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The Workers Compensation Amendment Act

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S.M. 2005, c. 17

Bill 25, 3rd Session, 38th Legislature

The Workers Compensation Amendment Act

(Assented to June 9, 2005)

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

C.C.S.M. c. W200 amended

1           The Workers Compensation Act is amended by this Act.

2           The following is added as a preamble:

WHEREAS Manitobans recognize that the workers compensation system benefits workers and employers in Manitoba;

AND WHEREAS Manitobans recognize that the historic principles of workers compensation should be maintained, namely

(a) collective liability of employers for workplace injuries and diseases;

(b) compensation for injured workers and their dependants, regardless of fault;

(c) income replacement benefits based upon loss of earning capacity;

(d) immunity of employers and workers from civil suits;

(e) prevention of workplace injuries and diseases;

(f) timely and safe return to health and work; and

(g) independent administration by an arm's-length agency of government;

3(1)        Subsection 1(1) is amended

(a) in the definition "common-law partner", by striking out "death of the worker" wherever it occurs and substituting "day of the accident";

(b) in the English version of the definition "dependents", by striking out "dependents" and substituting "dependants";

(c) in the definition "employer", by adding the following after clause (f):

(g) a non-profit or charitable organization admitted by the board under section 75.1 (volunteer coverage), and

(h) a deemed employer under section 77.1 (work experience program);

(d) by adding the following definitions in alphabetical order:

"health care provider" means a physician, nurse, dentist, chiropractor, occupational therapist, optometrist, physiotherapist, podiatrist, psychologist, or a member of any other health care profession or occupation recognized by the board; (« fournisseur de soins de santé »)

"minimum annual earnings" means the minimum annual earnings established by regulation under clause 68(1)(a); (« gain annuel minimum »)

(e) by replacing the definitions "industry" and "medical aid" with the following:

"industry" means all industries in Manitoba except those industries excluded by regulation under section 2.1; (« industrie »)

"medical aid" includes

(a) transportation to a hospital or other place where medical care can be given,

(b) services provided by a hospital or other health care facility,

(c) treatment or services provided by a health care provider,

(d) diagnostic services,

(e) drugs, medical supplies, orthotics and prosthetics, and

(f) any other goods and services authorized by the board; (« aide médicale »)

(f) by repealing the definitions "investment committee" and "medical referee";

(g) in the English version of the definition "out worker", by striking out "out worker" and substituting "outworker";

(h) in the definition "physician", by striking out "his profession in Manitoba" and substituting "his or her profession in any jurisdiction in Canada";

(i) in the definition "spouse", by striking out "at the time of the death of the worker" and substituting "on the day of the accident"; and

(j) in the definition "worker",

(i) by repealing clause (h), and

(ii) by striking out "and" at the end of clause (i) and adding the following after clause (j):

(k) a person who is deemed to be a worker under section 75.1 (volunteer coverage), and

(l) a person who is declared to be a worker under section 77.1 (work experience program).

3(2)        Clauses 1(3)(b) and (e) are repealed.

3(3)        Subsection 1(4) is amended

(a) by replacing clause (c) with the following:

(c) a person assisting in fighting a fire or attending an emergency response under the direction of a fire guardian, conservation officer, the chief or head of a municipal fire department or fire brigade, or the Fire Commissioner for Manitoba;

(b) by adding "or" at the end of clause (d) and adding the following after clause (d):

(e) a person who is not otherwise covered by this Act, who, under The Emergency Measures Act,

(i) volunteers or is required to provide aid in an emergency, if he or she is under the direction of a person with authority to implement an emergency plan under that Act,

(ii) voluntarily provides aid while acting under authority of an agreement entered into under section 7 of that Act, if he or she is under the direction of the Executive Co-ordinator of the Emergency Measures Organization, or

(iii) is engaged in an emergency preparedness program.

3(4)        The following is added after clause 1(5)(c):

(d) in the case of a casual emergency worker to whom clause (4)(e) applies, the provincial government or local authority, as the case may be.

3(5)        The following is added after clause 1(7)(d):

(e) in the case of a casual emergency worker to whom subclause (4)(e)(i) or (iii) applies, from the time when the person is exposed to the risks of the emergency work or the emergency preparedness program until the person is no longer exposed to the risks, as determined by the board;

(f) in the case of a casual emergency worker to whom subclause (4)(e)(ii) applies, while the person remains under the direction of the Executive Co-ordinator of the Emergency Measures Organization.

3(6)        The following is added after subsection 1(12):

Deemed date of accident in death

1(12.1)     Where an accident results in a worker's death, the date of death is deemed to be the day of the accident for the purpose of determining the amount of compensation payable to the worker's estate or dependants.  The board may adjust the worker's net average earnings to an amount that, in the board's opinion, represents the worker's probable earning capacity on the date of death, had the accident not occured.

4           Section 2 is replaced with the following:

Application of Part I

2           This Part applies to

(a) all employers and all workers in all industries in Manitoba except those excluded by regulation under section 2.1 (exclusion);

(b) employers, workers, directors of corporations that are employers or independent contractors that are admitted as being within the scope of this Part under section 74 (optional coverage) or section 75 (optional coverage for independent contractor);

(c) non-profit or charitable organizations admitted as being within the scope of this Part and their deemed workers under section 75.1 (volunteer coverage);

(d) persons declared to be workers under section 77 (declared workers); and

(e) deemed employers and their declared workers under section 77.1 (work experience program).

Exclusion of industries, employers or workers

2.1(1)      The Lieutenant Governor in Council may, by regulation, exclude an industry, an employer or workers from being within the scope of this Part and, in doing so, may

(a) provide that the regulation applies to only part of the province or the whole of the province;

(b) permit the inclusion of artisans and mechanics employed full-time at their trade in the excluded industry.

Board to consult industries, employers and workers

2.1(2)      Before a regulation is made under subsection (1), the board must provide an opportunity for consultation with affected industries, employers and workers, and report the results of the consultation to the minister.

5           Section 3 is repealed.

6(1)        The following is added after subsection 4(1):

Payment on day of accident

4(1.1)      Where a worker is injured in an accident and is unable to work during any part of the day of the accident, the employer shall pay to the worker the wages and benefits for the day of the accident as if the accident had not occurred.

No deduction from benefits

4(1.2)      No employer shall deduct sick pay entitlement or reduce the usual benefits to which a worker is entitled because the employer has to make a payment under subsection (1.1).

Employer fails to comply

4(1.3)      If the employer fails to comply with subsection (1.1) or (1.2),

(a) the board may pay to the worker the amount payable under subsection (1.1);

(b) the employer shall pay to the board a sum equal to the amount paid by the board under clause (a); and

(c) the employer is subject to an administrative penalty under subsection 109.7(1).

6(2)        Subsections 4(5.1) to (5.5) are replaced with the following:

Definitions

4(5.1)      In this section,

"full-time firefighter" means a full-time member of a fire fighting department; (« pompier à temps plein »)

"part-time firefighter" means a casual, volunteer or part-time member of a municipal fire brigade. (« pompier à temps partiel »)

Presumption re cancer and firefighters

4(5.2)      If a worker who is or has been a full-time firefighter or part-time firefighter suffers an injury that is

(a) a primary site brain cancer;

(b) a primary site bladder cancer;

(c) a primary site kidney cancer;

(d) a primary non-Hodgkin's lymphoma;

(e) a primary leukemia;

(f) a primary site colorectal cancer;

(g) a primary site ureter cancer; or

(h) a primary site lung cancer;

the injury must be presumed to be an occupational disease the dominant cause of which is the employment as a firefighter, unless the contrary is proven.

Application of presumption re cancer

4(5.3)      The presumption in subsection (5.2) applies to a worker

(a) who has been employed as a full-time firefighter or part-time firefighter for a minimum period prescribed by the Lieutenant Governor in Council by regulation; and

(b) who has been regularly exposed to the hazards of a fire scene, other than a forest-fire scene, throughout that period of employment.

Additional requirement re lung cancer

4(5.4)      In addition to the requirements of subsection (5.3), the presumption for a primary site lung cancer applies only to a worker who has been a non-smoker immediately before the day of the accident for a minimum period of time prescribed by the Lieutenant Governor in Council by regulation.

Effective date of presumption re cancer

4(5.5)      The presumption in subsection (5.2) applies to accidents that happen to

(a) full-time firefighters on or after January 1, 1992; or

(b) part-time firefighters on or after the day this subsection comes into force.

Presumption re heart injury to firefighters

4(5.6)      If a worker who is a full-time firefighter or part-time firefighter suffers an injury to the heart within 24 hours after attendance at an emergency response, the injury must be presumed to be an accident arising out of and in the course of the employment, unless the contrary is proven.

Regulations

4(5.7)      The Lieutenant Governor in Council may make regulations

(a) prescribing minimum periods of employment for the purpose of subsection (5.3), which may be

(i) different for different diseases set out in subsection (5.2), and

(ii) different for full-time firefighters and part-time firefighters;

(b) prescribing the minimum period of time for which a worker must be a non-smoker for the purpose of subsection (5.4).

6(3)        Subsection 4(8) is amended

(a) by replacing everything before clause (a) with "The board may enter into agreements with the Government of Canada, The Workers Compensation Board or similar body in another province or territory of Canada, a government outside of Canada or a workers compensation board or similar body in a jurisdiction outside of Canada, providing for"; and

(b) in clauses (b) and (c), by striking out "province or territory of Canada" and substituting "jurisdiction".

7           The following is added after subsection 6(3):

Exception if injustice would result

6(4)        Subsection 6(3) does not apply where the board is of the opinion that an injustice would result, in which case the board may allow the claim for compensation under this Part, subject to any terms and conditions it considers appropriate.

8(1)        Subsection 9(7) is amended

(a) in the English version, by striking out "dependents" and substituting "dependants"; and

(b) by striking out ", or against a worker of such an employer," and substituting ", against a worker of such an employer or against a director of a corporation that is such an employer,".

8(2)        Subsection 9(7.1) is amended by striking out "or a worker of that employer" and substituting ", a worker of that employer or a director of a corporation that is the employer".

8(3)        Subsection 9(8) is amended

(a) in the section heading, by striking out "or workers" and substituting ", workers or directors";

(b) by striking out "or a worker of such an employer" and substituting ", a worker of such an employer or a director of a corporation that is such an employer"; and

(c) by striking out "the employer or worker" wherever it occurs and substituting "the employer, worker or director".

9           The following is added after section 9:

Assignment of right of action in another jurisdiction

9.1         Where a worker or dependant entitled to compensation under this Part has a right of action in a jurisdiction other than Manitoba in respect of a personal injury to, or death of, the worker, the worker or dependant must assign the right of action to the board. The board may withhold payment of compensation to the worker or dependant until the assignment is made.

10          Section 11 is amended by striking out "he is liable to the penalties provided by section 80" and substituting "the principal is subject to an administrative penalty under subsection 109.7(1)".

11          Subsection 13(1) is amended by adding "or a director of the corporation that is the employer" after "employer" wherever it occurs.

12          Section 16 is replaced with the following:

Offence and administrative penalty

16          Every person who contravenes section 15

(a) commits an offence;

(b) is subject to an administrative penalty under subsection 109.7(1); and

(c) is also liable to repay to the worker any sum that has been deducted from the worker's wages or that the worker has been required or permitted to pay in contravention of section 15.

13(1)       Subsection 18(2) is amended

(a) in the section heading, by striking out "mailing" and substituting "filing"; and

(b) in the subsection, by striking out everything after clause (e) and substituting "and must be filed in a form and manner acceptable to the board".

13(2)       Subsection 18(4) is replaced with the following:

Offence and administrative penalty

18(4)       An employer who fails to make a report required under this section commits an offence and is subject to an administrative penalty under subsection 109.7(1).

13(3)       Subsection 18(5) is repealed.

14          The following is added after section 18:

Employer's duty to report worker's return to work

18.1(1)     An employer must notify the board when a worker who has been unable to work as a result of an accident returns to work with that employer.

Administrative penalty

18.1(2)     An employer who fails to comply with subsection (1) is subject to an administrative penalty under subsection 109.7(1).

15(1)       Subsection 19(1) is amended

(a) in the English version, by striking out "dependent" and substituting "dependant";

(b) by striking out "physician who attends" and substituting "health care provider, hospital or other health care facility that provides care to"; and

(c) by adding "and manner" after "form".

15(2)       The following is added after subsection 19(3):

Worker's duty to report return to work

19(4)       A worker who has been unable to work as a result of an accident must immediately notify the board upon returning to work.

Administrative penalty

19(5)       A worker who fails to comply with subsection (4) is subject to an administrative penalty under subsection 109.7(1).

16(1)       Subsection 19.1(1) is amended

(a) in the section heading, by striking out "make application" and substituting "claim compensation"; and

(b) in the subsection, by striking out "make application for" and substituting "apply for or pursue an application that has been made for or receive".

16(2)       Subsection 19.1(2) is replaced with the following:

No discriminatory action

19.1(2)     No employer or person acting on behalf of an employer shall take or threaten to take discriminatory action against a person for reporting or attempting to report an alleged violation of this section to the board.

Offence and administrative penalty

19.1(3)     Every person who contravenes this section commits an offence and is subject to an administrative penalty under subsection 109.7(1).

17          Section 20 is amended

(a) by replacing everything before clause (a) with the following:

Duty of those providing care to an injured worker

20 Every health care provider, hospital or health care facility that provides care to a worker who has been injured in an accident within the scope of this Part must

(b) in clause (a), by adding "and manner" after "form"; and

(c) in the English version, by striking out "dependents" wherever it occurs and substituting "dependants".

18          Section 22 is replaced with the following:

Worker to co-operate and mitigate

22(1)       Every worker must

(a) take all reasonable steps to reduce or eliminate any impairment or loss of earnings resulting from an injury;

(b) seek out, co-operate in and receive medical aid that, in the opinion of the board, promotes the worker's recovery; and

(c) co-operate with the board in developing and implementing programs for returning to work, rehabilitation or disability management or any other program the board considers necessary to promote the worker's recovery.

Board may reduce or suspend compensation

22(2)       If a worker fails to comply with subsection (1), the board may reduce or suspend the compensation payable to the worker.

19(1)       Subsection 23(2) is repealed.

19(2)       Subsection 23(3) is replaced with the following:

Compensation exempt from garnishment, etc.

23(3)       Subject to subsection (1), compensation is exempt from garnishment, seizure, attachment, execution or any similar process or claim and may not be assigned.

20(1)       Subsection 27(10) is amended by striking out "doctors, nurses, hospitals, and other institutions," and substituting "health care providers, hospitals or other health care facilities".

20(2)       Subsection 27(14) is amended

(a) by replacing the section heading with "Account to be filed within 12 months";

(b) by striking out "services" and substituting "aid";

(c) by striking out "physician" and substituting "health care provider";

(d) by striking out "care in the case" and substituting "aid"; and

(e) in the English version, by striking out "twelve" and substituting "12".

20(3)       Subsection 27(16) is replaced with the following:

Transportation to hospital and care on journey

27(16)      Every employer must, where necessary upon the happening of an accident to a worker,

(a) permit immediate transportation to a hospital or to a place where proper and adequate medical care can be given; and

(b) provide for the giving of necessary care to the injured worker during the journey.

20(4)       Subsections 27(17), (18) and (19) are repealed.

21          Section 27.1 is amended in the part before clause (a) by adding "subsequent" before "claim for medical aid".

22          Subsection 28(2) is amended by striking out "$5,000." and substituting "$9,310.".

23(1)       Subclause 29(1)(a)(i) is amended by striking out "subject to subsections (2) and (3),".

23(2)       Subsections 29(2) and (3) are repealed.

23(3)       Subsection 29(7) is amended

(a) by striking out "63 years" and substituting "61 years"; and

(b) by striking out "24 months" and substituting "48 months".

23(4)       Subsection 29(8) is amended by striking out "shall be" and adding "may be extended" before "until".

24(1)       Subsection 38(2) is amended

(a) in the part before clause (a), by striking out ", subject to subsection (3),"; and

(b) by replacing clauses (a), (b) and (c) with the following:

(a) 1% or greater but less than 30%: $1,030. for each full 1% of impairment;

(b) 30% or greater: $30,900. plus $1,240. for each full 1% of impairment in excess of 30%.

24(2)       Subsections 38(3) and (7) are repealed.

24(3)       Subsection 38(6) is amended by striking out "Subject to subsection (7), a" and substituting "A".

25(1)       Subsection 39(1) is replaced with the following:

Wage loss benefits for loss of earning capacity

39(1)       Subject to subsections (6) and (7), where an injury to a worker results in a loss of earning capacity after the day of the accident, wage loss benefits must be paid to the worker calculated in accordance with section 40 and equal to 90% of the loss of earning capacity.

25(2)       Subsection 39(3) is amended

(a) in the section heading of the English version, by striking out "over 62 years" and substituting "61 years of age or older";

(b) by striking out "63 years" and substituting "61 years"; and

(c) by striking out "24 months" and substituting "48 months".

25(3)       Subsection 39(5) is replaced with the following:

Limit to wage loss benefits payable

39(5)       Notwithstanding any other provision of this Act, but subject to subsections (6) and (7), wage loss benefits payable must not exceed 90% of the worker's loss of earning capacity.  To give effect to this subsection, the board may

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

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

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

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

25(4)       The following is added after subsection 39(5):

Earnings at or below the minimum

39(6)       Where the worker's average earnings before the accident, as determined by the board under section 45, are less than or equal to the minimum annual earnings, the wage loss benefits payable to the worker calculated in accordance with section 40 must be 100% of the loss of earning capacity.

Exception

39(7)       Where

(a) the worker's average earnings before the accident, as determined by the board under section 45, are greater than the minimum annual earnings; and

(b) wage loss benefits payable to the worker calculated at 90% of the loss of earning capacity are less than the amount payable to a worker earning the minimum annual earnings;

the wage loss benefits payable to the worker must be the amount that would be payable to a worker earning the minimum annual earnings.

26          The following is added after section 39.1 and before the centred heading "Loss of Earning Capacity":

Payment of wages by employer for first 14 days

39.2(1)     The Board of Directors may make regulations

(a) requiring a worker's employer at the time of the accident to pay to the worker, as an advance, up to 90% of the worker's net salary or wages for a time period not exceeding 14 days after the day of the accident;

(b) respecting the method of calculating the worker's net salary or wages payable by the employer;

(c) respecting reimbursement of the employer by the board in relation to an advance;

(d) respecting the recovery of any overpayment to the worker;

(e) excluding employers, workers or industries from the application of this section, in addition to those mentioned in subsection (2);

(f) concerning any matter necessary or advisable for the purposes of this section.

Exception

39.2(2)     This section does not apply to

(a) casual emergency workers as defined in subsection 1(4);

(b) persons deemed to be workers under subsection 60(2.1) (deemed worker and employer) or section 75.1 (volunteer coverage);

(c) employers, workers, directors of corporations, and independent contractors who are admitted as being within the scope of this Part under section 74 (optional coverage) or section 75 (optional coverage for independent contractor); or

(d) persons declared to be workers under section 77 (declared workers) or section 77.1 (work experience program).

27           Subsection 40(3) is amended

(a) in clauses (a) and (c), by striking out "Unemployment" and substituting "Employment"; and

(b) in the English version of clause (a), by striking out "dependent" and substituting "dependant".

28(1)       Clause 41(1)(a) is amended by striking out "Unemployment" and substituting "Employment".

28(2)       Subsection 41(4) is amended by striking out "90%" and substituting "100%".

28(3)       Subsections 41(5), (6) and (7) are repealed.

29(1)       Subsections 42(1) to (4) are replaced with the following:

Definitions

42(1)       In this section,

"contribution rate" means the contribution made by an employer to a pension plan for the benefit of a worker as a percentage of the worker's pre-accident earnings; (« taux de cotisation »)

"qualifying period" means a total period of 24 months during which a worker receives wage loss benefits. (« période d'admissibilité »)

Board's contribution to annuity

42(2)       Where wage loss benefits are paid to a worker after the qualifying period, the board must invest on the worker's behalf an amount equal to the following percentage of future wage loss benefits payable to the worker under this Part:

(a) where the employer's contribution rate before the accident was 5% or less, the difference between 5% and the employer's contribution rate after the qualifying period;

(b) where the employer's contribution rate before the accident was more than 5% but did not exceed 7%, the difference between the employer's contribution rate before the accident and the employer's contribution rate after the qualifying period;

(c) where the employer's contribution rate before the accident was more than 7%, the difference between 7% and the employer's contribution rate after the qualifying period;

but in no case may the amount be less than zero.

Worker may contribute to annuity

42(3)       For the purpose of investment under this section, a worker may, in writing, in a form and manner acceptable to the board, within three months after the qualifying period, advise the board that the worker elects to contribute an amount of not more than the amount contributed by the board under this section. The amount must be deducted from the wage loss benefits paid to the worker and added to the amount under subsection (2).

Establishment of annuity for retirement

42(4)       The amounts referred to in subsections (2) and (3), together with accrued interest, must be used to provide an annuity for the worker at retirement.

29(2)       Subsection 42(5) is repealed.

30          Clause 42(8)(b) is amended by striking out "50% of the value of".

31          Subsection 44(1) is amended by adding "and the maximum annual earnings under subsection 46(2)" after "dollar amounts".

32           Section 46 is replaced with the following:

Limitation re maximum annual earnings

46(1)       For accidents occurring after December 31, 1991, and before the day this section comes into force, no regard must be taken of the earnings of the worker in excess of the maximum annual earnings when calculating earnings for the purposes of this Part.

Maximum annual earnings set

46(2)       Subject to the regulations, the maximum annual earnings for accidents occurring after December 31, 1991, and before the day this section comes into force, are $45,500.

33          The following is added after section 49.2 and before the centred heading "THE WORKERS COMPENSATION BOARD":

Obligation to Re-employ

Obligation to re-employ

49.3(1)     In accordance with this section, an employer within the scope of this Part must offer to re-employ a worker

(a) who has been unable to work as a result of an accident; and

(b) who, on the day of the accident, had been employed by the employer for at least 12 continuous months on a full-time or regular part-time basis.

Exception

49.3(2)     This section does not apply to

(a) casual emergency workers, learners, persons deemed to be workers under section 75.1 (volunteer coverage) and persons declared to be workers under section 77 (declared workers) or section 77.1 (work experience program);

(b) an employer who employs fewer than 25 full-time or regular part-time workers, as determined by the board; or

(c) an employer, worker or industry excluded by regulation.

Duration of obligation

49.3(3)     The employer is obligated under this section until the earliest of the following dates:

(a) the second anniversary of the day of the accident;

(b) six months after the worker is medically able to perform the essential duties of the worker's pre-accident employment or other suitable work, as determined by the board;

(c) the date on which the worker would have retired from that employment, as determined by the board.

Duty to accommodate

49.3(4)     The employer must accommodate the work or the workplace to the needs of the worker to the extent that the accommodation does not cause the employer undue hardship.

Able to perform the essential duties

49.3(5)     When the worker is medically able to perform the essential duties of the worker's pre-accident employment, the employer must

(a) offer to re-employ the worker in the position the worker held on the day of the accident; or

(b) offer to provide the worker with alternative employment of a nature and at earnings comparable to the worker's employment on the day of the accident.

Able to perform suitable work

49.3(6)     When the worker is medically able to perform suitable work but is unable to perform the essential duties of the worker's pre-accident employment, the employer must offer the worker the first opportunity to accept suitable employment that becomes available with the employer.

Determinations re return to work

49.3(7)     If the worker and the employer disagree about the worker's fitness to return to work, the board must determine

(a) if the worker has not returned to work with the employer, whether the worker is medically able to perform the essential duties of the worker's pre-accident employment or to perform suitable work; or

(b) if the board has previously determined that the worker is medically able to perform suitable work, whether the worker is medically able to perform the essential duties of the worker's pre-accident employment.

Effect of termination

49.3(8)     If an employer re-employs a worker in accordance with this section and then terminates the employment within six months, the employer is presumed not to have fulfilled the employer's obligations under this section.  The employer may rebut the presumption by showing that the termination was not related to the accident.

Layoff or termination

49.3(9)     Nothing in this section prevents an employer from

(a) refusing to offer to re-employ a worker;

(b) refusing to continue to employ a worker;

(c) discharging, laying off or suspending a worker; or

(d) altering the status of or transferring a worker;

if the employer satisfies the board that the employer's decision to do so was for a business reason made in good faith and that the decision was not affected by the worker being or having been unable to work as a result of the accident.

Notice of dispute

49.3(10)    The employer or the worker must notify the board of disputes concerning whether the employer has fulfilled the employer's obligations to the worker under this section.

Resolution of dispute

49.3(11)    Upon receiving a notice under subsection (10), the board must, within 60 days or within any longer period that the board allows, determine whether the employer has fulfilled the employer's obligations to the worker under this section.

Mediation

49.3(12)    The board may attempt to resolve the dispute under subsection (10) through mediation.

Limitation

49.3(13)    The board is not required to make a determination under subsection (11) where

(a) a re-employed worker's employment is terminated within six months; and

(b) the worker's notice under subsection (10) is provided to the board more than three months after the date of termination.

Board may determine whether employer fulfills obligation

49.3(14)    The board may, on its own initiative, determine whether the employer has fulfilled the employer's obligations to the worker under this section.

Failure to comply

49.3(15)    If the board determines that the employer has not complied with an obligation under this section, the employer is subject to an administrative penalty under subsection 109.7(1) in an amount not exceeding the amount of the worker's net average earnings for the year before the accident.

Conflict with collective agreement

49.3(16)    If the employer's obligations under this section afford the worker greater re-employment terms than does a collective agreement that is binding on the employer, this section prevails over the collective agreement.

34          The following is added after subsection 50(4):

General powers

50(5)       The board has the capacity, rights and powers of a natural person for carrying out its purposes and objects.

35(1)       Clauses 50.2(1)(b) and (c) are amended by striking out ", one of whom may be an appeal commissioner".

35(2)       Subsection 50.2(3) is replaced with the following:

Term of appointment

50.2(3)     Members of the Board of Directors are to be appointed for the term fixed in the order appointing them, which must not exceed four years.

Staggered terms of appointment

50.2(3.1)   In making the appointments, the Lieutenant Governor in Council may have regard to the length of the terms so that no more than one-third of the appointments expire in any year.

Eligible for reappointment

50.2(3.2)   Each member of the Board of Directors is eligible for reappointment.

After term expires

50.2(3.3)   A member of the Board of Directors whose term expires continues to hold office until reappointed or a successor is appointed or until the appointment is revoked.

36          Section 51.1 is replaced with the following:

Functions of Board of Directors

51.1(1)     The Board of Directors must

(a) approve and supervise the policies and direction of the board, including policies respecting compensation, rehabilitation, assessment and investment of the accident fund;

(b) consider and approve operating and capital budgets of the board; and

(c) plan for the future of the compensation system.

Establishment of committees

51.1(2)     The Board of Directors may establish committees of the Board of Directors that it considers necessary and must establish

(a) a policy and planning committee;

(b) an audit committee; and

(c) an investment committee.

Composition of committees

51.1(3)     Each committee of the Board of Directors established under subsection (2) must be composed of

(a) the chairperson of the Board of Directors;

(b) the chief executive officer; and

(c) an equal number of members of the Board of Directors representative of workers, employers and the public interest, one of whom must be appointed chairperson of the committee by the Board of Directors.

Additional members of the audit and investment committees

51.1(4)     For the audit committee and the investment committee, the Board of Directors may appoint not more than three other persons as members of each committee.

Remuneration for audit and investment committee members

51.1(5)     The Board of Directors may fix the remuneration of an audit committee member or an investment committee member who is not a member of the Board of Directors.

Functions of the policy and planning committee

51.1(6)     The policy and planning committee must

(a) develop policy for the consideration of the Board of Directors; and

(b) review and evaluate strategic plans and make recommendations to the Board of Directors.

Functions of the audit committee

51.1(7)     The audit committee must

(a) review and advise the board about the annual report under section 70 and the separate accounts under section 87;

(b) review and advise the board about any audit or investigation under section 69;

(c) make recommendations to the Board of Directors about the board's internal control procedures;

(d) make recommendations to the Board of Directors about standards of conduct and conflict of interest guidelines;

(e) review and approve the mandate of the board's internal auditor and the internal audit plans;

(f) periodically arrange and participate in meetings with the internal auditor and the Auditor General or other auditor appointed by the Lieutenant Governor in Council to review the results of the internal audit practices of the board; and

(g) perform any other functions assigned to it by the Board of Directors.

Functions of the investment committee

51.1(8)     The investment committee must

(a) develop policy for the consideration of the Board of Directors for the prudent investment of the accident fund;

(b) regularly review and advise the Board of Directors about the investments in which the accident fund is invested;

(c) make recommendations to the Board of Directors about the engagement of appropriate investment managers or advisors; and

(d) ensure the board has in place reasonable and prudent supervision of any investment managers or advisors.

37          The following is added after section 54:

Definitions

54.1(1)     In this section,"department", "division", "health", "minister" and "safety" have the same meaning as in The Workplace Safety and Health Act.

Prevention promotion, advice to the minister, etc.

54.1(2)     In order to promote safety and health in workplaces and to prevent and reduce the occurrence of workplace injuries and diseases, the board may, in co-operation with the department and the division,

(a) promote public awareness of workplace safety and health and injury and disease prevention;

(b) promote an understanding of and compliance with this Act and The Workplace Safety and Health Act;

(c) foster commitment to workplace safety and health and injury and disease prevention among employers, workers and other persons;

(d) work with organizations engaged in workplace injury and disease prevention to promote workplace safety and health;

(e) advise the minister about workplace injury and disease prevention;

(f) develop an annual workplace injury and disease prevention plan to be submitted to the minister; and

(g) publish reports, studies or recommendations about workplace safety and health and injury and disease prevention.

Expenditures

54.1(3)     The board may make expenditures from the accident fund that the board considers necessary to give effect to this section.

Information

54.1(4)     The board, department and division may share information with one another about workplace safety and health and injury and disease prevention to the extent necessary to give effect to this section.

38(1)       The following is added after clause 60(2)(p):

(q) whether an employer employs fewer than 25 full-time or regular part-time workers;

(r) whether an employer is a new employer or a successor employer for the purpose of determining the employer's experience;

(s) whether a person is an artisan or a mechanic for the purposes of this Act.

38(2)       The following is added after subsection 60(2.1):

No jurisdiction over constitutional questions

60(2.2)     The board and the appeal commission do not have jurisdiction over constitutional questions.

Application

60(2.3)     Subsection (2.2) applies to determinations made after this section comes into force, regardless of the date of the accident.

39(1)       Subsection 60.2(2) is replaced with the following:

Term of office

60.2(2)     The Chief Appeal Commissioner and each appeal commissioner are to be appointed for the term fixed in the order appointing them, which must not exceed five years or be less than two years.

Eligible for reappointment

60.2(2.1)   The Chief Appeal Commissioner and each appeal commissioner are eligible for reappointment.

39(2)       Subsection 60.2(3) is amended by striking out "Subject to subsection 50.2(1), no" and substituting "No".

39(3)       The following is added after subsection 60.2(4):

Powers after resignation or expiry of term

60.2(5)     If an appeal commissioner resigns or the appointment expires, the Chief Appeal Commissioner may authorize that individual to continue to exercise the powers of an appeal commissioner in any proceeding over which that individual had jurisdiction immediately before the end of the term.

Authorization continues until final decision made

60.2(6)     The authorization continues until a final decision in that proceeding is made.

Remuneration after resignation or expiry of term

60.2(7)     If the appeal commissioner performs duties under subsection (5), subsection (4) applies.

40          Section 60.4 is amended by striking out "chairperson of the Board of Directors" and substituting "Chief Appeal Commissioner".

41          Subsection 60.5(1) is repealed.

42          Subsection 60.8(7) is repealed.

43          Section 60.9 is amended by renumbering it as subsection 60.9(1) and adding the following as subsections 60.9(2) and (3):

Not a further level of appeal

60.9(2)     This section does not establish a further level of appeal.

Board may make policies re review

60.9(3)     The Board of Directors may make policies to define the circumstances under which it will review decisions of the appeal commission.

44(1)        Subsections 60.91(1) and (2) are renumbered as subsections 60.10(1) and (2).

44(2)       Subsection 60.91(3) is renumbered as subsection 60.10(4) and the following is added as subsection 60.10(3):

Finality of decision

60.10(3)    A decision of the Chief Appeal Commissioner under this section is final and conclusive.

44(3)       The following is added as subsection 60.10(5):

Correction of clerical or typographical errors

60.10(5)    The appeal commission may correct clerical or typographical errors in any decision or order it has made.

45          The following is added after section 60.10:

Annual report of appeal commission

60.11(1)    As soon as possible after the end of each calendar year and no later than March 31, the appeal commission must submit a report to the minister generally describing the performance of its duties under this Act.

Tabling report in Assembly

60.11(2)    The minister must table a copy of the report in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

46          Section 61 is replaced with the following:

Protection from liability

61          No action or proceeding may be brought against the board, a member of the Board of Directors, an employee or agent of the board, an appeal commissioner, a member of a medical review panel, the Fair Practices Advocate or a worker adviser acting under the authority of this Act for anything done or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act or its regulations; or

(b) in the exercise or intended exercise of a power under this Act or its regulations;

unless the person was acting in bad faith.

47          Section 62 is replaced with the following:

Board and employees not to be witnesses

62          None of the following persons is a compellable witness in a civil action or other proceeding to which the board is not a party respecting any document or information obtained, received or made under this Act or regulations, and may not be compelled to produce such documents:

(a) a member of the Board of Directors or a medical review panel;

(b) an appeal commissioner;

(c) the Fair Practices Advocate;

(d) a worker adviser;

(e) an employee or agent of the board.

48          Subsection 66(1) is amended by striking out ", a medical referee,".

49(1)       Subsection 67(4) is amended in the section heading by adding "of worker" at the end.

49(2)       The following is added after subsection 67(4):

Reference to panel on request of employer

67(4.1)     At the written request of an employer, the board may refer a medical matter to a panel for its opinion. The medical matter must be real and substantial and affect entitlement to compensation. The request must be received by the board before a decision by the appeal commission under subsection 60.8(5) is made.

49(3)       Subsection 67(5) is replaced with the following:

Duties of chair

67(5)       Where a matter is referred to a panel, the chair

(a) must invite any physician who has given a certificate under subsection (4) to attend a meeting of the panel to discuss the matter;

(b) may order any medical examination or test; and

(c) may invite any other health care provider that the chair considers appropriate to attend a meeting of the panel to discuss the matter.

Panel may examine, consult

67(5.1)     A panel to whom a matter is referred may examine the worker and may consult with any health care provider that the panel considers appropriate.

49(4)        The following provisions of the English version are amended by striking out "chairman", with necessary grammatical changes, wherever it occurs in the section heading and in the subsection and substituting "chair", with necessary grammatical changes:

(a) subsection 67(7);

(b) clause 67(9)(a);

(c) subsection 67(10).

49(5)       Subsection 67(14) is repealed.

50(1)       Subsection 68(1) is amended

(a) by replacing clause (a) with the following:

(a) prescribing minimum annual earnings;

(b) by adding the following after clause (h):

(h.1) excluding industries, employers or workers from the application of section 49.3 (obligation to re-employ);

(c) by repealing clauses (i), (o) and (q); and

(d) by adding the following after clause (r):

(r.1) respecting administrative penalties under subsection 109.7(1), including

(i) prescribing the amounts of the administrative penalties that may be imposed, and

(ii) governing appeals from decisions to impose administrative penalties;

50(2)       Subsection 68(3) is replaced with the following:

Offence and administrative penalty

68(3)       Every person who contravenes a regulation commits an offence and is subject to an administrative penalty under subsection 109.7(1).

50(3)       Subsection 68(4) is amended by replacing everything before "the board has jurisdiction" with the following:

Board to determine right of action

68(4)       Where an action in respect of an injury is brought against an employer, a director of a corporation that is an employer or a worker of an employer,

51          The following is added after subsection 69(2):

Program audit

69(3)       In addition to any audit under subsection (1) or (2), the Board of Directors must, at least once every five years, appoint an independent auditor to review the cost, efficiency and effectiveness of at least one program provided under this Act. The minister may determine which program is to be reviewed.

52           Section 73 is replaced with the following:

Accident fund continued

73(1)       A fund called the "accident fund" is continued for the payment of the compensation, outlays and expenses under this Part.

Assessment classes established

73(2)       Subject to section 79 (assignment of industry to class and group) and the regulations, the following classes are established for the purpose of assessment:

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

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

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

(d) Class D — The City of Winnipeg;

(e) Class E — Employers in all industries in Manitoba not included in the above classes and not excluded by regulation under section 2.1.

53(1)       Subsection 74(1) is amended

(a) by replacing the section heading with "Optional coverage for firms in excluded industries"; and

(b) in the subsection, by striking out "thereof not within the scope of this Part" and substituting "that is excluded from being within the scope of this Part by regulation under section 2.1".

53(2)        The section heading for subsection 74(3) is replaced with "Optional coverage for employers and directors".

53(3)        Subsection 74(4) is amended

(a) in the section heading, by striking out "employed family member" and substituting "director of corporation"; and

(b) in the subsection, by adding "or" at the end of clause (a), striking out "or" at the end of clause (b) and repealing clause (c).

54(1)       The section heading for subsection 75(1) is replaced with "Optional coverage for independent contractor".

54(2)       Subsection 75(3) is replaced with the following:

Meaning of "independent contractor"

75(3)       In this section, "independent contractor" means a self-employed person, including a partner in a partnership, who carries on or engages in any industry, and who does not employ any workers in connection with that industry.

55          The following is added after section 75:

Non-profit or charitable organization and volunteers admitted

75.1(1)     A non-profit or charitable organization may apply to the board — on its own behalf and on behalf of any person or group of persons who performs volunteer service for the organization — to be admitted as being within the scope of this Part. The board may admit the organization and the person or group of persons, subject to any terms and conditions, and for the period, that the board considers appropriate.

Volunteers deemed to be workers

75.1(2)     A person admitted under subsection (1) is deemed to be a worker of the non-profit or charitable organization.

Average earnings

75.1(3)     The average earnings of a person deemed to be a worker under subsection (2) are the greater of

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

(b) an amount determined by the board as fairly representing the probable earning capacity of the person, which amount must not exceed the average of the industrial average wage for each of the 12 months before July 1 in the year before the accident.

Automatic indexation

75.1(4)     The average earnings referred to in subsection (3) must be adjusted on the first day of the month following the second anniversary of the accident and annually thereafter by applying the indexing factor determined under section 47.

56           Section 76.6 is amended

(a) by replacing the section heading with "Determination of amount payable"; and

(b) in the section, by adding "and the costs incurred under section 77.1 (work experience program)" at the end.

57          Subsection 77(3) is amended in the part before clause (a) by striking out "under clause 40(1)(a)".

58          The following is added after section 77:

Person in work experience program declared worker

77.1(1)     The board may, by order, declare any person or group of persons who participates in a work experience program and who is not otherwise considered a worker under this Act, to be a worker within the scope of this Part, subject to any terms and conditions, and for the period, that the board considers appropriate.

Method of describing class

77.1(2)     For the purposes of subsection (1), a group of persons may be described by reference to the nature of the work experience program or in any other manner that the board determines.

Average earnings

77.1(3)     For the purposes of this Act, the average earnings of a worker under subsection (1) must be calculated under subsection 77(3) or (3.1), as the case may be, unless the board provides otherwise in the order.

Automatic indexation

77.1(4)     The average earnings referred to in subsection (3) must be adjusted on the first day of the month following the second anniversary of the accident and annually thereafter by applying the indexing factor determined under section 47.

Deemed employer

77.1(5)     For the purposes of this Part, both

(a) the educational or training institution that places the person in the work experience setting; and

(b) the person who accepts the person participating in a work experience program;

are deemed to be the employer of a worker under subsection (1).

Period of employment

77.1(6)     The period of employment of a worker under subsection (1) is deemed to begin when the person is exposed to the risks of the workplace and is deemed to end when the person is no longer exposed to the risks of the workplace, as determined by the board.

Determining record and experience of deemed employer

77.1(7)     When determining the record and experience of a deemed employer under subsection (5), the board must exclude the cost of compensation awarded to any worker under this section.

59          The following is added after section 79:

Terms and conditions on exclusion

79.1        Where a previously included industry is excluded by regulation under section 2.1, the board may impose terms and conditions it considers necessary, including making such adjustments and dispositions of funds, reserves and accounts and requiring payment of such funds, to ensure that no class, sub-class, group or sub-group is adversely affected.

60(1)        Subsection 80(4) is replaced with the following:

Basis of estimated payroll

80(4)       In computing the amount of the payroll of an employer for the purpose of assessment, the board must only consider the portion of the payroll that represents workers and employment within the scope of this Part.

Insurable earnings for payroll

80(4.1)     In computing the amount of the payroll of an employer in any year after 1991 and before the day this subsection comes into force, the board must only consider the annual wages of a worker at or below the maximum annual earnings mentioned in section 46.

60(2)       Subsection 80(5) is replaced with the following:

Offence and administrative penalty

80(5)       A person who fails to comply with subsections (1), (2) or (3) commits an offence.

61          The following is added after section 80:

Waiver of requirement to furnish estimate of payroll 80.1(1) Upon the application of an employer, the board may waive the requirement to furnish an estimate of payroll under subsection 80(1).

Certain parts of Act do not apply

80.1(2)     Subsections 80(6) and (6.1) and subsection 81(7.3) do not apply where the board has waived the requirement to furnish an estimate of payroll.

Assessments based upon actual payroll

80.1(3)     Where the board has waived the requirement to furnish an estimate of payroll, the employer must provide the board with a certified copy of a record of wages of the employer's actual quarterly or monthly payroll, or some other period the board determines. The employer must pay to the board the assessment due thereon based on the rate fixed by the board.

Time for payment

80.1(4)     An assessment under subsection (3) must be paid at the time required by the board.

Liability for interest

80.1(5)     An employer who fails to pay an assessment at the time required by the board is liable to pay the board interest on the unpaid assessment from the date determined by the board under subsection (4) to the date of payment at the rate provided for in subsection 86(2).

Revocation of waiver

80.1(6)     The board may revoke a waiver given under subsection (1) at any time. In that case, the employer is liable to pay an assessment under this Part as if no waiver had been granted, subject to receiving a credit for the amounts paid for that year, before the waiver was revoked.

62          Subsection 81(1) is amended

(a) in subclause (c)(v), by adding ", or employer" after "sub-group"; and

(b) by adding the following as clause (h):

(h) to provide a fund to meet the cost of claims of persons declared to be workers under section 77.1 (work experience program).

63          Section 81.1 is replaced with the following:

Definition

81.1(1)     In this section, "business enterprise" means property and assets of any nature or kind used in connection with the business of an employer, including inventory, equipment, receivables or intangibles.

Certificate required on disposition of business enterprise

81.1(2)     Where an employer disposes of all or substantially all of its business enterprise, the employer must obtain a certificate from the board stating

(a) that the board has no claim under this Act against the employer; or

(b) that the board has a claim and the employer has made arrangements for payment of it.

Delivery of certificate to purchaser

81.1(3)     The employer must deliver a copy of the certificate under subsection (2) to the purchaser.

Effect on purchaser of no certificate

81.1(4)     Where a purchaser fails to obtain a copy of the certificate under subsection (2), the purchaser is jointly and severally liable with the employer for any amount owing to the board under this Act by the employer. The purchaser has a right of action against the employer for any amount that the purchaser is required to pay to the board under this section.

64(1)       Subsection 82(4) is amended by striking out "or" at the end of clause (b) and replacing clause (c) with the following:

(c) deem the cost of any claim in which a worker dies in an accident to be an amount determined by the Board of Directors based on actuarial principles; or

(d) exclude that portion of the cost of compensation awarded to the workers of the employer that, in the board's opinion, would unfairly burden a particular employer.

64(2)       The following is added after subsection 82(7):

Finality of assessments

82(8)       The board may limit the time within which an employer, in respect of determinations made in previous years, may be reclassified, reassessed or entitled to a transfer of costs from the employer's record and experience.

65          Subsection 86(1) is amended by striking out everything after clause (b) and substituting "the employer is subject to an administrative penalty under subsection 109.7(1)".

66          Sections 92 and 93 are repealed.

67(1)       Subsection 94(2) is amended by striking out "as directed by the investment committee".

67(2)       Subsections 94(3), (4) and (5) are repealed.

68          Section 95 is repealed.

69          Subsection 97(3) is amended

(a) by striking out "or" at the end of clause (a);

(b) in clause (b), by striking out "to a bank in lieu of borrowing by overdraft;" and substituting "; or"; and

(c) by adding the following after clause (b):

(c) by way of a mortgage in connection with a real estate investment made under subsection 94(2) (investment of excess funds);

70          Subsection 98(2) is replaced with the following:

Offence and administrative penalty

98(2)       An employer who fails to comply with subsection (1) commits an offence and is subject to an administrative penalty under subsection 109.7(1).

71          Subsection 100(4) is amended

(a) by replacing the section heading with "Offence"; and

(b) in the subsection, by striking out "is guilty of an offence and is liable to a fine not exceeding $5,000." and substituting "commits an offence".

72(1)       Subsection 101(1) is amended

(a) by adding ", including the Fair Practices Advocate," before "shall divulge"; and

(b) in the English version, by striking out "dependent" and substituting "dependant".

72(2)       Subsection 101(7) is amended

(a) by replacing the section heading with "Offence"; and

(b) in the subsection, by striking out "is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $5,000." and substituting "commits an offence".

73          Section 103 is repealed.

74          The following is added after subsection 108(3):

Access to information

108(4)      Worker advisers must allow workers and dependants to whom assistance has been given under this Part to have access to their files that are in the possession of the worker adviser.

75          The following is added after section 108:

Appointment of Fair Practices Advocate

108.1(1)    The Board of Directors must appoint a Fair Practices Advocate and define his or her role and mandate.

Report to the Board of Directors

108.1(2)    The Fair Practices Advocate must report to the Board of Directors.

Fair Practices Advocate may investigate and recommend

108.1(3)    The Fair Practices Advocate may, in accordance with the role and mandate established by the Board of Directors, investigate and make recommendations relating to any matter under this Act, including claims or assessment matters, in which a worker, dependant or employer is or may be aggrieved.

76(1)       Subsection 109.1(1) is amended

(a) in the section heading, by striking out "and penalty";

(b) in the English version, by striking out "or" at the end of clause (c) and by adding "or" at the end of clause (d); and

(c) by striking out everything after clause (d) and substituting the following:

(e) deliberately fails to inform the board about a matter affecting a worker's entitlement to compensation;

commits an offence.

76(2)       Subsections 109.1(2) to (5) are repealed.

77          The following is added after section 109.5 as part of Part I:

Fines for offences

109.6(1)    Except as provided in subsection (2), a person who commits an offence under this Act or the regulations is liable, on summary conviction,

(a) if the person is a worker, to a fine of not more than $1,500.; and

(b) if the person is not a worker, to a fine of not more than $7,500.

Offence under subsection 109.1(1)

109.6(2)    A person who commits an offence under subsection 109.1(1) is liable, on summary conviction,

(a) if the person is a worker, to a fine of not more than $1,500. or imprisonment for a term of not more than three months, or both; and

(b) if the person is not a worker, to a fine of not more than $7,500. or imprisonment for a term of not more than three months, or both.

Offence by corporation

109.6(3)    When a corporation commits an offence under this Act or the regulations, any officer, director or agent of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable, on summary conviction, to the penalty provided for the offence, whether or not the corporation has been prosecuted or convicted.

Continuing offence

109.6(4)    Where a contravention of this Act or a regulation continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.

Restitution

109.6(5)    A justice who finds a person guilty of an offence under this Act or the regulations may, in addition to any penalty imposed under this section, order the person to repay to the board any money obtained by that person as a result of the commission of the offence.

Order filed in court

109.6(6)    If money is ordered to be paid under subsection (5), the board may file a certified copy of the order in the Court of Queen's Bench. The order is deemed to be a judgment of the court in favour of the board, and may be enforced as such.

Limitation on prosecution

109.6(7)    A prosecution under this Act may not be commenced later than

(a) for an offence committed under subsection 109.1(1), four years after the day the alleged offence was committed; and

(b) for all other offences, two years after the day the alleged offence was committed.

Rights not affected by prosecution

109.6(8)    Nothing in this section limits the board's right to take proceedings to obtain a civil remedy, including proceedings under section 109.2 (recovery of overpayments).

Certificate as proof

109.6(9)    In any prosecution or proceeding under this Act in which proof is required respecting

(a) the filing with the board of a statement, record or report required under this Act; or

(b) service of a notice, order or document by the board on an employer, worker or other person;

a certificate signed by an authorized person on the board's behalf is admissible in evidence as proof of the facts stated, unless the contrary is proven. Proof of the person's authority or signature is not required.

Administrative penalty

109.7(1)    A person who is subject to an administrative penalty under

(a) subsection 4(1.1) (payment on day of accident);

(b) subsection 4(1.2) (no deduction for payment on day of accident);

(c) section 11 (principal's duty to see that contractor files statements);

(d) section 15 (no deduction from wages by employer, no contribution from worker);

(e) section 18 (employer to report accident);

(f) section 18.1 (employer to report worker's return to work);

(g) subsection 19(4) (worker to report return to work);

(h) section 19.1 (claims suppression);

(i) section 49.3 (obligation to re-employ);

(j) subsection 68(3) (contravening a regulation);

(k) section 86 (payroll estimate, record of wages, nature of work statement);

(l) section 98 (returns from industry commenced after prescribed date);

shall, where the board determines, pay to the board a penalty in an amount prescribed by regulation.

No offence to be charged if penalty paid

109.7(2)    Notwithstanding any other provision of this Act, a person who pays a penalty under this section may not be charged with an offence respecting that contravention, unless the contravention continues after the penalty is paid.

Relief from penalty

109.7(3)    The board may, if it is satisfied that a person has a reasonable explanation for the contravention, relieve the person in whole or in part from the payment of a penalty under this section.

Enforcement of penalty

109.7(4)    The payment of a penalty to the board under this Act may be enforced in the same manner as the payment of an assessment or other debt due to the board.

Service or filing of documents with the board

109.8       The board may establish policies and procedures for the form and manner of the service or filing of documents with the board, including by telephone, mail, delivery, facsimile or electronic transmission.

78          Section 110 is replaced with the following:

Application of sections 111 to 113

110         Sections 111 to 113 apply only to the industries, employers or workers excluded from the application of Part I by regulation under section 2.1.

79          Section 115 is replaced with the following:

Review of this Act

115(1)      At least once every 10 years, a comprehensive review must be undertaken of this Act by a review committee appointed by the Lieutenant Governor in Council.

Review committee

115(2)      The review committee must be composed of one or more persons representative of

(a) the public interest;

(b) workers; and

(c) employers.

Report to minister

115(3)      The review committee must report its findings and recommendations to the minister.

80          The following provisions of the English version are amended by striking out "dependent", with necessary grammatical changes, wherever it occurs in the section heading and in the section and substituting "dependant", with necessary grammatical changes:

(a) section 20.1;

(b) subsection 23(1);

(c) subsection 24(3.1);

(d)  subsection 28(1);

(e) subsections 29(1) and (11);

(f) subsection 31(2);

(g) section 32;

(h) section 32.1;

(i) clauses 43(1)(b) and (c);

(j) section 49.1;

(k) subsection 101(1.1);

(l) clauses 108(2)(a), (b) and (c);

(m) clause 109.5(1)(e).

81          The Schedule is repealed.

Consequential amendment, C.C.S.M. c. E80

82          Section 19 of The Emergency Measures Act is repealed.

Coming into force

83(1)       Subject to subsections (2) and (3), this Act comes into force on a day to be fixed by proclamation, and applies to accidents that occur on or after that day.

Exception: subsection 6(2)

83(2)       Subsection 6(2) comes into force on the day it receives royal assent.

Exception: section 32

83(3)       Section 32 applies to accidents that occur after December 31, 1991, and before the day that section comes into force.