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The Manitoba Public Insurance Corporation Amendment and Consequential Amendments Act

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S.M. 1993, c. 36

The Manitoba Public Insurance Corporation Amendment and Consequential Amendments Act

(Assented to July 27, 1993)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P215 amended

1           The Manitoba Public Insurance Corporation Act is amended by this Act.

2           Subsection 1(1) is amended

(a) in the definition "benefits", by adding "provided under Part 2 or" after "means benefits"; and

(b) by repealing clause (c) in the definition "motor vehicle" and substituting the following:

(c) motorized mobility aid, as that term is defined in The Highway Traffic Act; or

3           The following is added after subsection 1(3):

PART 1

CORPORATE ORGANIZATION, COVERAGE, BENEFITS AND MISCELLANEOUS PROVISIONS

4(1)        Subsection 30(1) is amended by striking out "or" at the end of clause (a), and by adding the following after clause (b):

(c) to universal bodily injury compensation provided under Part 2; or

(d) to the corporation in respect of universal bodily injury compensation provided under Part 2.

4(2)        The following is added after subsection 30(2):

Application of Insurance Act to Part 2

30(2.1)     The Lieutenant Governor in Council may order that any provision of The Insurance Act applies

(a) to universal bodily injury compensation provided under Part 2; and

(b) to the corporation in respect of universal bodily injury compensation provided under Part 2;

and thereupon that provision of The Insurance Act applies to universal bodily injury compensation provided under Part 2 and to the corporation in respect of universal bodily injury compensation provided under Part 2.

5           The following is added after section 69:

PART 2

UNIVERSAL BODILY INJURY COMPENSATION

Definitions

70(1)       In this Part,

"accident" means any event in which bodily injury is caused by an automobile; (« accident »)

"automobile" means a vehicle not run upon rails that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires; (« automobile »)

"bodily injury" means any physical or mental injury, including permanent physical or mental impairment and death; (« dommage corporel »)

"bodily injury caused by an automobile" means any bodily injury caused by an automobile, by the use of an automobile, or by a load, including bodily injury caused by a trailer used with an automobile, but not including bodily injury caused

(a) by the autonomous act of an animal that is part of the load, or

(b) because of an action performed by the victim in connection with the maintenance, repair, alteration or improvement of an automobile; (« dommage corporel causé par une automobile »)

"child of a victim" means a person related to a victim as a child by blood or adoption or to whom a victim stands in loco parentis at the time of the accident; (« enfant de la victime »)

"claimant" means a person who applies for compensation under this Part; (« demandeur »)

"commission" means the Automobile Injury Compensation Appeal Commission established under section 175; (« Commission »)

"dependant" means

(a) the spouse,

(b) the person who is married to the victim but separated from him or her de facto or legally,

(c) a person whose marriage to the victim has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage, and who, at the time of the accident, is entitled to receive support from the victim under a judgment or agreement,

(d) a child of the victim

(i) who was under the age of 18 years at the time of the accident, or

(ii) who was substantially dependant on the victim at the time of the accident, and

(e) a parent of the victim who was substantially dependant on the victim at the time of the accident; (« persone à charge »)

"employment" means any remunerative occupation; (« emploi »)

"full-time earner" means a victim who, at the time of the accident, holds a regular employment on a full-time basis, but does not include a minor or student; (« soutien de famille à temps plein »)

"load" means any property carried in or on an automobile; (« chargement »)

"minor" means a victim who is under 16 years of age at the time of the accident; (« mineur »)

"non-earner" means a victim who, at the time of the accident, is not employed but who is able to work, but does not include a minor or student; (« non-soutien de famille »)

"parent of a victim" means a person related to a victim as a parent by blood or adoption or who stands in loco parentis to a victim at the time of the accident; (« mère ou père de la victime »)

"part-time earner" means a victim who, at the time of the accident, holds a regular employment on a part-time basis, but does not include a minor or a student; (« soutien de famille à temps partiel »)

"prescribed" means prescribed by a regulation made under this Act;

"spouse" means a person who, at the time of the accident, is married to and cohabits with the victim, or a person of the opposite sex who has cohabited with the victim in a conjugal relationship

(a) continuously for a period of not less than five years immediately preceding the accident, or

(b) for a period of not less than one year immediately preceding the accident, and there is a child of the union; (« conjoint »)

"student" means a victim who is 16 years of age or older and attending a secondary or post-secondary educational institution on a full-time basis at the time of the accident; (« étudiant »)

"temporary earner" means a victim who, at the time of the accident, holds a regular employment on a temporary basis, but does not include a minor or a student; (« soutien de famille temporaire »)

"victim" means a person who suffers bodily injury in an accident. (« victime »)

Meaning of "industrial average wage"

70(2)        In this Part, "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 corporation shall by regulation determine an amount that in its opinion represents the industrial average wage for Manitoba for that month and, under clause (b), for each month remaining in that year.

DIVISION 1

GENERAL PROVISIONS

Application of Part 2

71(1)       This Part applies to any bodily injury suffered by a victim in an accident that occurs on or after March 1, 1994.

Bodily injury to which Part 2 does not apply

71(2)       Notwithstanding subsection (1), this Part does not apply to bodily injury that is

(a) caused, while the automobile is not in motion on a highway, by, or by the use of, a device that can be operated independently and that is mounted on or attached to the automobile;

(b) the result of an accident that is caused by a farm tractor, other than a farm tractor that is required to be registered as a motor vehicle under subsection 5(6) of The Highway Traffic Act, and that occurs off a highway, unless an automobile in motion is involved in the accident;

(c) caused by

(i) a self-propelled implement of husbandry, as defined in The Highway Traffic Act,

(ii) a motorized mobility aid, as defined in The Highway Traffic Act,

(iii) special mobile machine, as defined in The Highway Traffic Act,

(iv) a snow vehicle, as defined in The Highway Traffic Act, other than a snow vehicle capable of registration under subsection 5(13) of that Act, or

(v) an off-road vehicle as defined in The Off-Road Vehicles Act,

unless an automobile in motion is involved in the accident;

(d) is the result of an automobile contest, show or race on a track or other location temporarily or permanently closed to all other automobile traffic, whether or not the automobile that causes the bodily injury is participating in the race, contest or show.

No tort actions

72          Notwithstanding the provisions of any other Act, compensation under this Part stands in lieu of all rights and remedies arising out of bodily injuries to which this Part applies and no action in that respect may be admitted before any court.

No-fault system

73          Subject to this Part, compensation is payable under this Part by the corporation, regardless of who is responsible for the accident.

Victim resident in Manitoba entitled to compensation

74(1)       Subject to this Part, a victim who is resident in Manitoba at the time of the accident, and any dependant of the victim, is entitled to compensation under this Part if the accident occurs in Canada or the United States.

Owner, driver, passenger are deemed residents

74(2)       Where an automobile that is registered in Manitoba is involved in an accident in Manitoba, the owner, the driver and any passenger in the automobile are deemed to be resident in Manitoba.

Entitlement of non-resident re accident in Manitoba

75(1)       Notwithstanding section 73, a victim, or a dependant of a victim, of an accident that occurs in Manitoba who is not resident in Manitoba is entitled to compensation under this Part

(a) in accordance with any agreement between the corporation and a government or an agency of the government of the place of residence of the victim; or

(b) if no agreement exists, to the extent that the corporation determines the victim is not responsible for the accident.

Court to determine responsibility

75(2)       Notwithstanding sections 72 (no tort actions), 172 (review) and 174, (appeal) a victim, or a dependant of a victim who dies as a result of the accident, who disagrees with the corporation's decision respecting the responsibility of the victim for the accident may appeal the decision to the court within 180 days after receiving written notice of the decision from the corporation.

Entitlement of resident of Manitoba re accident outside Manitoba

76(1)       A person who is entitled to compensation under this Part in respect of an accident that occurred outside Manitoba may, subject to the corporation's right of subrogation under this Act, exercise any right or remedy that he or she has under the law of the place where the accident occurred for compensation in excess of the compensation received under this Part.

Subrogation re accident outside Manitoba

76(2)       Notwithstanding section 72 (no tort actions), where a person is entitled to compensation under this Part in respect of an accident that occurred outside Manitoba, the corporation is subrogated to the person's rights and is entitled to recover the amount of the compensation from any person

(a) who is not resident in Manitoba and is responsible for the accident under the law of the place where the accident occurred; or

(b) who is liable for compensation for bodily injury caused in the accident by the non-resident.

Subrogation re accident in Manitoba involving non-resident

77(1)       Notwithstanding section 72 (no tort actions), where a person is entitled to compensation under this Part in respect of an accident that occurred in Manitoba, the corporation is subrogated to the person's rights and is entitled to recover the amount of the compensation

(a) from any person who is not resident in Manitoba, to the extent that the person is responsible for the accident; or

(b) from any other person who is liable for compensation for bodily injury caused in the accident by the person referred to in clause (a), to the extent that the person referred to in clause (a) is responsible for the accident.

Limitation of action

77(2)       An action by the corporation under this section shall be commenced within two years after the day on which the corporation decides that compensation is payable to the person.

Entitlement to recover from non-residents under other Acts

78          Notwithstanding section 72 (no tort actions), where a person receives compensation under The Workers Compensation Act, The Criminal Injuries Compensation Act or The Health Services Act in respect of bodily injury caused by an automobile, the body that authorizes the compensation is entitled to recover any amount that it would be entitled to recover under its Act

(a) from any person who is not resident in Manitoba, to the extent that the person is responsible for the accident; or

(b) from any other person who is liable for compensation for bodily injury caused in the accident by the person referred to in clause (a), to the extent that the person referred to in clause (a) is responsible for the accident.

No compensation to victim who intends accident

79(1)       No compensation is payable under this Part to a victim, or any dependant of the victim, in respect of bodily injury to the victim that is the result of an accident that was wilfully caused by the victim.

No compensation to dependant causing bodily injury

79(2)       A dependant is not entitled to compensation in respect of an accident in which the bodily injury suffered by the victim was wilfully caused by the dependant.

Appeal of corporation's decision

79(3)       Notwithstanding sections 72 (no tort claims), 172 (review) and 174 (appeal), a victim or a dependant of a victim who disagrees with the corporation's decision under subsection (1) or (2) may appeal the decision to the court within 180 days after receiving written notice of the decision from the corporation.

Certain provisions in Part 1 not applicable

80          Except where the corporation has a right of subrogation under section 76 (accidents outside the province involving residents) or 77 (accidents within the province involving non-residents), the following provisions of Part 1 do not apply to Part 2:

(a) section 21 (action for recovery of benefits);

(b) section 22 (relief from forfeiture);

(c) section 23 (proof of intoxication);

(d) section 25 (waiver of term or condition by corporation);

(e) section 26 (subrogation);

(f) subsections 33(2) (condition precedent) and (3) (exclusion of non-residents);

(g) section 34 (limitation of actions);

(h) subsections 36(2) to (4) (actions in other provinces);

(i) section 37 (forfeiture);

(j) section 38 (reduction of liability);

(k) section 39 (uninsured motor vehicle);

(l) section 40 (third party rights);

(m) section 41 (corporation to receive notice of action);

(n) section 42 (unnamed insured);

(o) subsection 45(1) (government of Canada motor vehicles);

(p) section 46 (right to sue for deductible);

(q) sections 51 (medical reports) and 52 (reports from employers);

(r) section 61 (release);

(s) section 64 (finality of court decision re fault).

DIVISION 2

INCOME REPLACEMENT INDEMNITY AND INDEMNITIES FOR STUDENTS AND MINORS

SUBDIVISION 1

ENTITLEMENT

Full-Time Earners

Entitlement to I.R.I.

81(1)       A full-time earner is entitled to an income replacement indemnity if any of the following occurs as a result of the accident:

(a) he or she is unable to continue the full-time employment;

(b) the full-time earner is unable to continue any other employment that he or she held, in addition to the full-time regular employment, at the time of the accident;

(c) the full-time earner is deprived of a benefit under the Unemployment Insurance Act (Canada) or the National Training Act (Canada) to which he or she was entitled at the time of the accident.

Determination of I.R.I. for full-time earner

81(2)       The corporation shall determine the income replacement indemnity for a full-time earner on the following basis:

(a) under clauses (1)(a) and (b), if at the time of the accident

(i) the full-time earner holds an employment as a salaried worker, on the basis of the gross income the full-time earner earned from the employment,

(ii) the full-time earner is self-employed, on the basis of the gross income determined in accordance with the regulations for an employment of the same class, or the gross income the full-time earner earned from his or her employment, whichever is the greater, and

(iii) the full-time earner holds more than one employment, on the basis of the gross income earned from all employment that he or she is unable to continue because of the accident;

(b) under clause (1)(c), the benefit that would have been paid to the full-time earner.

Benefit under clause (1)(c) is part of gross income

81(3)       For the purpose of section 112 (determination of net income), the gross income of a full-time earner includes any benefit under clause (1)(c) to which the full-time earner would have been entitled at the time of the accident.

I.R.I. based on more remunerative employment

82(1)       Subject to subsection (2), where the corporation is satisfied that a full-time earner who is entitled to an income replacement indemnity would have held a more remunerative employment at the time of the accident but for special circumstances, the full-time earner is entitled to receive an income replacement indemnity determined on the basis of the gross income for that employment.

Employment to be compatible with earner's ability

82(2)       The employment referred to in subsection (1) must be regular full-time employment that is compatible with the training, experience and physical and intellectual abilities of the full-time earner immediately before the accident.

Temporary Earners and Part-Time Earners

Entitlement to I.R.I. for first 180 days

83(1)       A temporary earner or part-time earner is entitled to an income replacement indemnity for any time, during the first 180 days after an accident, that the following occurs as a result of the accident:

(a) he or she is unable to continue the employment or to hold an employment that he or she would have held during that period if the accident had not occurred;

(b) he or she is deprived of a benefit under the Unemployment Insurance Act (Canada) or the National Training Act (Canada) to which he or she was entitled at the time of the accident.

Basis for determining I.R.I. for temporary earner or part-time earner

83(2)       The corporation shall determine the income replacement indemnity for a temporary earner or part-time earner on the following basis:

(a) under clause (1)(a), if at the time of the accident

(i) the temporary earner or part-time earner holds or would have held employment as a salaried worker, the gross income that he or she earned or would have earned from the employment,

(ii) the temporary earner or part-time earner is or would have been self-employed, the gross income determined in accordance with the regulations for an employment of the same class, or the gross income that he or she earned or would have earned from the employment, whichever is the greater, and

(iii) the temporary earner or part-time earner holds or would have held more than one employment, the gross income earned or would have earned from all employment that he or she is unable to continue because of the accident;

(b) under clause (1)(b), the benefit that would have been paid to the temporary earner or part-time earner.

Benefit under clause (1)(b) is part of gross income

83(3)       For the purpose of section 112 (determination of net income), the gross income of a temporary earner or part-time earner includes any benefit under clause (1)(b) to which the temporary earner or part-time earner would have been entitled at the time of the accident.

Entitlement to I.R.I. after first 180 days

84(1)       For the purpose of compensation from the 181st day after the accident, the corporation shall determine an employment for the temporary earner or part-time earner in accordance with section 106, and the temporary earner or part-time earner is entitled to an income replacement indemnity if he or she is not able because of the accident to hold the employment, and the income replacement indemnity shall be not less than any income replacement indemnity the temporary earner or part-time earner was receiving during the first 180 days after the accident.

Where victim held several employments

84(2)       If the temporary earner or part-time earner held more than one employment immediately before the accident, the corporation shall determine only one employment under section 106.

Determination of I.R.I.

84(3)       The corporation shall determine the income replacement indemnity referred to in subsection (1) on the basis of the gross income that the corporation determines the victim could have earned from the employment, considering

(a) whether the victim could have held the employment on a full-time or part-time basis;

(b) the work experience and earnings of the victim in the five years before the accident; and

(c) the regulations.

Care expenses

84(4)       Subsection (1) does not apply to a victim entitled to an indemnity for care expenses under section 132.

Non-Earners

Entitlement to I.R.I. for first 180 days

85(1)       A non-earner is entitled to an income replacement indemnity for any time during the 180 days after an accident that the following occurs as a result of the accident:

(a) he or she is unable to hold an employment that he or she would have held during that period if the accident had not occurred;

(b) he or she is deprived of a benefit under the Unemployment Insurance Act (Canada) or the National Training Act (Canada) to which he or she was entitled at the time of the accident.

Non-earner entitled to greater I.R.I.

85(2)       During such time as a non-earner is entitled under both clauses (1)(a) and (b), he or she is entitled to whichever income replacement indemnity is the greater.

Basis for determining I.R.I. for non-earner

85(3)       The corporation shall determine the income replacement indemnity for a non-earner on the following basis:

(a) under clause (1)(a), the gross income the non-earner would have earned from the employment;

(b) under clause (1)(b), the benefit that would have been paid to the non-earner.

Benefit under clause (1)(b) is part of gross income

85(4)       For the purpose of section 112 (determination of net income), the gross income of a non-earner includes any benefit under clause (1)(b) to which the non-earner would have been entitled at the time of the accident.

Entitlement to I.R.I. after first 180 days

86(1)       For the purpose of compensation from the 181st day after the accident, the corporation shall determine an employment for the non-earner in accordance with section 106, and the non-earner is entitled to an income replacement indemnity if he or she is not able because of the accident to hold the employment, and the income replacement indemnity shall be not less than any income replacement indemnity the non-earner was receiving during the first 180 days after the accident.

Determination of I.R.I.

86(2)       The corporation shall determine the income replacement indemnity referred to in subsection (1) on the basis of the gross income that the corporation determines the victim could have earned from the employment, considering

(a) whether the victim could have held the employment on a full-time or part-time basis;

(b) the work experience and earnings of the victim in the five years before the accident; and

(c) the regulations.

Students

Interpretation of sections 87 to 92

87(1)       For the purpose of sections 87 to 92 (students),

"current studies" means studies that are part of a program of studies at the secondary level or post-secondary level that, at the time of the accident, the student has admission to begin or continue at an educational institution; (« études »)

"secondary level" means Grades IX to XII; (« niveau secondaire »)

"school year" at the secondary level means the period commencing July 1 and ending on June 30 in the following year. (« année scolaire »)

Student at secondary, post-secondary institution

87(2)       For the purpose of sections 87 to 92 (students), a student is considered to be attending a secondary or post-secondary educational institution on a full-time basis from the day the student is admitted by the educational institution as a full-time student in a program of that level until the day the student completes, abandons or is expelled from his or her current studies, or no longer meets the requirements of the educational institution.

Student entitled to fixed indemnity

88(1)       A student is entitled to an indemnity for the time that he or she is unable because of the accident to begin or to continue his or her current studies, and the entitlement ceases on the day that is scheduled, at the time of the accident, for the completion of the current studies.

Amount of indemnity

88(2)       The indemnity referred to in subsection (1) is

(a) $6,300. for each school year not completed at the secondary level;

(b) $6,300. for each term not completed at the post-secondary level, to a maximum of $12,600. per year.

Entitlement to I.R.I.

89(1)       A student is entitled to an income replacement indemnity for any time after an accident that the following occurs as a result of the accident:

(a) he or she is unable to hold an employment that he or she would have held during that period if the accident had not occurred;

(b) he or she is deprived of a benefit under the Unemployment Insurance Act (Canada) or the National Training Act (Canada) to which he or she was entitled at the time of the accident.

Determination of I.R.I.

89(2)       The corporation shall determine the indemnity to which the student is entitled on the following basis:

(a) under clause (1)(a), if at the time of the accident

(i) the student holds or could have held an employment as a salaried worker, the gross income the student earned or would have earned from the employment,

(ii) the student is or could have been self-employed, the gross income that is determined in accordance with the regulations for an employment of the same class, or that the student earned or would have earned from the employment, whichever is the greater, and

(iii) the student holds or could have held more than one employment, the gross income the student earned or would have earned from all employment that he or she is unable to hold because of the accident;

(b) under clause (1)(b), the benefit that would have been paid to the student.

Benefit under clause (1)(b) is part of gross income

89(3)       For the purpose of section 112 (determination of net income), the gross income of a student includes any benefit under clause (1)(b) to which the student would have been entitled at the time of the accident.

I.R.I. for student unable to begin or resume studies

90(1)       A student who, after the day scheduled at the time of the accident for completion of his or her current studies, is unable because of the accident to begin or to continue the studies or to hold employment, is entitled to an income replacement indemnity for as long as he or she is unable to hold employment because of the accident.

Determination of I.R.I.

90(2)       The corporation shall determine the income replacement indemnity of the student on the basis of a gross income equal to a yearly average computed on the basis of the industrial average wage for each of the 12 months preceding July 1 of the year before the scheduled day of completion of his or her current studies.

Indemnity for student able to begin or resume studies

91(1)       A student who resumes his or her current studies but who is unable because of the accident to hold employment after completing or ending the current studies is entitled to an indemnity from the day of the end of his or her studies and for such time as the student is unable to hold employment because of the accident.

Amount of indemnity

91(2)       A student whose current studies end before the day that was scheduled for their completion at the time of the accident is entitled to the following indemnities:

(a) until the scheduled day, an indemnity of

(i) $6,300. for each school year not completed at the secondary level,

(ii) $6,300. for each term not completed at the post-secondary level, to a maximum of $12,600. per year;

(b) after the scheduled day, to the income replacement indemnity provided for in subsection (3).

Amount of indemnity after scheduled end of studies

91(3)       A student whose studies end on or after the scheduled day is entitled to an income replacement indemnity computed on the basis of the industrial average wage for each of the 12 months before July 1 that precedes the day on which his or her studies end.

Student entitled to greater I.R.I.

92          A student who is entitled to an income replacement indemnity under section 89 and under section 90 or 91 shall receive whichever is the greater.

Minors

Interpretation of sections 94 to 98

93          For the purpose of sections 94 to 98 (minors),

(a) a school year begins on July 1 in one year and ends on June 30 in the following year; and

(b) the elementary level is kindergarten to Grade VIII.

Minor entitled to fixed indemnity

94          A minor is entitled to an indemnity from the time the minor is unable to begin or continue studies at an educational institution because of the accident until not later than the end of the school year in which the minor reaches 16 years of age, in the following amounts:

(a) $3,400 for each school year not completed at the elementary level;

(b) $6,300. for each school year not completed at the secondary level.

Entitlement to I.R.I.

95(1)       A minor is entitled to an income replacement indemnity for any time after an accident that the following occurs as a result of the accident:

(a) he or she is unable to hold an employment that he or she would have held during that period if the accident had not occurred;

(b) he or she is deprived of a benefit under the Unemployment Insurance Act (Canada) to which he or she was entitled at the time of the accident.

Determination of I.R.I.

95(2)       The corporation shall determine the indemnity to which the minor is entitled on the following basis:

(a) under clause (1)(a),

(i) if the minor holds or could have held an employment as a salaried worker, the gross income the minor earned or would have earned from the employment,

(ii) if the minor is or could have been self-employed, the gross income that is determined in accordance with the regulations for an employment of the same class, or that the minor earned or would have earned from the employment, whichever is the greater, and

(iii) if the minor holds or could have held more than one employment, the gross income the minor earned or would have earned from all employment that he or she is unable to hold because of the accident;

(b) under clause (1)(b), the benefit that would have been paid to the minor.

Benefit under clause (1)(b) is part of gross income

95(3)       For the purpose of section 112 (determination of net income), the gross income of a minor includes any benefit under clause (1)(b) to which the minor would have been entitled at the time of the accident.

I.R.I. for minor unable to begin or resume studies

96(1)       A minor who, from the end of the school year in which he or she reaches 16 years of age, is unable because of the accident to begin or to continue his or her studies and to hold employment is entitled to an income replacement indemnity for such time as the minor remains unable to hold employment because of the accident.

Determination of I.R.I.

96(2)       The corporation shall determine the income replacement indemnity on the basis of a gross income equal to a yearly average computed on the basis of the industrial average wage for each of the 12 months preceding July 1 of the year before the end of the school year during which the minor reaches 16 years of age.

Indemnity for minor able to begin or resume studies

97(1)       A minor who resumes his or her studies after the accident but who, because of the accident, is unable to hold employment after completing or ending his or her studies is entitled to an indemnity from the end of those studies and for such time as the minor remains unable to hold employment because of the accident.

Amount of indemnity

97(2)        If a minor's studies end before the day on which they were scheduled to be completed at the time of the accident, the minor is entitled

(a) until the day scheduled as the day of the end of his or her studies, to an indemnity of

(i) $3,400. for each school year not completed at the elementary level,

(ii) $6,300. for each school year not completed at the secondary level;

(b) after the day scheduled as the day of the end of his or her studies, to the income replacement indemnity provided for in subsection (3).

Amount of indemnity after scheduled end of studies

97(3)       A minor whose studies end on or after the scheduled day is entitled to an income replacement indemnity computed on the basis of a gross income equal to a yearly average computed on the basis of the industrial average wage for each of the 12 months preceding July 1 of the school year in which his or her studies end.

Minor entitled to greater I.R.I.

98          A minor who is entitled to an income replacement indemnity under section 95 and under section 96 or 97 shall receive whichever is the greater.

Victims Aged 65 or Older At Time of Accident

Application of certain provisions

99          Sections 81 to 98 and section 104 do not apply to a victim who is 65 years of age or older on the day of the accident.

Reduced I.R.I. if victim is 65 years or older

100(1)      An income replacement indemnity payable to a victim who is 65 years of age or older on the day of the accident shall be reduced by 25% for the second year following the day of the accident, by 50% for the third year following the accident, and by 75% for the fourth year following the accident.

I.R.I. ends four years after accident

100(2)      The victim ceases to be entitled to the income replacement indemnity four years after the day of the accident.

Unemployed victim 66 years of age or older

101         Subject to section 102, a victim who, on the day of the accident, is 66 years of age or older and does not hold employment is not entitled to an income replacement indemnity.

Entitlement to I.R.I. for first 180 days

102(1)      A victim who is 66 years of age or older is entitled to an income replacement indemnity for any time during the first 180 days after an accident that the following occurs as a result of the accident:

(a) he or she is unable to hold employment that he or she would have held during that period if the accident had not occurred;

(b) he or she is deprived of a benefit under the Unemployment Insurance Act (Canada) or the National Training Act (Canada) to which he or she was entitled at the time of the accident.

Determination of I.R.I.

102(2)      The corporation shall determine the income replacement indemnity to which a victim is entitled on the following basis:

(a) under clause (1)(a), the gross income the victim would have earned, determined on the basis set out in clause 83(2)(a);

(b) under clause (1)(b), the benefit that would have been paid to the victim.

Benefit under clause (1)(b) is part of gross income

102(3)      For the purpose of section 112 (determination of net income), the gross income of a victim includes any benefit under clause (1)(b) to which the victim would have been entitled at the time of the accident.

Victim entitled to greater I.R.I.

102(4)      A victim who is entitled to an income replacement indemnity under clauses (1)(a) and (b) shall receive whichever is the greater.

Entitlement to I.R.I. after first 180 days

103         Subject to section 100, the victim is entitled from the 181st day after the accident to an income replacement indemnity determined in accordance with section 84.

Income Replacement Indemnity From Age 66

Payable I.R.I. is reduced from age 66 to 68

104(1)      An income replacement indemnity payable to a victim under this Division shall be reduced by 25% when the victim reaches 66 years of age, by 50% when the victim reaches 67 years of age, and by 75% when the victim reaches 68 years of age.

I.R.I. ends at age 69

104(2)      A victim ceases to be entitled to an income replacement indemnity when he or she reaches 69 years of age.

Persons Incapable of Employment

No entitlement to I.R.I.

105         Notwithstanding sections 81 to 103, a victim who is regularly incapable before the accident of holding employment for any reason except age is not entitled to an income replacement indemnity.

SUBDIVISION 2

DETERMINATION OF AN EMPLOYMENT FOR A VICTIM

Factors for determining an employment

106(1)      Where the corporation is required under this Part to determine an employment for a victim from the 181st day after the accident, the corporation shall consider the regulations and the education, training, work experience and physical and intellectual abilities of the victim immediately before the accident.

Type of employment

106(2)      An employment determined by the corporation must be an employment that the victim could have held on a regular and full-time basis or, where that would not have been possible, on a part-time basis immediately before the accident.

New determination after second anniversary of accident

107         From the second anniversary date of an accident, the corporation may determine an employment for a victim of the accident who is able to work but who is unable because of the accident to hold the employment referred to in section 81 (full time or additional employment) or section 82 (more remunerative employment), or determined under section 106.

New determination for student or minor after end of current studies

108         The corporation may determine an employment for a student or minor at any time from the scheduled day of the end of the victim's current studies if he or she is able to work but unable because of the accident to hold an employment from which the gross income is equal to or greater than the gross income that would have applied to the victim under section 90, 91, 96 or 97 if the victim had been unable to hold employment because of the accident.

Considerations under section 107 or 108

109(1)      In determining an employment under section 107 or 108, the corporation shall consider the following:

(a) the education, training, work experience and physical and intellectual abilities of the victim at the time of the determination;

(b) any knowledge or skill acquired by the victim in a rehabilitation program approved under this Part;

(c) the regulations.

Type of employment

109(2)      An employment determined by the corporation must be

(a) normally available in the region in which the victim resides; and

(b) employment that the victim is able to hold on a regular and full-time basis or, where that is not possible, on a part-time basis.

SUBDIVISION 3

END OF ENTITLEMENT TO INCOME REPLACEMENT INDEMNITY

Events that end entitlement to I.R.I.

110(1)      A victim ceases to be entitled to an income replacement indemnity when any of the following occurs:

(a) the victim is able to hold the employment that he or she held at the time of the accident;

(b) the victim is able to hold the employment referred to in subsection 82(1) (more remunerative employment);

(c) the victim is able to hold an employment determined for the victim under section 106;

(d) one year from the day the victim is able to hold employment determined for the victim under section 107 or 108;

(e) the victim holds an employment from which the gross income is equal to or greater than the gross income on which victim's income replacement indemnity is determined;

(f) the expiration of a time that is fixed under Subdivision 1 (sections 81 to 105);

(g) the victim dies.

Temporary continuation of I.R.I. after victim regains capacity

110(2)      Notwithstanding clauses (1)(a) to (c), a full-time earner or a part-time earner who lost his or her employment because of the accident is entitled to continue to receive the income replacement indemnity from the day the victim regains the ability to hold the employment, for the following period of time:

(a) 30 days, if entitlement to an income replacement indemnity lasted for not less than 90 days and not more than 180 days;

(b) 90 days, if entitlement to an income replacement indemnity lasted for more than 180 days but not more than one year;

(c) 180 days, if entitlement to an income replacement indemnity lasted for more than one year but not more than two years;

(d) one year, if entitlement to an income replacement indemnity lasted for more than two years.

SUBDIVISION 4

DETERMINATION OF INDEMNITY

I.R.I. is 90% of net income

111(1)      The income replacement indemnity of a victim under this Division is equal to 90% of his or her net income computed on a yearly basis.

Minimum I.R.I. based on Employment Standards Act

111(2)      Subject to sections 100 (reduced I.R.I. for victim 65 years or older), 104 (reduced I.R.I. from age 66), 115 (I.R.I. for reduced income from determined employment) and 116 (I.R.I. reduction if victim earns reduced income), the income replacement indemnity of a full-time earner or of a victim for whom the corporation determines an employment under section 106 shall not be less than the amount of an income replacement indemnity computed on the basis of a gross yearly employment income determined on the basis of

(a) the minimum wage established under Part II of The Employment Standards Act; and

(b) except in the case of a part-time employment, the standard hours of work set out in subsection 32(1) of that Act, as they are on the day on which they are applied.

Determination of net income

112(1)      A victim's net income is his or her gross yearly employment income, to a maximum of the maximum yearly insurable earnings established under section 114, less an amount determined, in accordance with the regulations, for income tax under The Income Tax Act and the Income Tax Act (Canada), premiums under the Unemployment Insurance Act (Canada) and contributions under the Canada Pension Plan.

Date applicable for computation

112(2)      The Acts mentioned in subsection (1) apply as they are on December 31 of the year before the year for which the corporation determines the net income under this Division.

Deductions to include effect of dependants

113         For the purpose of determining the deductions under section 112, the corporation shall take into account the number of dependants of the victim on the day of the accident.

Maximum yearly insurable earnings for 1994

114(1)      The amount of the maximum yearly insurable earnings for 1994 is $55,000.

Maximum yearly insurable earnings for and from 1995

114(2)      The amount of the maximum yearly insurable earnings for 1995 and each year after 1995 is the result obtained by multiplying the amount of the maximum yearly insurable earnings for 1994 by the ratio between

(a) the sum of the industrial average wage for each of the 12 months before July 1 of the year preceding the year for which the amount of the maximum yearly insurable earnings is computed; and

(b) the same sum for each of the 12 months before July 1, 1993.

Rounding of sum

114(3)      The amount of the maximum yearly insurable earnings determined under subsection (2) shall be rounded to the next highest $500.

Statistics to be used

114(4)      For the purpose of this section, the corporation shall use the most recent data available from Statistics Canada on October 1 of the year before the year for which the amount of the maximum yearly insurable earnings is computed.

I.R.I. for reduced income from determined employment

115         If a victim becomes able to hold employment determined for him or her under section 107 or 108 but, because of bodily injury caused by the accident, earns from the employment a gross income that is less than the gross income used by the corporation to compute the income replacement indemnity that the victim was receiving before the employment was determined, the victim is entitled, after the end of the year referred to in clause 110(1)(d), to an income replacement indemnity equal to the difference between the income replacement indemnity the victim was receiving at the time the employment was determined and the net income the victim earns or could earn from the employment.

I.R.I. reduction if victim earns reduced income

116(1)      Where a victim who is entitled to an income replacement indemnity holds employment from which the victim earns a gross income that is less than the gross income used by the corporation to compute his or her income replacement indemnity, the income replacement indemnity shall be reduced by 75% of the net income that the victim earns from the employment.

No application to I.R.I. under section 115

116(2)       This section does not apply to an income replacement indemnity that is reduced under section 115.

Entitlement to I.R.I. after relapse

117(1)      If a victim suffers a relapse of the bodily injury within two years

(a) after the end of the last period for which the victim received an income replacement indemnity, other than an income replacement indemnity under section 115 or 116; or

(b) if he or she was not entitled to an income replacement indemnity before the relapse, after the day of the accident;

the victim is entitled to an income replacement indemnity from the day of the relapse as though the victim had been entitled to an income replacement indemnity from the day of the accident to the day of the relapse.

Victim entitled to greater I.R.I.

117(2)      The victim is entitled to an income replacement indemnity computed on the basis of the greater of

(a) the gross income used by the corporation immediately before the end of the period referred to in clause (1)(a); and

(b) the gross income of the victim at the time of the relapse.

Relapse after more than two years

117(3)      A victim who suffers a relapse more than two years after the times referred to in clauses (1)(a) and (b) is entitled to compensation as if the relapse were a second accident.

Victim entitled to greater I.R.I. after relapse or second accident

118         A victim who is receiving an income replacement indemnity under provisions of this Part other than under subsection 110(2) (temporary continuation of I.R.I. after victim regains capacity), or section 115 (I.R.I. for reduced income from determined employment) or 116 (I.R.I. reduction if victim earns reduced income) and who becomes entitled to an income replacement indemnity in respect of a relapse or second accident is entitled to whichever income replacement indemnity is the greater.

DIVISION 3

DEATH BENEFITS

Definitions

119(1)      In this Division,

"deceased victim" means a victim who died as a result of the accident; (« victime décédée »)

"disabled" means unable to hold any substantially gainful employment because of a physical or mental disability that is likely to be of indefinite duration or result in death. (« déficience »)

Meaning of dependant, where victim unemployed

119(2)      For the purpose of this Division, a person who would have been a dependant of the victim if the victim had held employment at the time of the accident is deemed to be a dependant of the victim even if the victim did not hold employment at that time.

Computing indemnity to spouse under schedules

120(1)      The spouse of a deceased victim is entitled to a lump sum indemnity equal to the product obtained by multiplying the gross income that would have been used as the basis for computing the income replacement indemnity to which the victim would have been entitled if, on the day of his or her death, the victim had survived but had been unable to hold employment because of the accident, by the factor appearing opposite the victim's age in Schedule 1 or, where the spouse is disabled on that day, Schedule 2.

Minimum indemnity to deceased victim's spouse

120(2)      The lump sum indemnity payable under subsection (1) shall not be less than $40,000. whether or not the deceased victim would have been entitled to an income replacement indemnity had he or she survived.

Posthumous child of deceased victim

121(1)      For the purpose of this section, a posthumous child of a deceased victim is deemed to be a dependant under one year of age.

Lump sum indemnity to other dependant

121(2)      A dependant, other than the spouse, of a deceased victim is entitled to

(a) a lump sum indemnity in the amount opposite the age of the dependant in Schedule 3; and

(b) if the dependant is disabled on the day the deceased victim dies, an additional lump sum indemnity of $17,500.

Dependant child of deceased victim with no spouse

122         If on the day he or she dies the deceased victim has no spouse but has a child who is a dependant, the child is entitled, in addition to a lump sum indemnity under section 121, to a lump sum indemnity under section 120 and, where there is more than one child, the lump sum indemnity shall be divided equally among them.

Entitlement of child and parent of deceased victim

123         Where a deceased victim has no dependant on the day he or she dies, each child and parent of the deceased victim, although not a dependant of the deceased victim, is entitled to a lump sum indemnity of $5,000.

Lump sum indemnity for funeral expenses

124         The estate of a deceased victim is entitled to a lump sum indemnity of $3,500. for funeral expenses.

Dependant may be paid periodic instalments

125         The corporation may, on the application of a dependant entitled to a lump sum indemnity under this Division, pay the indemnity over a period not exceeding 20 years, in periodic instalments corresponding to a proportion of the value of the lump sum indemnity.

DIVISION 4

COMPENSATION FOR PERMANENT IMPAIRMENT

Meaning of "permanent impairment"

126         In this Division, "permanent impairment" includes a permanent anatomicophysiological deficit and a permanent disfigurement.

Lump sum indemnity for permanent impairment

127         Subject to this Division and the regulations, a victim who suffers permanent physical or mental impairment because of an accident is entitled to a lump sum indemnity of not less than $500. and not more than $100,000. for the permanent impairment.

No compensation if victim dies from accident

128(1)      Subject to subsection (2), compensation for a permanent impairment is not payable if the victim dies as a result of the accident.

Compensation where victim dies of other cause

128(2)      If the victim dies of a cause unrelated to the accident and, on the day of his or her death, the victim has suffered a permanent impairment resulting from the accident, the corporation shall estimate the amount of compensation that it would have awarded to the victim in respect of the permanent impairment if the victim had not died, and pay that amount to the victim's estate.

Evaluation of permanent impairment under schedule

129(1)      The corporation shall evaluate a permanent impairment as a percentage that is determined on the basis of the prescribed schedule of permanent impairments.

Impairment not listed on schedule

129(2)      The corporation shall determine a percentage for any permanent impairment that is not listed in the prescribed schedule, using the schedule as a guideline.

Computation of lump sum indemnity

130         The lump sum indemnity payable under this Division for a permanent impairment is an amount equal to the product obtained by multiplying the maximum amount applicable under section 127 on the day of the accident by the percentage determined for the permanent impairment.

DIVISION 5

REIMBURSEMENT OF EXPENSES

Reimbursement of personal assistance expenses

131         Subject to the regulations, the corporation may reimburse a victim for expenses of not more than $3,000. per month relating to personal home assistance where the victim is unable because of the accident to care for himself or herself or to perform the essential activities of everyday life without assistance.

Weekly indemnity for part-time earner or non-earner who cares for other person

132(1)      Subject to subsection (2), a part-time earner or a non-earner whose main occupation at the time of the accident is taking care, without remuneration, of one or more persons who are under 16 years of age or who are regularly unable for any reason to hold any employment is entitled to a weekly indemnity in the following amount:

(a) $290. where one person is cared for;

(b) $320. where two persons are cared for;

(c) $350. where three persons are cared for;

(d) $380. where four or more persons are cared for.

Duration of indemnity

132(2)      The victim shall receive the indemnity for as long as he or she is unable to care for the person referred to in subsection (1), but shall not receive the indemnity during any time that the victim is entitled to an income replacement indemnity under clause 85(1)(a).

When corporation is to adjust weekly indemnity

132(3)      The corporation shall adjust or terminate the indemnity in accordance with the regulations at the end of the week in which

(a) the number of persons referred to in subsection (1) changes; or

(b) the victim is able to resume the care.

Part-time earner and non-earner may elect indemnity after 180 days from accident

133(1)      At any time after the 180th day following the accident, a part-time earner or non-earner who is receiving an indemnity under section 132 may elect to continue to receive the indemnity or to receive an income replacement indemnity under section 84 in the case of the part-time earner or section 86, in the case of the non-earner.

Corporation to provide victim with information

133(2)      Before the 181st day following the accident, the corporation shall provide the part-time earner or non-earner with information to assist him or her to make the election.

Reimbursement of expenses for care of other person

134(1)      A victim who becomes unable to care for a child under 16 years of age or for a person who is regularly unable, for any reason, to hold any employment is entitled to the reimbursement of expenses incurred because of the accident to pay the cost of the care, if on the day of the accident, the victim

(a) is a full-time earner or temporary earner;

(b) holds more than one regular part-time employment for a total of not less than 28 hours a week;

(c) is a student; or

(d) is a part-time earner or non-earner who, under subsection 133(1), elects the income replacement indemnity.

Maximum amount of reimbursed expenses

134(2)      Subject to the regulations, the expenses shall be reimbursed on a weekly basis for such time as the victim is unable to provide care, and for not more than the following amounts:

(a) $75. where one person is cared for;

(b) $100. where two persons are cared for;

(c) $125. where three persons are cared for;

(d) $150. where four or more persons are cared for.

Entitlement where victim has spouse

134(3)      Notwithstanding subsections (1) and (2), a victim residing with his or her spouse is entitled to reimbursement of expenses under this section only for such time as the spouse is also unable to care for the person referred to in subsection (1) because of the spouse's illness or disability, or the spouse's work or studies outside the residence.

Reimbursement of expenses re family enterprise

135         Where a victim is at the time of the accident working without remuneration in a family enterprise and the victim is unable because of the accident to perform his or her regular duties in the family enterprise, the victim is entitled to the reimbursement of expenses of not more than $500. per week incurred during the first 180 days after the accident to have the duties performed during the 180 days.

Reimbursement of victim for various expenses

136(1)      Subject to the regulations, the victim is entitled, to the extent that he or she is not entitled to reimbursement under The Health Services Insurance Act or any other Act, to the reimbursement of expenses incurred by the victim because of the accident for any of the following:

(a) medical and paramedical care, including transportation and lodging for the purpose of receiving the care;

(b) the purchase of prostheses or orthopedic devices;

(c) cleaning, repairing or replacing clothing that the victim was wearing at the time of the accident and that was damaged;

(d) such other expenses as may be prescribed by regulation.

Reimbursement of expense paid by other person

136(2)      A person who pays an expense referred to in subsection (1) on behalf of a victim is entitled to reimbursement of the expense.

Expenses of person accompanying victim

137         Where the physical or mental condition or age of a victim requires that he or she be accompanied in order to be able to obtain medical or paramedical care, a person accompanying the victim is entitled, in accordance with the regulations, to reimbursement of transportation, lodging and other expenses incurred by the person.

DIVISION 6

REHABILITATION

Corporation to assist in rehabilitation

138         Subject to the regulations, the corporation shall take any measure it considers necessary or advisable to contribute to the rehabilitation of a victim, to lessen a disability resulting from bodily injury, and to facilitate the victim's return to a normal life or reintegration into society or the labour market.

DIVISION 7

CLAIMS FOR COMPENSATION

Meaning of "practitioner"

139         In this Division, "practitioner" means a practitioner as defined in The Health Services Insurance Act.

Application for compensation

140         An application for compensation under this Part shall be made in accordance with the regulations.

Time limitation for claim

141(1)      Subject to subsections (2) to (4), a claim for compensation under this Part shall be made

(a) within two years after the day of the accident; or

(b) if symptoms of a bodily injury that is not apparent immediately after the accident are observed by a practitioner within two years after the day of the accident, within two years after the day on which the observation is first made by the practitioner.

Claim based on the death of a person

141(2)      A claim based on the death of a person shall be made within two years after the day on which the person died.

Claim by minor

141(3)      If the claimant was a minor on the day of the accident on which the claim is based, the claim shall be made within two years after the day on which the claimant reaches 18 years of age.

Corporation may extend time

141(4)      The corporation may extend a time limitation set out in this section if it is satisfied that the claimant has a reasonable excuse for failing to make the claim within that time.

Corporation to be provided with information

142         A claimant or a person who receives compensation under this Part shall provide any information, and any authorization necessary to obtain information, requested by the corporation for the purpose of this Part.

Employer to provide proof of salary on request

143(1)      Within six days after receiving a written request from the corporation, an employer or former employer shall provide the corporation with proof of the earnings of the claimant while employed by the employer or former employer.

If employer does not provide information

143(2)      If the employer does not provide proof of earnings within six days, the corporation shall consider the claim on the basis of information provided by the claimant and acceptable to the corporation until such time as the employer provides the proof of earnings.

Examination by practitioner chosen by claimant

144(1)      A claimant shall, at the request of the corporation and at its expense, undergo a medical examination by a practitioner chosen by the claimant.

Examination by practitioner chosen by corporation

144(2)      The corporation may, at its own expense, require a claimant to be examined by a practitioner chosen by the corporation.

Medical examination to be in accordance with regulations

144(3)      A practitioner shall conduct any medical examination required under this Part in accordance with the regulations.

Transportation and lodging expenses

145(1)      A claimant who undergoes a medical examination pursuant to section 144 is entitled to reimbursement of his or her transportation and lodging expenses incurred by the claimant in connection with the medical examination.

Allowance for person accompanying victim

145(2)      The corporation may, in accordance with the regulations, pay to a person who accompanies a victim whose physical or mental condition or age requires that he or she be accompanied, an allowance and any transportation, lodging or other expenses incurred by the person.

Report of examination

146(1)      A practitioner who examines a victim at the request of the corporation under section 144 shall make a report to the corporation on the condition of the victim and on any other related matter requested by the corporation.

Corporation to provide copy of medical report

146(2)      Where the corporation obtains a medical report in respect of a medical examination conducted under section 144 the corporation shall, at the request of the person who underwent the medical examination, provide a copy of the medical report to the person and any practitioner designated by the person.

Corporation may request medical report re accident

147         A practitioner or hospital that treats a person or is consulted by a person after an accident shall, within six days after the practitioner or hospital receives a request in writing from the corporation, provide the corporation with a report respecting any finding, treatment or recommendation relating to the treatment or consultation.

Reimbursement of cost of medical report

148         A person who applied for a review or appealed a review decision under this Part and who filed a medical report from a practitioner in support of the review or appeal is, subject to the regulations, entitled to reimbursement of the cost of the medical report.

Claimant to advise of change in situation

149         A person who applies to the corporation for compensation shall notify the corporation without delay of any change in his or her situation that affects, or might affect, his or her right to an indemnity or the amount of the indemnity.

Corporation to advise and assist claimants

150         The corporation shall advise and assist claimants and shall endeavour to ensure that claimants are informed of and receive the compensation to which they are entitled under this Part.

Disclosure of documents to claimant

151(1)      A claimant may, on giving reasonable notice to the corporation, examine and copy any document in the corporation's possession respecting the claim and is entitled, on request, to one copy of the document without charge, but the corporation may prescribe a fee for providing more than one copy of the document.

Exempt information

151(2)      Subsection (1) does not apply to exempt information as defined under The Freedom of Information Act.

DIVISION 8

PAYMENT OF INDEMNITIES

I.R.I. to be paid every 14 days

152(1)      An income replacement indemnity shall be paid once every 14 days.

Waiting period before first I.R.I. payment

152(2)      No income replacement indemnity shall be paid in respect of the first seven days after the day of the accident, except an income replacement indemnity payable under subsection 117(3) (relapse after more than two years).

Payment of indemnity to part-time earner or non-earner caring for other person

152(3)      An indemnity payable under section 132 shall be paid once every 14 days.

Payment of indemnity to student or minor

152(4)      An indemnity payable to a person under section 88 or 94 shall be paid at the end of the school year or term that the person does not complete.

Payment of indemnity to student or minor

152(5)      An indemnity other than an income replacement indemnity payable to a person under section 91 or 97 shall be paid at the end of the school year or term that the person does not complete.

Corporation may pay indemnity based on application

153(1)      The corporation may, after receiving an application for compensation but before making a decision respecting the entitlement of the claimant, pay an indemnity or reimburse an expense that the claimant is or might be entitled to, if the corporation is satisfied that the application is well founded.

Amounts paid are not recoverable

153(2)      Notwithstanding section 189 (recovery of indemnities), an amount paid to a person under subsection (1) is not recoverable unless it is obtained by fraud.

Corporation may pay I.R.I. as lump sum

154         The corporation may pay an income replacement indemnity in a single payment equivalent to the capital value of the income replacement indemnity where

(a) the amount paid or to be paid every 14 days is less than $100.; or

(b) the person entitled to it has not been resident in Manitoba for at least one year.

Reimbursement of expenses in instalments

155(1)      The corporation may reimburse expenses that are payable under Division 5 or 6 in one or more instalments of equal or approximately equal value.

Victim may request payment to other person

155(2)      The corporation may, at the request of the victim, pay the amount of an expense that is payable under Division 5 or 6 directly to the person to whom it is due.

Payment to estate

156         If an indemnity or reimbursement of expenses under this Part is payable to a person but not paid on the day the person dies, the corporation shall pay the indemnity or reimbursement of expenses to the person's estate.

Payment not suspended by review or appeal

157          An appeal or application for review in respect of an indemnity does not suspend the payment of the indemnity.

Payment to committee under Mental Health Act

158(1)      If a person who is entitled to an indemnity or reimbursement of expenses under this Part has a committee of his or her estate appointed under The Mental Health Act, the corporation shall pay the benefits to the committee.

Payment of indemnity or reimbursement for minor

158(2)      If an indemnity or reimbursement of expenses is payable to a minor, the payments may be made to such person or persons as, in the opinion of the corporation from time to time, are best qualified to administer the indemnity or reimbursement, whether or not the person or persons are the legal guardians of the minor.

Corporation to give notice to Public Trustee

158(3)      The corporation shall give written notice to the Public Trustee of any payment made under subsection (1) or (2).

Compensation other than I.R.I. not subject to seizure

159(1)      Subject to the regulations, compensation under this Part, other than an income replacement indemnity, is exempt from garnishment, seizure, attachment, execution and any other process or claim.

Compensation other than I.R.I. may not be assigned

159(2)      A person who is entitled to compensation under this Part, other than an income replacement indemnity, may not assign the compensation to another person, and any such purported assignment is null and void.

I.R.I. deemed to be wages

159(3)      An income replacement indemnity that is paid or payable under this Part is deemed to be wages for the purpose of The Garnishment Act and section 32 of The Law of Property Act.

Corporation may refuse or terminate compensation

160         The corporation may refuse to pay compensation to a person or may reduce the amount of an indemnity or suspend or terminate the indemnity, where the person

(a) knowingly provides false or inaccurate information to the corporation;

(b) refuses or neglects to produce information, or to provide authorization to obtain the information, when requested by the corporation in writing;

(c) without valid reason, refuses to return to his or her former employment, leaves an employment that he or she could continue to hold, or refuses a new employment;

(d) without valid reason, neglects or refuses to undergo a medical examination, or interferes with a medical examination, requested by the corporation;

(e) without valid reason, refuses, does not follow, or is not available for, medical treatment recommended by a medical practitioner and the corporation;

(f) without valid reason, prevents or delays recovery by his or her activities;

(g) without valid reason, does not follow or participate in a rehabilitation program made available by the corporation; or

(h) prevents or obstructs the corporation from exercising its right of subrogation under this Act.

Reduction of indemnity where victim convicted under Criminal Code

161(1)      An indemnity to which a victim is entitled under Division 2 shall be reduced if the victim is, in respect of the accident, convicted under any of the following provisions of the Criminal Code (Canada):

(a) section 220 (cause death by criminal negligence);

(b) section 221 (cause bodily harm by criminal negligence);

(c) section 236 (manslaughter);

(d) clause 249(1)(a) or subsection 249(2) (dangerous operation of a motor vehicle), or subsection 249(3) (dangerous operation causing bodily harm) or subsection 249(4) (dangerous operation causing death);

(e) subsection 252(1) (failure to stop at the scene of an accident);

(f) section 253 or subsection 255(1) (operating a motor vehicle while impaired), or subsection 255(2) (impaired driving causing bodily harm) or subsection 255(3) (impaired driving causing death);

(g) subsection 254(5) (failure to comply with a demand for breath sample).

Reduction of indemnity where victim convicted of similar offence in U.S.

161(2)      An indemnity to which a victim is entitled under Division 2 shall be reduced if the victim is, in respect of the accident, convicted in a state or territory of the United States or the District of Columbia in the United States of an offence that is the same as, or similar to, an offence referred to in subsection (1).

Amount of reduction of indemnity

161(3)      The corporation shall determine the extent to which the victim was responsible for the accident and shall reduce the indemnity of the victim under Division 2 by an amount equal to the amount that would have been payable to the victim in the first 12 months after the accident multiplied by the percentage of responsibility attributed to the victim by the corporation.

Victim may appeal to court

161(4)      Notwithstanding sections 72 (no tort claims), 172 (review) and 174 (appeal), a victim who disagrees with the corporation's decision respecting the responsibility of the victim for the accident may appeal the decision to the court within 180 days after receiving written notice of the decision from the corporation.

Victim's I.R.I. suspended during imprisonment

162(1)      Subject to subsection (2), a victim is not entitled to receive an income replacement indemnity under this Part while serving a sentence of imprisonment imposed in respect of a conviction for an offence.

Payment of I.R.I. to victim on acquittal

162(2)      If a victim referred to in subsection (1) is acquitted of the offence by a court, the corporation shall remit to the victim the amount of the income replacement indemnity that would have been paid to the victim if he or she had not been imprisoned, with interest computed in accordance with section 163 from the day the income replacement indemnity was suspended until the day of payment.

Successful applicant is entitled to interest

163         Where a person's application for a review or appeal is successful, the corporation shall pay interest to the person on any indemnity or expense to which the person is found to have been entitled before the review or appeal, at the prejudgment rate of interest determined under section 79 of The Court of Queen's Bench Act, computed from the day on which the person was entitled to the indemnity or expense.

DIVISION 9

INDEXATION

Definition of "year"

164(1)      In this Division, "year" means the period commencing March 1 and ending on the last day of February in the following year.

Meaning of "consumer price index"

164(2)      In this Division, "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 Division, 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 corporation shall by regulation determine an amount that in its opinion represents the consumer price index for Manitoba for that month and, under clause (b), for each month remaining in the year.

Adjustment of gross annual income on anniversary of day of accident

165(1)      The amount of the gross annual income used as the basis for computing an income replacement indemnity for a victim under this Part shall be adjusted each year on the anniversary of the day of the accident.

Annual adjustment of gross annual income fixed under section 106

165(2)      The amount of the gross annual income fixed for an employment determined under section 106 shall be adjusted each year on the anniversary of the day on which it was fixed.

Adjustment of other amounts on March 1

165(3)      An amount of money referred to in dollar amounts

(a) in this Part other than under section 114 (maximum yearly insurable earnings); and

(b) in Schedule 3;

shall be adjusted on March 1 of each year.

Adjustment is based on C.P.I.

166(1)      Subject to section 167 (cap on adjustment), an adjustment is made by multiplying the amount to be adjusted by the ratio between the consumer price index for the current year and the consumer price index for the preceding year.

Determination of C.P.I. for a year

166(2)      The consumer price index for a year is the average of the consumer price indices for Manitoba determined by Statistics Canada for each of the 12 months preceding January 1 of the preceding year.

Two decimals in monthly average

166(3)      If the average of the monthly consumer price indices for Manitoba for a year includes more than one decimal, the first digit shall be retained, and shall be increased by one unit if the second digit is greater than four.

More than three decimals in ratio of C.P.I.s

166(4)      If the ratio between the consumer price index for the current year and the consumer price index for the preceding year includes more than three decimals, the first three digits shall be retained, and the third digit shall be increased by one unit if the fourth digit is greater than four.

Rounding of adjusted amount to nearest dollar

166(5)      After an amount is adjusted under this Part, the resulting amount shall be rounded to the nearest dollar.

Cap of 6% on adjustment

167(1)      Subject to subsection (2), where the ratio computed under section 166 exceeds 1.06, the ratio is deemed to be 1.06.

Cap may be increased by regulation

167(2)      Where the ratio computed under section 166 exceeds 1.06, the corporation may by regulation increase it to not more than the ratio computed under section 166 for the year.

Private insurance scheme not affected by adjustment

168         The amount of compensation paid under a private insurance scheme to a person who is receiving compensation under this Part shall not be reduced because of an adjustment of the compensation under this Division.

DIVISION 10

JURISDICTION OF THE CORPORATION, REVIEW AND APPEAL

SUBDIVISION 1

JURISDICTION OF THE CORPORATION

Jurisdiction of corporation

169(1)      Subject to subsection 196(2) (appeal under this Part or Workers Compensation Act), the corporation has exclusive jurisdiction to decide any matter related to compensation under this Part and to review any such decision.

Corporation may delegate its powers

169(2)      The corporation may authorize one or more of its officers or employees to exercise a power or perform a duty of the corporation under this Part, subject to such conditions as the corporation may decide, and a power may be exercised or a duty may be performed by any officer or employee who is so authorized.

Corporation to give written reasons to claimant

170(1)      A decision made by the corporation in respect of a claim for compensation shall be given to the claimant in writing, and shall include reasons for the decision.

Claimant to be given notice of right to review

170(2)      Where the corporation makes a decision respecting compensation under this Part, it shall, at the time it gives written notice of the decision to the claimant, give notice of the right of the claimant to apply for a review of the decision.

Claimant to be given notice of right to appeal

170(3)      Where the corporation reviews a decision respecting compensation under this Part, it shall, at the time it gives written notice of the review decision to the claimant, give notice of the right of the claimant to appeal the review decision to the commission.

Corporation may reconsider new information

171(1)      The corporation may at any time make a fresh decision in respect of a claim for compensation where it is satisfied that new information is available in respect of the claim.

Claims corporation may reconsider before application for review or appeal

171(2)      The corporation may, at any time before a claimant applies for a review of a decision or appeals a review decision, on its own motion or at the request of the claimant, reconsider the decision if

(a) in the opinion of the corporation, a substantive or procedural error was made in respect of the decision; or

(b) the decision contains an error in writing or calculation, or any other clerical error.

SUBDIVISION 2

REVIEW AND APPEAL

Application for review of claim by corporation

172(1)      A claimant may, within 60 days after receiving notice of a decision under this Part, apply in writing to the corporation for a review of the decision.

Corporation may extend time

172(2)      The corporation may extend the time set out in subsection (1) if it is satisfied that the claimant has a reasonable excuse for failing to apply for a review of the decision within that time.

Powers of the corporation on review

173(1)      On a review of a decision, the corporation may set aside, confirm or vary the decision.

Corporation to give written reasons

173(2)      The corporation shall provide the claimant with written reasons for the review decision.

Application to appeal from review

174         A claimant may, within 90 days after receiving notice of a review decision by the corporation or within such further time as the commission may allow, appeal the review decision to the commission.

Appeals to the Commission

Automobile Injury Compensation Appeal Commission established

175         The Automobile Injury Compensation Appeal Commission is established as a specialist tribunal to hear appeals under this Part.

Appointment of chief commissioner and other commissioners

176(1)      The Lieutenant Governor in Council shall appoint a chief commissioner and may appoint one or more deputy chief commissioners and other commissioners.

Powers of deputy chief commissioner

176(2)      A deputy chief commissioner may exercise the powers and perform the duties of the chief commissioner on such conditions as may be decided by the chief commissioner.

Term of chief commissioner

176(3)      The chief commissioner shall be appointed for a term of not less than five years and not more than seven years and shall hold office thereafter until re-appointed or replaced.

Term of other commissioners

176(4)      Other commissioners shall be appointed for terms of three years and shall hold office thereafter until re-appointed or replaced.

Termination only for cause

176(5)      No appointment of a commissioner shall be terminated except for cause.

Full-time, part-time or sessional basis

176(6)      The chief commissioner shall be appointed on a full-time basis and other commissioners may be appointed on a full-time or part-time or sessional basis.

Completion of proceedings

176(7)      A commissioner whose term expires may complete a proceeding begun before the expiry of the term, unless the commissioner is removed for cause.

Oath of office

176(8)      Before assuming office, a commissioner shall take and subscribe to an oath or affirmation as determined by the Minister of Consumer and Corporate Affairs.

Commission's costs to be paid out of C.F.

177(1)      The salaries, expenses and other costs relating to the operation of the commission shall be paid out of the Consolidated Fund.

Corporation to pay fixed costs into C.F.

177(2)      The commission shall, at the beginning of a fiscal year and at such other times as are necessary, estimate the costs of its operation in the fiscal year other than the costs referred to in subsection (3) and, after the approval of the estimated costs by the Lieutenant Governor in Council, the corporation shall on the requisition of the Minister of Finance pay the amount of the estimated costs into the Consolidated Fund.

Corporation to pay variable costs into C.F.

177(3)      The costs of proceedings before the commission are in the discretion of the commission, and the costs determined by the commission shall be paid by the corporation from time to time, on the requisition of the commission, to the Minister of Finance for deposit into the Consolidated Fund.

Commission to sit in panels

178(1)      The commission shall sit in panels consisting of three commissioners.

Assignment of commissioners to panels

178(2)      The chief commissioner shall establish the panels, assign commissioners, and designate a commissioner as chairperson of a panel.

Quorum

179(1)      A hearing shall not proceed unless all the commissioners of the panel are present.

Decision of majority is decision of commission

179(2)      A decision of the majority of the commissioners of a panel is a decision of the commission, and if there is not a majority, the decision of the chairperson of the panel is the decision of the commission.

Chief commissioner's annual report

180(1)      Within six months after the end of each fiscal year, the chief commissioner shall submit an annual report to the Minister of Consumer and Corporate Affairs respecting the exercise of powers and the performance of duties by the commission under this Part, including the significant decisions of the commission and the reasons for the decisions.

Tabling of annual report by minister

180(2)      The Minister of Consumer and Corporate Affairs shall submit the annual report to the Lieutenant Governor in Council and shall cause the report to be laid before the Legislative Assembly within 15 days of receiving it if the Legislative Assembly is then in session, or if it is not in session within 15 days of the beginning of the next session.

Corporation to provide information

181         The corporation shall without delay forward to the commission any record or other information that the commission requests in respect of an appeal filed under this Part.

Hearing of appeal by commission

182(1)      The commission shall conduct a hearing in respect of an appeal filed under this Part.

Commission to give notice of hearing

182(2)      The commission shall give reasonable notice of the hearing to the appellant and the corporation and shall, in the notice, identify the issues to be considered at the hearing.

Commission to determine its practice and procedure

182(3)      The commission shall determine its own practice and procedure and shall give full opportunity to the appellant and the corporation to present evidence and make submissions.

Hearing may be conducted orally or in writing

182(4)      The commission may conduct a hearing orally, including by telephone, or in writing or partly orally and partly in writing.

Public hearings

182(5)      When the commission considers it appropriate to conduct an oral hearing, the hearing shall be open to the public unless the commission is of the opinion that all or part of the hearing should be private because intimate financial, personal or other matters may be disclosed which are of such a nature that the desirability of avoiding disclosure outweighs the desirability of holding the hearing in public.

Powers under Part V of Evidence Act

183(1)      A commissioner has the powers of a commissioner under Part V of The Manitoba Evidence Act.

Commission not bound by rules of evidence

183(2)      Evidence may be given before the commission in any manner that the commission considers appropriate, and the commission is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Commission may adopt findings of fact

183(3)      The commission may adopt the corporation's findings of fact except insofar as the appellant puts them in issue.

Commission may carry out investigation

183(4)      The commission may, before or during a hearing, carry out any investigation or inspection or refer any question for an expert opinion that it considers necessary or advisable.

Commission to advise parties of information considered

183(5)      In addition to evidence given in the course of a hearing, the commission may consider information in the possession of the corporation or that is otherwise obtained by the commission, if the commission informs the appellant and the corporation of the nature of the information and gives them an opportunity to make representations respecting it.

Right of parties to examine filed material

183(6)      The commission shall give the appellant and the corporation a reasonable opportunity to examine all material filed with the commission that is relevant to the appeal.

Effect of lack of formality in proceedings

183(7)      No proceeding before the commission is invalid by reason only of a defect in form, a technical irregularity or a lack of formality.

Powers of commission on appeal

184(1)      After conducting a hearing, the commission may

(a) confirm, vary or rescind the review decision of the corporation; or

(b) make any decision that the corporation could have made.

Commission to give copy of decision to parties

184(2)      The commission shall as soon as reasonably practicable give a copy of its decision to the appellant and the corporation and advise them of their right to apply to The Court of Appeal for leave to appeal on a question of jurisdiction or law.

Party may request written reasons

184(3)      At the request of the appellant or the corporation, the commission shall give written reasons for its decision to the appellant and the corporation.

Commission to compile record of hearing

185         The commission shall compile a record of a hearing it has held, which shall consist of

(a) the review decision of the corporation that was appealed from;

(b) the notice of appeal to the commission;

(c) the notice of hearing by the commission;

(d) any written submission received by the commission; and

(e) the decision of the commission and any written reasons for the decision.

Appeal to Court of Appeal by Stated Case

Commission may state case to Court of Appeal

186(1)      The commission may, of its own motion or on the application of the appellant or the corporation, state a case in writing for the opinion of The Court of Appeal on a question of law or jurisdiction.

Decision of Court of Appeal

186(2)      The Court of Appeal shall hear and determine the stated case and remit it to the commission with its opinion.

Proceeding or decision not stayed by appeal

186(3)      A case stated under this section does not stay a proceeding or decision of the commission.

Parties entitled to be heard

186(4)      The corporation and the appellant are entitled to be heard, by counsel or otherwise, on the argument of a stated case.

Costs not to be awarded

186(5)      Costs shall not be awarded in a case stated under subsection (1).

Appeal To Court of Appeal On Question of Law or Jurisdiction

Appeal to Court of Appeal

187(1)      The appellant or the corporation may appeal the decision of the commission to The Court of Appeal.

Appeal with leave

187(2)      An appeal under subsection (1) may be taken only on a question of jurisdiction or of law and only with leave obtained from a judge of The Court of Appeal.

Application for leave to appeal

187(3)      An application for leave to appeal shall be made within 30 days after the applicant receives a copy of the decision of the commission, or within such further time as the judge allows.

Commission entitled to be heard

187(4)      The commission is entitled to be heard, by counsel or otherwise, on the argument of an application for leave to appeal and on an appeal.

Order of commission stayed

187(5)      An appeal from a decision of the commission stays the decision pending the hearing of the appeal, unless a judge of The Court of Appeal orders otherwise.

Powers of Court on appeal

187(6)      The Court of Appeal on hearing the appeal may

(a) make any decision that in its opinion ought to have been made;

(b) quash, vary or confirm the decision of the commission; or

(c) refer the matter back to the commission for further consideration in accordance with any direction of the Court.

Decisions not subject to appeal to court

188         Except as provided in this Part, a decision of the corporation or the commission is final and binding and not subject to appeal or review by a court.

DIVISION 11

RECOVERY OF COMPENSATION

Corporation to be reimbursed for excess payment

189(1)      Subject to sections 153 (payment before decision by corporation), 190 and 191, a person who receives an amount under this Part as an indemnity or a reimbursement of an expense to which the person is not entitled, or which exceeds the amount to which he or she is entitled, shall reimburse the corporation for the amount to which he or she is not entitled.

Time limitation for recovery of payment

189(2)      The corporation may commence an action to recover an amount to which it is entitled to be reimbursed

(a) within two years after the day the amount is paid to the person; or

(b) where the amount is paid as a result of fraud, within two years after the day the fraud is first known or discovered by the corporation.

Cancellation or deduction of debt

189(3)      Subject to the regulations, the corporation may, in respect of the amount to which it is entitled to be reimbursed,

(a) cancel it or any part of it, where the corporation considers it is not recoverable; or

(b) notwithstanding subsection (2), deduct it from any amount payable to the debtor by the corporation at any time.

Application for review or appeal does not affect deduction

189(4)      The corporation may make a deduction under clause (3)(b) notwithstanding a debtor's application for review or appeal respecting the amount or the deduction of the amount.

No reimbursement of amount paid before review or appeal

190         If, on an application for review or appeal, the corporation or the commission cancels an indemnity or expense or reduces the amount of an indemnity or expense that has been paid to a person, the corporation is not entitled to reimbursement of any amount paid to the person before the review decision or the commission's decision, unless the payment was obtained by fraud.

No reimbursement of amount paid before reconsideration

191         If a decision is reconsidered and changed by the corporation under subsection 171(1) or clause 171(2)(a), the corporation is not entitled to reimbursement of any amount paid to a person as a result of the decision unless the amount was obtained by fraud.

Reimbursement by person preventing subrogation

192(1)      Any person who prevents or obstructs the corporation from exercising any right of subrogation under this Part shall reimburse the corporation for any indemnity or reimbursement of expenses received from the corporation under this Part.

Limitation of action

192(2)      The corporation may commence an action to recover an amount to which it is entitled from a person under subsection (1) within two years after the day the corporation first knows about or discovers an act of the person that prevents or obstructs the corporation from exercising its right of subrogation.

Cancellation of debt

192(3)      Notwithstanding subsection (1), the corporation may cancel an amount or any part of an amount to which it is entitled under subsection (1) if it considers that the amount is not recoverable.

Corporation may file certificate in court

193         Where the corporation is entitled to reimbursement under this Division, the general manager or such other officer as the directors may authorize by resolution for the purpose may issue a certificate that sets out the basis of the entitlement, the amount to which the corporation is entitled to be reimbursed and the name of the person by whom it is payable and, on filing with the registrar of the court, the certificate is deemed to be an order of the court and may be enforced as such against the person for the amount set out in the certificate.

DIVISION 12

COMPENSATION UNDER OTHER ACTS OR PLANS

Claims under private insurance scheme not affected

194         Nothing in this Part limits or affects the right of a person who claims or receives compensation under this Part to claim compensation under a private insurance scheme.

Election of compensation under this Part or Workers Compensation Act

195(1)      Where, as a result of an accident, a person is entitled to compensation under this Part and The Workers Compensation Act or any another Act that relates to the compensation of persons who are victims of accidents arising out of and in the course of employment, and that is in force in or outside Manitoba, the person may elect the compensation under this Part or under the other Act.

Effect of election of compensation under W.C. Act

195(2)      Where the person elects compensation under The Workers Compensation Act or any other Act that is in force in or outside Manitoba and that relates to the compensation of a person who is a victim of an accident arising out of and in the course of employment

(a) the person is no longer entitled to compensation under this Part in respect of the bodily injury; and

(b) notwithstanding subsections 9(1), (7) and (7.1) of The Workers Compensation Act and subject to section 78 of this Act, the compensation provided to the person or the person's dependants in respect of the bodily injury under The Workers Compensation Act, stands in lieu of all rights and remedies to which the person or the person's dependants are or might be entitled in respect of the bodily injury, and no action in that respect may be admitted before any court.

Effect of election under this Part

195(3)      A person who elects compensation under this Part is no longer entitled to compensation under The Workers Compensation Act in respect of the bodily injury.

Corporation and W.C. Board to make agreement

195(4)      The corporation and the Workers Compensation Board shall make an agreement respecting the allocation and reimbursement between them of compensation paid by them under this section.

Where person entitled under W.C. Act and this Part

196(1)      Where a person is receiving compensation under either this Part or The Workers Compensation Act and, because of another bodily injury, the person becomes entitled to compensation under the other,

(a) the corporation and the Workers Compensation Board shall

(i) make a joint decision distinguishing between the bodily injury attributable to the accident in respect of which compensation is payable under this Part and the bodily injury for which compensation is payable under The Workers Compensation Act, and

(ii) pay compensation in proportion to the attribution of the person's bodily injuries; and

(b) the corporation or the Workers Compensation Board, as the case may be, shall continue to pay the compensation until the joint decision is made.

Person may appeal under either Act

196(2)      The corporation or the Workers Compensation Board shall give written notice of the joint decision made under subsection (1) to the person, and the person may appeal the joint decision either to the commission or under The Workers Compensation Act within 90 days after receiving the notice or within such further time as the body to which the appeal is made may allow, and the decision made on the appeal is binding under this Part and The Workers Compensation Act.

Corporation and W.C. Board to make agreement

196(3)      The corporation and the Workers Compensation Board shall make an agreement respecting the procedure to be followed for claims by a person referred to in subsection (1).

C.P.P. or other disability benefit reduces I.R.I.

197         Where, as a result of an accident, a victim is entitled to an income replacement indemnity under this Part and a disability benefit under the Canada Pension Plan (Canada), the Unemployment Insurance Act (Canada) or any similar program in a jurisdiction outside Manitoba, the corporation shall reduce the income replacement indemnity by the amount of the disability benefit payable to the victim.

DIVISION 13

MISCELLANEOUS PROVISIONS AND REGULATIONS

Compliance with forms and notices

198         Substantial compliance with requirements respecting the content of forms, notices or other documents is sufficient unless the corporation or the commission is of the opinion that it would result in unfairness to any person.

Immunity from action

199(1)      No action or proceeding may be brought against the commission, a commissioner, the corporation, or an employee or agent of the commission or the corporation for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Part, or for any neglect or default in the performance or exercise in good faith of the duty or power.

Compellability of witness

199(2)      A director of the corporation, commissioner, or employee or agent of the corporation or commission shall not be required to testify in a civil action or proceeding about information or to produce documents or things obtained under this Part, except for the purpose of carrying out the person's duties under this Part.

Parents of infant may act as guardian

200         For the purpose of this Part, the mother or father of an infant or a person who stands in loco parentis to an infant may, unless the court orders otherwise, act as the guardian of the infant if the infant does not already have a guardian.

Agreement re costs of medical aid

201(1)      The corporation may enter into agreements with the Minister of Health respecting methods of payment by the corporation or the Minister of Health of the costs of medical aid provided under this Part.

Agreements with other jurisdictions

201(2)      The corporation may enter into agreements with any government or agency of government respecting the compensation for bodily injury of residents of Manitoba who are involved in accidents outside Manitoba but within Canada or the United States and of persons who are not resident in Manitoba and who are involved in accidents in Manitoba.

Regulations

202         Subject to the approval of the Lieutenant Governor in Council, the corporation may make regulations for the purpose of this Part

(a) defining a word or expression used and not defined in this Act;

(b) enlarging or restricting the meaning of a word or expression used in this Act;

(c) respecting the form and content of applications made under this Part;

(d) respecting the procedure applicable to, and the proof required for, claims for compensation;

(e) respecting the circumstances in which an employment is considered to be full-time employment or part-time or temporary employment;

(f) respecting gross incomes, including determining gross incomes for salaried workers and self-employed workers, establishing classes of employment, and determining the amount of gross incomes on a weekly or yearly basis;

(g) determining the industrial average wage for the purpose of subsection 70(2), and the consumer price index for the purpose of subsection 164(2);

(h) determining gross incomes for the purpose of sections 81 (income replacement indemnity for full-time earner), 82 (more remunerative employment), 83 (indemnity for temporary earner or part-time earner), 84 (determination of employment for temporary earner or part-time earner), 85 (indemnity for non-earner) and 89 (indemnity for student);

(i) respecting standards and procedures for determining an employment for victims under sections 106 and 109, including establishing classes of employment, determining gross incomes on a yearly or weekly basis for each class of employment based on work experience, and establishing the manner of reducing the gross incomes for victims holding part-time employment;

(j) respecting the computation of the net income of a victim, including the amount of the income tax, premium and contribution referred to in section 112;

(k) respecting the establishment of a schedule of permanent impairments, including

(i) the attribution of a percentage of impairment to each permanent impairment,

(ii) the determination of an additional percentage of impairment where the permanent impairment affects symmetrical organs,

(iii) the determination of an additional percentage of impairment where the permanent impairment affects an impairment that the victim had before the accident, and

(iv) the reduction of the percentages attributed to permanent impairments for victims who have more than one permanent impairment;

(l) under Division 5 and 6, respecting the reimbursement of expenses, including the expenses that are eligible for reimbursement, terms and conditions under which the corporation may reimburse expenses and the maximum amounts that may be reimbursed, and respecting the circumstances in which the corporation may replace reimbursement of expenses under section 131 with the payment of a periodic allowance;

(m) respecting the adjustment of indemnities under sections 132 and expenses reimbursed under section 134, including the circumstances in which the indemnities may be adjusted and the amounts of adjusted indemnities;

(n) respecting medical examinations under Division 7, including the content of reports based on medical examinations;

(o) respecting allowances and the reimbursement of expenses referred to in section 145, including the circumstances in which the allowances may be paid and the expenses may be reimbursed;

(p) respecting the reimbursement of the cost of medical reports under section 148, including the maximum amount that may be reimbursed;

(q) increasing the ratio referred to in subsection 167(2);

(r) respecting the transmission of facsimiles of documents by telephone to and from the corporation;

(s) respecting the manner in which a person's debt to the corporation may be deducted from compensation payable to the person by the corporation;

(t) prescribing anything that by this Part may be or is required to be prescribed;

(u) respecting any other matter that is incidental or conducive to the attainment of the objects and purposes of this Part.

Review

203         The minister shall, within three years after the coming into force of this Part, undertake a comprehensive review of the operation of this Part involving public representations and shall, within one year after the review is undertaken or within such further time as the Assembly may allow, submit to the Assembly a report on the operation of the review.

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

6(1)        The Health Services Insurance Act is amended by this section.

6(2)        Section 75.1 is amended by renumbering it as 75.1(1) and by adding the following as subsection 75.1(2):

Agreement with M.P.I.C.

75.1(2)     The minister may enter into agreements with The Manitoba Public Insurance Corporation respecting methods of payment by the minister or The Manitoba Public Insurance Corporation of the costs of medical aid provided under The Manitoba Public Insurance Corporation Act.

6(3)        Subsection 97(2) is amended by adding "and he or she is not entitled to receive compensation under Part 2 of The Manitoba Public Insurance Corporation Act," after "under this Act,".

Coming into force

7           This Act comes into force on March 1, 1994.

SCHEDULE 1 (Section 120)

LUMP SUM INDEMNITY TO SPOUSE OF DECEASED VICTIM

Age of victim on day of death Factor
25 years or under 1.0
26 1.2
27 1.4
28 1.6
29 1.8
30 2.0
31 2.2
32 2.4
33 2.6
34 2.8
35 3.0
36 3.2
37 3.4
38 3.6
39 3.8
40 4.0
41 4.2
42 4.4
43 4.6
44 4.8
45 5.0
46 4.8
47 4.6
48 4.4
49 4.2
50 4.0
51 3.8
52 3.6
53 3.4
54 3.2
55 3.0
56 2.8
57 2.6
58 2.4
59 2.2
60 2.0
61 1.8
62 1.6
63 1.4
64 1.2
65 years or over 1.0

SCHEDULE 2 (Section 120)

LUMP SUM INDEMNITY TO DISABLED SPOUSE OF DECEASED VICTIM

Age of victim on day of death Factor
45 years or under 5.0
46 4.8
47 4.6
48 4.4
49 4.2
50 4.0
51 3.8
52 3.6
53 3.4
54 3.2
55 3.0
56 2.8
57 2.6
58 2.4
59 2.2
60 2.0
61 1.8
62 1.6
63 1.4
64 1.2
65 years or over 1.0

SCHEDULE 3 (Section 121)

LUMP SUM INDEMNITY TO DEPENDANT OF DECEASED VICTIM

Age of dependant on day of victim's death Amount of indemnity
Less than 1 year $35,000.
1 year 34,000.
2 years 33,000.
3 32,000.
4 31,000.
5 30,000.
6 29,000.
7 28,000.
8 27,000.
9 26,000.
10 25,000.
11 24,000.
12 23,000.
13 22,000.
14 21,000.
15 20,000.
16 years or over 19,000.