06 or less is indexing factor

47(3)       Where the ratio calculated under subsection (2) is 1.06 or less, the ratio is the indexing factor for the year.

Cap of 6% on indexing

47(4)       Subject to subsections (5) and (6), where the ratio calculated under subsection (2) exceeds 1.06, the indexing factor for the year is 1.06.

Ratio may be increased by regulation

47(5)       Where the ratio calculated under subsection (2) exceeds 1.06, the board may by regulation increase the indexing factor to an amount above 1.06 to a maximum of the ratio calculated under subsection (2).

Carry forward of excess

47(6)       Where a ratio calculated under subsection (2) exceeds the indexing factor determined under this section for the year, the excess shall be carried forward for five years and added to the indexing factor in any year in which the ratio calculated under subsection (2) is less than 1.06; but the indexing factor in any year shall not exceed 1.06, except by a regulation made under subsection (5).

Periodic Adjustment of Compensation

Definition of "consumer price index"

48(1)       In this section "consumer price index" means the "all-items" Consumer Price Index for Manitoba as published monthly by Statistics Canada except where

(a) no such figure is published for a particular month; or

(b) after the coming into force of this provision, Statistics Canada uses a new method to determine the consumer price index for Manitoba for a particular month and the new method results in a change of more than 1% when compared with the former method;

in which case the board shall determine an amount that in its opinion represents the consumer price index for Manitoba.

Annual calculation of ratio

48(2)       As of January 1 in each year, the board shall determine a ratio for the year by dividing the consumer price index for June in the previous year by the consumer price index for June in the year before that year.

Ratio of 1.06 or less is annual indexing factor

48(3)       Where the ratio calculated under subsection (2) is 1.06 or less, the ratio is the annual indexing factor for the year.

Cap of 6% on annual indexing

48(4)       Subject to subsection (5), where the ratio calculated under subsection (2) exceeds 1.06, the annual indexing factor for the year is 1.06.

Cap may be increased by regulation

48(5)       Where the ratio calculated under subsection (2) exceeds 1.06, the board may by regulation increase the annual indexing factor to an amount above 1.06 to a maximum of the ratio calculated under subsection (2).

Annual calculation of biennial ratio

48(6)       As of January 1 in each year, the board shall determine a biennial ratio for the year by dividing the consumer price index for June in the previous year by the consumer price index for June in the year two years before that year.

Ratio of 1.12 or less is biennial indexing factor

48(7)       Where the ratio calculated under subsection (6) is 1.12 or less, the ratio is the biennial indexing factor for the year.

Cap of 12% on biennial indexing

48(8)       Subject to subsection (9), where the ratio calculated under subsection (6) exceeds 1.12, the biennial indexing factor for the year is 1.12.

Cap may be increased by regulation

48(9)       Where the ratio calculated under subsection (6) exceeds 1.12, the board may by regulation increase the biennial indexing factor to an amount above 1.12 to a maximum of the ratio calculated under subsection (6).

Adjustment of monthly allowance re death of worker

49(1)       Where a person is entitled under section 28, as that section is immediately before this section comes into force, to receive a monthly allowance as compensation in respect of the death of a worker resulting from an accident that happened before this section comes into force, the amount of the monthly payment shall be adjusted as of July 1 in the year following the year in which this section comes into force, and biennially thereafter by the biennial indexing factor for the year in which the adjustment is made.

Adjustment of prior permanent disabilities

49(2)       Where a person is entitled to receive a periodic payment as compensation in respect of a permanent disability or special additional compensation under subsection 40(2), as that subsection is immediately before this section comes into force, arising from an accident that happened before this section comes into force, the amount of the periodic payment shall be adjusted as follows:

(a) where the accident happened before January 1, 1990, as of July 1, 1993, and biennially thereafter by the biennial indexing factor for the year in which the adjustment is made;

(b) where the accident happened after December 31, 1989, as of July 1, 1995, and biennially thereafter by the biennial indexing factor for the year in which the adjustment is made.

Adjustment of temporary disability compensation, etc.

49(3)       Where a person is entitled to receive a periodic payment as compensation in respect of a temporary total disability or temporary partial disability arising from an accident that happened before this section comes into force, the amount of the periodic payment shall be adjusted by deeming the person's average weekly earnings at the time of the accident to be an amount determined by adjusting the average weekly earnings previously determined by the board by the annual indexing factor for the year in which the adjustment is made.

Adjustment of minimum and maximum

49(4)       For the purpose of adjusting the amount of a periodic payment referred to in subsection (3), the amount of monthly earnings below which a person is entitled to receive, as monthly compensation, an amount equal to his or her average monthly earnings, and the maximum annual earnings established under section 46 immediately before this section comes into force, shall be adjusted by the annual indexing factor for the year in which the adjustment is made.

Time of adjustments under subsections (3) and (4)

49(5)       The adjustments referred to in subsections (3) and (4) shall be made at the end of the month that is two years after the date on which this section comes into force, and at the end of that month in each year thereafter.

Exception re adjustment for person 65 or over

49.1        Notwithstanding section 49, where a person other than a dependent of a deceased worker is entitled to receive a periodic payment, special additional compensation or a monthly allowance arising from an accident that happened before this section comes into force, the compensation shall not be adjusted where the person is, at the date he or she becomes entitled to the adjustment, 65 years of age or over.

Deficiency in accident fund

49.2(1)     Where the board determines that the funds collected from employers in a class before this section comes into force are insufficient to meet liabilities under this Act in respect of the class, the board may assess, levy upon and collect from employers previously in the class such funds as the board considers necessary or advisable to reduce or eliminate the unfunded liability in the class.

Exception re government guarantee

49.2(2)     Subsection (1) does not apply where an unfunded liability is guaranteed by the Government of Canada or the Government of Manitoba.

Subsection 50(4) repealed

22          Subsection 50(4) is repealed.

Subsection 59(1) amended

23(1)       Subsection 59(1) is amended by striking out "Chief Executive Officer" and substituting "chief executive officer".

Subsection 59(3) amended

23(2)       Subsection 59(3) is amended by striking out "may make regulations providing" and substituting "may provide".

Subsection 59(4) amended

23(3)       Subsection 59(4) is amended by striking out "may make regulations providing" and substituting "may provide".

Subsection 60(2) amended

24          Subsection 60(2) is amended

(a) by repealing clause (d) and substituting the following:

(d) the existence and degree of an impairment, and whether it is the result of an accident;

(b) by repealing clause (e) and substituting the following:

(e) the loss of earning capacity resulting from an accident;

(c) in clause (f), by adding "and net average earnings" after "earnings";

(d) by repealing clause (i) and substituting the following:

(i) whether or not an employer's undertaking or any part, branch or department of an employer's undertaking is in an industry within the scope of this Part, and the class, sub-class, group or sub-group to which an employer's undertaking or any part, branch or department thereof should be assigned;

(e) by adding the following after clause (l):

(m) whether the commuted value of a periodic payment under this Part is equivalent to the periodic payment;

(n) whether an annuity is of equal value to a lump sum payable under this Part;

(o) the costs for the year for a class, sub-class, group, sub-group or undertaking;

(p) the future cost of claims and the administrative expenses of the board.

Subsection 60.1(3) amended

25          Subsection 60.1(3) is amended by striking out "prescribed by regulation or" and substituting "determined".

Section 60.7 amended

26          Section 60.7 is amended by striking out "Appeal Commission" and substituting "appeal commission".

Subsection 60.8(7) added

27          The following is added after subsection 60.8(6):

Costs in frivolous appeal

60.8(7)     Where, in the opinion of the appeal commission, an appeal is frivolous, the appeal commission may order the person who makes the appeal to pay costs of up to but not more than $250. to the board, and the board may enforce payment of the costs in the same manner as the payment of an assessment.

Section 60.10 amended

28          Section 60.10 is amended

(a) by renumbering it as section 60.91;

(b) in clause (2)(a), by striking out "Appeal Commission," and substituting "appeal commission;"

Sections 63 to 65 repealed

29          Sections 63 to 65 are repealed.

Subsection 67(4) amended

30          Subsection 67(4) is amended

(a) by adding "affecting entitlement to compensation" after "in respect of a medical matter"; and

(b) by adding "before a decision by the appeal commission under subsection 60.8(5)" after "the board, in writing".

Subsections 68(1) and (2) rep. and sub.

31          Subsections 68(1) and (2) are repealed and the following is substituted:

Regulations of Board of Directors

68(1)       The Board of Directors may make regulations

(a) prescribing a penalty under subsection 18(4) (failure of employer to report accident);

(b) prescribing deductions to be used in calculating average earnings under subsection 40(3);

(c) prescribing a statutory benefit to be a collateral benefit under subsection 41(1);

(d) establishing benefit programs and group life insurance plans under section 43;

(e) adjusting compensation pursuant to subsection 44(1);

(f) prescribing the maximum annual earnings under subsection 46(2);

(g) prescribing the indexing factor under section 47;

(h) prescribing the annual indexing factor and biennial indexing factor under section 48;

(i) establishing classes of industries for the purpose of section 73;

(j) establishing a schedule of provincially funded industries under section 76.1;

(k) establishing a schedule of self-insured employers under section 76.2;

(l) creating new classes under section 78;

(m) prescribing an interest rate under subsections 80(6.1) and (6.2) (interest on under-assessment and over-assessment);

(n) prescribing a minimum assessment under subsection 81(9);

(o) prescribing a penalty under subsection 86(1) (failure of employer to make return);

(p) prescribing a penalty under subsection 86(2) (failure to pay assessment);

(q) including or excluding industries under subsection 92(1) or (2);

(r) prescribing a minimum of pension for commutation under section 109.4;

(s) respecting any matter it considers necessary or advisable to carry out the intent and purposes of this Act.

Approval of L.G.C. for benefit program regulation

68(2)       The Board of Directors shall obtain the approval of the Lieutenant Governor in Council before establishing a new benefit program under section 43, and the board shall provide the minister with financial information and such other information as the minister requires to advise the Lieutenant Governor in Council with respect to the benefit program.

Disallowance of regulation by L.G.C.

68(2.1)     A certified copy of a regulation made by the Board of Directors under this Act shall be sent to the minister immediately after it is made by the Board of Directors and may, within 30 days after the day it is received by the minister, be disallowed by the Lieutenant Governor in Council.

Coming into force of regulation

68(2.2)     A regulation that is not disallowed comes into force 31 days after it is received by the minister or on such later day as is specified in the regulation, and every regulation that comes into force shall be published in The Manitoba Gazette as soon as is practicable.

Application of The Regulations Act

68(2.3)     By-laws, orders and rules, other than rules of procedure, made by the board under this Act are not subject to The Regulations Act.

Sections 71.1 to 71.3 added

32          The following is added after section 71:

Operating plan of board

71.1        The board shall, as soon as possible after the close of each year, and not later than March 31 next following, provide the minister with a five year plan respecting the operations of the board.

Plan to be laid before assembly

71.2         The plan referred to in section 71.1 shall be forthwith laid before the Legislative Assembly if the assembly is then in session and, if it is not then in session, within 15 days after the opening of the next session.

Reports to be referred to committee

71.3        Upon being laid before the Legislative Assembly, the report referred to in section 70 and the plan referred to in section 71.1 stand permanently referred to the Standing Committee on Public Utilities and Natural Resources of the Legislative Assembly.

Section 73 amended

33          Section 73 is amended

(a) by striking out "sections 79 and 91" and substituting "section 79";

(b) by repealing clauses (a) to (c) and substituting the following:

(a) Class A - Provincially funded industries set out in a schedule established by the board in accordance with section 76.1;

(b) Class B - Self-insured employers set out in a schedule established by the board in accordance with section 76.2;

(c) Class C - the Crown in right of Manitoba and those agencies of the government described in section 76 and not otherwise included under Class A, Class B or Class E;

(c) by striking out the period at the end of clause (d) and substituting a semicolon.

Subsection 74(1) amended

34(1)       Subsection 74(1) is amended by striking out "Any industry or worker" and substituting "An employer's undertaking, or an individual plant thereof".

Subsection 74(3) amended

34(2)       Subsection 74(3) is amended

(a) by striking out "executive officer" and substituting "director";

(b) by striking out "for himself and his dependants" and substituting "for himself or herself, and his or her dependents,".

Subsection 74(4) rep. and sub.

34(3)       Subsection 74(4) is repealed and the following is substituted:

Compensation to employer, employed family member

74(4)       Unless an application to come within the scope of this Part is approved by the board, compensation is not payable under this Part to

(a) an employer;

(b) a director of a corporation that is the employer; or

(c) a member of the family of an employer or director of a corporation who

(i) is employed by the employer or the corporation, and

(ii) lives with the employer or director as a member of his or her household.

Subsection 76(2) heading amended

35(1)       The heading preceding subsection 76(2) is amended by striking out "Workmen" and substituting "Workers".

Subsections 76(3) and (4) rep. and sub.

35(2)       Subsections 76(3) and (4) are repealed and the following is substituted:

Workers of agency of government before July 11, 1972

76(3)       Subject to regulations made under section 78, where before July 11, 1972 an agency of the government was admitted by the board as an industry or employer within the scope of this Part, the workers employed by the agency of the government shall not be deemed to be workers employed by the Crown in right of Manitoba and the agency of the government shall be deemed to be a separate employer, for the purposes of this Part unless, before this provision comes into force, the Lieutenant Governor in Council declares that subsection (2) applies to the workers or any class thereof.

Workers of government agency dealt with separately

76(4)       Subject to regulations made under section 78, where before this provision comes into force the Lieutenant Governor in Council declared that workers employed by an agency of the government not be deemed to be workers employed by the Crown in right of Manitoba for the purposes of this Part, the workers shall not be deemed to be workers employed by the Crown in right of Manitoba and the agency of the government shall be deemed to be a separate employer for the purposes of this Part.

Sections 76.1 to 76.7 added

36          The following is added after section 76:

Schedule of provincially funded industries

76.1(1)     The board may by regulation establish a schedule of provincially funded industries.

Transfer or creation of class

76.1(2)     The board may by regulation transfer a provincially funded industry from Class A to another class or to a new class, in which case the board shall make such adjustment and disposition of funds, reserves and accounts, and require payment of such funds as it considers necessary to ensure that no class is adversely affected.

Schedule of self-insured employers

76.2(1)     The board may by regulation establish a schedule of self-insured employers.

Withdrawal from schedule

76.2(2)     The board may by regulation transfer a self-insured employer to another class or to a new class, in which case the board shall make such adjustments and disposition of funds, reserves and accounts, and require payment of such funds as it considers necessary to ensure that no class is adversely affected.

Individual liability

76.2(3)     Employers for the time being included in the schedule of self-insured employers are liable individually to pay for the cost of compensation paid to their workers as the cost is determined by the board.

Levy for added compensation for past accidents

76.2(4)     The board may, in such manner and at such time or times as it considers appropriate, levy and collect money required to pay for increases in compensation for past accidents from employers who are or have been included in the schedule of self-insured employers.

Authority to defer collection of funds

76.3(1)     The board may defer the collection of the funds, or any portion of the funds, required for the future cost of claims arising in respect of

(a) industries set out in the schedule of provincially funded industries;

(b) the Crown in right of Manitoba or an agency of the government; and

(c) The City of Winnipeg.

Board may defer collection from self-insurers

76.3(2)     The board may defer the collection of funds, or any portion of the funds, required for the future cost of claims from an employer included in the schedule of self-insured employers where the employer provides security that the board considers sufficient to guarantee the future cost of claims.

Board may require deposit for compensation

76.3(3)     The board may require an employer referred to in this section to deposit funds with the board from time to time, from which the board may pay compensation for accidents to workers of the employer.

Deferred funds are receivables

76.4        Where the board defers the collection of funds under section 76.3, the amount deferred is a receivable from

(a) the industries set out in the schedule of provincially funded industries to be apportioned in such manner as the board may determine;

(b) the employer in the schedule of self-insured employers liable to pay the future cost of the claim;

(c) the Crown in right of Manitoba and the agencies of the government to be apportioned in such manner as the board may determine; and

(d) the City of Winnipeg.

Guarantee by the Government of Manitoba

76.5        Where, in the opinion of the board,

(a) an industry set out in the schedule of provincially funded industries; or

(b) an agency of the government included in clause 73(c);

is unable to pay the future cost of claims, the Government of Manitoba shall pay to the board such sum as the board determines is necessary to meet the future cost or, at the option of the Government of Manitoba, the board shall transfer the future cost or a portion thereof to the Crown in right of Manitoba to pay as the cost becomes due.

Added sum for administrative expenses

76.6        The board may include, in the amount payable by the employers referred to in section 76.3, such sum as the board considers appropriate for the administrative expenses of the board.

Added sum for funds

76.7        The board may, with the approval of an employer referred to in section 76.3, include in the amount payable by the employer such sum as the board considers appropriate for the purposes of clauses 81(1)(b) and (c) and subsection 81(2.1).

Subsection 77(3) rep. and sub.

37          Subsection 77(3) is repealed and the following is substituted:

Average earnings of declared worker

77(3)       Subject to subsection (4), the average earnings under clause 40(1)(a) of a person declared under subsection (1) to be a worker are the greater of

(a) the amount calculated in accordance with section 45; and

(b) ½ of the average of the industrial average wage for each of the 12 months before July 1 in the year before the accident.

Calculation where death or long-term loss

77(3.1)     Where a person declared under subsection (1) to be a worker dies or, in the opinion of the board, sustains a long-term loss of earning capacity as a result of an accident, the amount under clause (3)(b) is the average of the industrial average wage for each of the 12 months before July 1 in the year before the accident.

Automatic indexation

77(3.2)     The average earnings before the accident referred to in subsection (3) shall be adjusted on the first day of the month following the second anniversary of the accident and annually thereafter by applying the indexing factor determined under section 47.

Section 79 rep. and sub.

38          Section 79 is repealed and the following is substituted:

Assignment of industry to class, group

79          The board shall assign each employer in an industry within the scope of this Part to an appropriate class, sub-class, group or sub-group, as determined by the board, and where an employer's undertaking includes departments that are assignable to different classes, sub-classes, groups or sub-groups, the board may

(a) assign the employer to the class, sub-class, group or sub-group of the principal department of the undertaking; or

(b) assign each department to the appropriate class, sub-class, group or sub-group.

Subsection 80(1) rep. and sub.

39(1)       Subsection 80(1) is repealed and the following is substituted:

Payroll estimates and certified copies

80(1)       An employer shall, on becoming an employer and at such other times as the board may require, furnish to the board an estimate of the amount of the payroll of each undertaking in an industry for the following year, with such other information required by the board for the purpose of

(a) assigning the employer or undertaking of the employer to a class, sub-class, group or sub-group; and

(b) making assessments under this Act;

and the employer shall, at the close of each year, and at such other times as the board may require, furnish certified copies of the payroll.

Subsection 80(4) amended

39(2)       Subsection 80(4) is amended by striking out "section 45 as increased from time to time under".

Subsection 80(6.1) amended

39(3)       Subsection 80(6.1) is amended by striking out "by regulation or by the board" and substituting "by the board by regulation".

Subsection 80(6.2) amended

39(4)       Subsection 80(6.2) is amended by striking out "by regulation or by the board" and substituting "by the board by regulation".

Subsection 81(1) amended

40(1)       The part of subsection 81(1) preceding clause (d) is repealed and the following is substituted:

Annual assessment for accident fund

81(1)       For the purpose of creating and maintaining an adequate accident fund, the board shall every year assess and levy upon and collect from the employers in each class by an assessment or by assessments made from time to time rated upon the payroll, or in such other manner as the board considers advisable or necessary, sufficient funds, according to an estimate to be made by the board in each year

(a) to meet the costs for the year, including administrative expenses, the future cost of claims, and changes in liabilities, so as to prevent employers in future years from being unduly burdened with the costs arising from accidents in previous years;

(b) to provide a stabilization fund to meet the costs arising from extraordinary events that would otherwise unfairly burden the employers in a class, sub-class, group, or sub-group in the year of the events;

(c) to provide a fund to meet the part of the cost of claims of workers that, in the opinion of the board, results from

(i) pre-existing or underlying conditions,

(ii) an occupational disease where the exposure to the probable cause of the injury occurs outside Manitoba,

(iii) a loss of earnings from an employment other than that of a worker's employer at the time of the accident,

(iv) an increase in benefits under subsection 40(5), 45(3) or 45(4), or

(v) such other circumstances as the board determines would unfairly burden a particular class, sub-class, group or sub-group;

Subsection 81(1.1) added

40(2)       The following is added after subsection 81(1):

Deferred collection of future payments

81(1.1)     Notwithstanding subsection (1), the board may defer collection of the future cost of claims where payment is guaranteed by the Government of Manitoba or the Government of Canada, or where an employer included in the schedule of self-insured employers provides security that the board accepts under subsection 76.3(2).

Subsection 81(2) rep. and sub.

40(3)       Subsection 81(2) is repealed and the following is substituted:

Transfer from stabilization fund

81(2)       The amount of an assessment and levy made for the fund referred to in clause (1)(c) may be transferred to the fund from the stabilization fund referred to in clause (1)(b).

Subsection 81(3) amended

40(4)       Subsection 81(3) is amended by striking out "any industry or part or department of an industry" and substituting "an employer's undertaking, or an individual plant or department thereof".

Subsection 81(5) rep. and sub.

40(5)       Subsection 81(5) is repealed and the following is substituted:

Deficiency in assessments

81(5)       Where in any year the estimated assessments in any class, sub-class, group or sub-group prove insufficient, the board may

(a) make such further assessments and levies during the year as may be necessary;

(b) temporarily advance the amount of any deficiency out of any fund provided for the purpose; or

(c) add the deficiency to any later assessment for a period not exceeding three years.

Subsection 81(6) amended

40(6)       Subsection 81(6) is amended by striking out "his industry" and substituting "the employer's undertaking".

Subsections 81(7.1) to (7.3) added

40(7)       The following is added after subsection 81(7):

Giving notice of assessment to employers

81(7.1)     The board may give the notice referred to in subsection (6) by

(a) publishing a notice in The Manitoba Gazette containing a statement of percentages and rates fixed by the board and the industries to which they apply; or

(b) sending a notice to each employer containing a statement of percentages and rates fixed by the board in the employer's industries.

Board may revise assessment on notice

81(7.2)     The board may revise a percentage or rate at any time, and notice of the revision shall be given in accordance with subsection (7.1), and the new percentage or rate has effect as if it were the percentage or rate originally fixed by the board.

Basis of employer's payment of assessments

81(7.3)     A payment of an assessment shall in the first instance be made by an employer based on an estimate furnished by the employer under subsection 80(1), (3) or (4), unless the board makes an estimate under subsection 80(6), in which case the board's estimate applies.

Subsection 81(9) added

40(8)       The following is added after subsection 81(8):

Minimum assessment

81(9)       The board may by regulation establish a minimum assessment, and no assessment levied by the board against an employer shall be less than the minimum assessment.

Subsection 82(1) Rep. And Sub.

41(1)       Subsection 82(1) is repealed and the following is substituted:

Rates for kinds of employment in same class

82(1)       The board may establish rates of assessment among sub-classes, groups or sub-groups in the same class with such differences in rates among them as the board considers fair and just, and where in the opinion of the board the hazard in a sub-class, group or sub-group differs from the average in the class, sub-class or group to which it is assigned, the board may

(a) confer or impose a special rate, differential or assessment to correspond with the relative hazard of the sub-class, group or sub-group; and

(b) adopt a system of rating to take into account the relative hazard of the sub-class, group or sub-group.

Subsection 82(2) amended

41(2)       Subsection 82(2) is amended by striking out "or sub-class" and substituting ", sub-class, group or sub-group,".

Subsection 82(3) amended

41(3)       Subsection 82(3) is amended by striking out "or sub-class" and substituting ", sub-class, group or sub-group,".

Subsections 82(4) to (7) added

41(4)       The following is added after subsection 82(3):

Determination of experience

82(4)       In determining the record and experience of an employer, the board may

(a) exclude the cost of compensation awarded to the workers of the employer resulting from the negligence of another employer or the workers of another employer;

(b) include the cost of compensation awarded to the workers of another employer resulting from the negligence of the employer or the workers of the employer; or

(c) deem the cost of any claim in which a worker dies in an accident to be the average cost of fatal accident claims in the previous year.

Transfer of cost to other class where negligence

82(5)       Where the board determines that a worker's injury is the result of the negligence of an employer, or the worker of an employer, who is in a class other than that of the injured worker, the board may direct that the compensation, or any part of the compensation, awarded to the injured worker be charged against the class of the negligent employer or worker.

Assessment reduction

82(6)       Where, in the opinion of the board, sufficient precautions have been taken for the prevention of accidents to workers in the employment of an employer, and the accident record of the employer is satisfactory, the board may reduce the amount of any contribution to the accident fund for which the employer is liable.

Assessment surcharge

82(7)       Where, in the opinion of the board, sufficient precautions have not been taken for the prevention of accidents to workers in the employment of an employer and the accident record of the employer is unsatisfactory, the board may increase the amount of any contribution to the accident fund for which the employer is liable.

Section 83 rep. and sub.

42          Section 83 is repealed and the following is substituted:

Security by employer in certain cases

83(1)       Where the board is of the opinion that it is necessary or advisable because of the nature of an employer's undertaking, including its temporary nature or the possibility of a default in the payment of an assessment under this Part, the board may require the employer to pay, or to give security for payment of, the amount of the assessment for which the employer would have been liable if the undertaking had been in existence at the time of the preceding assessment.

Judge may restrain employer where no payment

83(2)       Where an employer fails to comply with a requirement of the board under subsection (1), a judge of the Court of Queen's Bench may, on application of the board, restrain the employer from carrying on business in an industry to which this Part applies until the employer complies with the requirement.

Section 84 rep. and sub.

43          Section 84 is repealed and the following is substituted:

Assessment respecting grant

84          In addition to the assessments made under sections 81 to 83, the board may charge the amount of the grant referred to under section 84.1 by way of a special assessment against a class, sub-class, group, sub-group or employer.

Section 84.1 added

44          The following is added after section 84:

Grant to government for expenses

84.1(1)     Subject to subsection (2), the board shall make a grant from the accident fund to the Government of Manitoba in an amount determined by the Lieutenant Governor in Council to assist in defraying the reasonable expenses properly incurred by the Government of Manitoba in its administration of The Workplace Safety and Health Act and the reasonable expenses of worker advisers and employees appointed under subsection 108(1).

Annual increase in grant

84.1(2)     The amount of the grant referred to in subsection (1) shall not be increased in any year by more than the increase in the board's total costs for the year over such costs for the previous year, as set out in the annual report of the board.

Subsection 85(2) amended

45          Subsection 85(2) is amended by striking out "Where default is made in the payment of any assessment or any part of it, the board may issue a certificate stating that the assessment was made, the amount remaining unpaid on account of it, and the person" and substituting "Where default is made in any payment required to be paid to the board under this Act, including an assessment or any part of an assessment, the board may issue a certificate stating that the amount is required to be paid to the board, the amount owing, and".

Section 85.2 added

46          The following is added after section 85.1:

Liability of directors for money owing

85.2(1)     Where an employer who defaults in the payment of money to the board under this Act is a corporation, a director of the corporation at the time the amount is due, other than a director elected pursuant to a collective agreement that entitles the workers employed by the corporation to have representation on the board of directors, is jointly and severally liable with the corporation to pay to the board any amount owing in excess of $1,000., and section 85 applies to a director of a corporation as if the director were the employer.

Contribution by other directors

85.2(2)     A director who satisfies a claim under this section is entitled to contribution from other directors liable for the claim.

Subsection 86(1) amended

47(1)       Subsection 86(1) is amended by striking out "by regulation or by the board" and substituting "by the board by regulation".

Subsection 86(2) amended

47(2)       Subsection 86(2) is amended by striking out "by regulation or by the board" and substituting "by the board by regulation".

Section 87 amended

48          Section 87 is amended by adding ", sub-class, group or sub-group" after "class".

Subsection 88(1) amended

49(1)       Subsection 88(1) is amended by striking out "industry" and substituting "employer".

Subsection 88(2) amended

49(2)       Subsection 88(2) is amended

(a) in the heading preceding it, by striking out "industry" and substituting "undertaking";

(b) by striking out "Where in any industry a change of ownership or employership has occurred," and substituting "Where a change of ownership occurs in respect of an employer's undertaking, or an individual plant or department thereof,".

Section 93 amended

50          Section 93 is amended by striking out "the Part" and substituting "this Part".

Section 94 rep. and sub.

51          Section 94 is repealed and the following is substituted:

Accounting system and inspection

94(1)       The board shall establish and maintain an accounting system satisfactory to the Minister of Finance who may, at any time, inspect the accounting records and advise the board on accounting and other financial matters.

Investment of excess funds

94(2)       The board shall cause money in the accident fund in excess of current requirements to be invested in securities authorized under The Trustee Act as directed by the investment committee.

Board may acquire property

94(3)       The board may acquire property of any kind, including real property, by purchase, gift or otherwise and may sell, lease or otherwise dispose of property.

Purchase, lease, or construction of administrative offices

94(4)       The board shall not acquire, lease or sell real property with a capital value in the excess of $1,000,000. for the use or occupancy of the board or construct a building with a capital value in excess of $1,000,000. for the use or occupancy of the board without the approval of the Lieutenant Governor in Council.

Title to real property

94(5)       The title to real property acquired by the board shall be held in the name of the board.

Subsection 97(1) amended

52          Subsection 97(1) is amended by striking out "not exceeding in aggregate the sum of $6,000,000. of principal outstanding at any one time,".

Subsection 101(1) amended

53(1)       Subsection 101(1) is amended

(a) by adding "and no agent appointed under section 109.5" after "commission appointed under this Part,";

(b) by adding "or her" after "by him";

(c) by adding "or her" after "his", wherever it occurs;

(d) by striking out "in respect thereof".

Subsections 101(1.1) to (1.7) added

53(2)       The following is added after subsection 101(1):

Information for reconsideration, appeal

101(1.1)    Notwithstanding subsection (1) and section 20.1 (medical reports), a worker or dependent of a deceased worker, or the agent of either of them, who is a party to a reconsideration of a decision by the board or an appeal to the appeal commission, may examine and copy all documents in the board's possession respecting the claim of the worker or the dependent.

Employer's access to information

101(1.2)    Notwithstanding subsection (1) and section 20.1 (medical reports), an employer or the agent of the employer by the board who is a party to a reconsideration of a decision by the board or an appeal to the appeal commission may examine and copy such documents in the board's possession as the board considers relevant to an issue in the reconsideration or appeal and the information shall not be used for any purpose other than a reconsideration or appeal under this Act, except with the approval of the board.

Application of subsections 101(1.1) and (1.2)

101(1.3)    Subsections (1.1) and (1.2) apply to documents received by the board after the day on which this section comes into force.

Notice of request for access

101(1.4)    Before granting the employer or the agent of the employer access to the documents under subsection (1.2), the board shall notify the worker or claimant of the documents it considers relevant and permit written objections to be made within a period of time determined by the board and, after considering the objections, the board may refuse access to the documents or may permit access to the documents with or without conditions.

Review of decision by C.A.C.

101(1.5)    A person referred to in subsection (1.1) or (1.2) may apply to the Chief Appeal Commissioner to review a decision of the board under subsection (1.2) and the decision of the Chief Appeal Commissioner thereon is final and conclusive except where a panel, in hearing the main appeal, determines a document to be relevant to an issue in that appeal, in which case the person referred to in subsection (1.2) may examine and copy the document.

Board may charge fee for copy

101(1.6)    The board may fix a fee for providing copies of documents under subsections (1.1) and (1.2).

Copy of documents without charge

101(1.7)    Notwithstanding subsection (1.6), a person referred to in subsection (1.1) is entitled upon request to one copy of the documents under subsection (1.1) without charge, where the claim is denied by the board or there is an appeal to the appeal commission.

Subsection 101(2) amended

53(3)       Subsection 101(2) is amended by adding "and section 20.1 (medical reports)" after "Notwithstanding subsection (1)".

Subsection 101(7) amended

53(4)       Subsection 101(7) is amended by striking out "any provisions of subsection (1)" and substituting "subsection (1) or (1.2)".

Section 104 rep. and sub.

54          Section 104 is repealed and the following is substituted:

Definition of "security interest"

104(1)      In this section, "security interest" includes a security interest, as defined in The Personal Property Security Act, and a mortgage, debenture, hypothec, lien, pledge, charge, deemed or actual trust, assignment, encumbrance or claim of any kind, however or whenever created or provided for.

Board's charge on employer's property

104(2)      Where an employer owes money to the board under this Act, the board has a fixed and specific lien and charge for the amount owing on the real property and personal property of the employer or in which the employer has rights, or on the proceeds of such property within the province, whether acquired before or after the amount becomes owing to the board.

Priority of board's charge

104(3)      Notwithstanding any other Act, including The Personal Property Security Act, a lien and charge under subsection (2) has priority over the security interest of any person, including the Crown, except

(a) wages owing by the employer to a worker of the employer; and

(b) a perfected purchase money security interest that was perfected at the time the debtor obtained possession of the collateral or within 10 days thereafter.

Exception for inventory

104(4)      Notwithstanding subsection (3), a purchaser or lessee of inventory from an employer who sells or leases the inventory in the ordinary course of business takes free from the lien and charge of the board under subsection (2).

Registration of statement in L.T.O.

104.1(1)    Notwithstanding subsection 104(3), where an employer who owes money to the board under this Act has an estate or interest in land, the board may register in a Land Titles Office a statement setting out the address for service of the board, the full name of the employer, and the legal description of the specific land to be charged and certifying the amount owed to the board.

Effect of registration

104.1(2)    Notwithstanding subsection 104(3), from the time of the registration of a statement under subsection (1), the amount certified in the statement is a fixed and specific lien and charge on the employer's estate or interest in the land and is enforceable as if it were a certificate of judgment under The Judgments Act.

Heading preceding section 105 repealed

55          The heading "INDUSTRIAL DISEASE" preceding section 105 is repealed.

Section 105 rep. and sub.

56          Section 105 is repealed and the following is substituted:

Allocation of cost of occupational disease

105         Where an occupational disease is contracted gradually, the board may allocate, in such manner as it considers fair and just, the cost of a claim among employers who have employed the worker in the employment to which the board determines the occupational disease is due.

Section 106 repealed.

57          Section 106 is repealed.

Subsection 108(3) repealed

58          Subsection 108(3) is repealed.

Sections 109.4 to 109.6 added

59          The following is added after section 109.3:

Commutation of past pensions

109.4       Where periodic payments being paid to a worker for a permanent disability in respect of an accident happening before the day this section comes into force are less than an amount that the board may prescribe by regulation, the board may pay to the worker, instead of periodic payments, a lump sum that the board considers to be equivalent to the periodic payment in settlement of the worker's claim, and the settlement is final in respect of the condition of the worker attributable to the accident as the condition is known at the time the payment is made.

Board may delegate to agent

109.5(1)    The board may delegate its powers under this Act to an agent or local representative for the purpose of

(a) receiving applications for compensation, reports of accidents, physicians' reports and such other proofs of claim as the board requires;

(b) determining entitlement to wage loss benefits;

(c) calculating the loss of earning capacity of a worker;

(d) calculating the wage loss benefits payable to a worker;

(e) paying compensation to workers or their dependents on behalf of the board; or

(f) such other matters as the board may determine.

Nature of delegation

109.5(2)    The delegation of authority under subsection (1) may be general with respect to a particular class of workers or may be limited according to the type of accident, the employer, or the nature of the injury.

Agent's access to information

109.5(3)    The board may authorize the manner and extent of access to information in the possession of the board by an agent or local representative appointed under subsection (1).

Request for reconsideration by board

109.5(4)    A person who has a direct interest in a decision made under subsection (1) may request that the board reconsider the decision under subsection 60.1(2).

Expenses paid from accident fund

109.5(5)    The board may make expenditures from the accident fund for the purpose of this section, including the payment of fees and disbursements to agents or local representatives.

Item 52 of Schedule rep. and sub.

60          Item 52 of the Schedule is repealed and the following is substituted:

52 The employment of a person for more than 24 hours a week in domestic service, or as a sitter or companion to attend primarily to the needs of a child or an aged, infirm or ill member of the household.

Application of Act

61          Except where otherwise stated, this Act applies to accidents that happen on or after the day it comes into force.

CONSEQUENTIAL AMENDMENTS

The Freedom of Information Act

C.C.S.M. c. F175 amended

62(1)       The Freedom of Information Act is amended by this section.

Clause 66(b) rep. and sub.

62(2)       Clause 66(b) is repealed and the following is substituted:

(b) subsections 101(1.1) and (1.2) of The Workers Compensation Act.

The Garnishment Act

C.C.S.M. c. G20 amended

63(1)       The Garnishment Act is amended by this section.

Subsection 14(4) amended

63(2)       Subsection 14(4) is amended by striking out "and includes any benefit payable under The Workers Compensation Act".

The Health Services Insurance Act

C.C.S.M. c. H35 amended

64(1)       The Health Services Insurance Act is amended by this section.

Clause 72(d) added

64(2)       Section 72 is amended by striking out "and" at the end of clause (b), by adding "and" at the end of clause (c) and by adding the following after clause (c):

(d) information respecting the utilization of medical services, hospital services, dental services and other health services by a worker or workers, as defined in The Workers Compensation Act, to The Workers Compensation Board.

Section 75.1 added

64(3)       The following is added after section 75:

Agreements with Workers Compensation Board

75.1        The commission may enter into agreements with The Workers Compensation Board respecting methods of payment by the commission or The Workers Compensation Board of the costs of medical aid provided under The Workers Compensation Act.

The Workplace Safety and Health Act

C.C.S.M. W210 amended

65(1)       The Workplace Safety and Health Act is amended by this section.

Subsection 11(1) repealed

65(2)       Subsection 11(1) is repealed.

Subsection 11(2) amended

65(3)       Subsection 11(2) is amended by striking out "Notwithstanding the provisions of subsection (1), to" and substituting "To".

COMING INTO FORCE

Coming into force: January 1, 1992

66(1)       Subject to subsection (2), this Act comes into force on January1,1992.

Coming into force: January 1, 1995

66(2)       The following provisions, as enacted under section 21 of this Act, come into force on January 1, 1995:  clause 41(1)(b), and subsections 41(5) and (6).