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The Manitoba Public Insurance Corporation Amendment Act

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2014, c. 15

Bill 49, 3rd Session, 40th Legislature

The Manitoba Public Insurance Corporation Amendment Act

(Assented to June 12, 2014)

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) by repealing the definition "automobile"; and

(b) in the definition "corporation", by adding ", except where the context otherwise requires," before "means".

3           Clause 6(2)(h) is amended by striking out "research or educational".

4           Clause 26(2)(d) is amended by striking out "automobiles" and substituting "motor vehicles".

5           The following is added after clause 37(c):

(c.1) an insured fails to provide information, or an authorization to obtain information, in response to a written request by the corporation made under section 69.2; or

6           The following is added after section 69 as part of Part 1:

Definitions

69.1        The following definitions apply in this section and sections 69.2 to 69.7.

"claim" means

(a) an application to the corporation for benefits or insurance money to be paid by the corporation; or

(b) a claim for damages for injury, death or loss of or damage to property that arises out of the use or operation of a motor vehicle, if the claim is made against a person who is insured by the corporation for third party legal liability. (« demande »)

"claimant" means a person who makes a claim. (« demandeur »)

"handling", in relation to a claim, means settling, adjusting, defending or otherwise dealing with the claim or the corporation's rights of subrogation or recovery arising from the claim. (« traitement »)

"justice" means a justice of the peace or a judge of the Provincial Court of Manitoba. (« juge »)

"personal health information" means personal health information as defined in The Personal Health Information Act. (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)

"place" includes a vehicle. (« lieu »)

"police service" means a police service as defined in The Police Services Act. (« service de police »)

Claimant must provide information

69.2        A claimant must provide any information, and any authorization necessary to obtain information, reasonably required by the corporation for the purpose of handling the claim.

Person providing services must provide information

69.3        A person who requests payment from the corporation for goods or services provided to a claimant must provide any information reasonably required by the corporation for the purpose of assessing the request for payment. The corporation may refuse to make payment for the goods and services until the required information is provided.

Corporation may collect information

69.4(1)     The corporation is authorized to collect information, including personal information and personal health information, from the following public bodies if the corporation reasonably requires the information for the purpose of handling a claim:

(a) the Office of the Fire Commissioner of Manitoba;

(b) the department of government through which The Highway Traffic Act is administered;

(c) a fire protection force, municipal fire department or emergency medical response service.

Public body authorized to give information

69.4(2)     A public body referred to in subsection (1)

(a) is authorized to disclose information, including personal information and personal health information, to the corporation for the purpose of the corporation's handling of a claim; and

(b) must provide the corporation with information, including personal information and personal health information, requested and reasonably required by the corporation for the purpose of handling a claim.

Information from police services and RCMP

69.5        Police services and the Royal Canadian Mounted Police are authorized to disclose and provide to the corporation, and the corporation is authorized to collect, any report or witness statement relevant to the corporation's handling of a claim, including any personal information or personal health information contained in the report or statement.

Offence — false or misleading claims information

69.6(1)     A person who knowingly provides to the corporation

(a) false or misleading information that is material to a claim; or

(b) false or misleading information in order to obtain payment for goods or services provided to a claimant, whether or not the goods or services are actually provided to the claimant;

is guilty of an offence.

Directors and officers

69.6(2)     If a corporation commits an offence under subsection (1), a director or officer of that corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not that corporation has been prosecuted or convicted.

Penalties

69.6(3)     Every person who is guilty of an offence under this section is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $50,000 or imprisonment for a term not exceeding six months, or both; and

(b) in the case of a corporation, to a fine of not more than $500,000.

Restitution

69.6(4)     A court that finds a person guilty of an offence under this section may, in addition to any penalty imposed under this section, order the person to repay to the corporation any money obtained by that person as a result of the commission of the offence.

Time limit for prosecution

69.6(5)     A prosecution under this section may not be commenced later than two years after the day the alleged offence was committed.

Investigators

69.7(1)     The corporation may designate one or more of its employees as investigators for the purpose of this section.

Applying for a search warrant or production order

69.7(2)     An investigator may apply for a search warrant or a production order by submitting information under oath to a justice.

Application without notice

69.7(3)     An application for a search warrant or production order may be made without notice.

Conditions for issuing search warrant

69.7(4)     A justice may issue a search warrant if he or she is satisfied by information under oath that there are reasonable grounds to believe that

(a) an offence under section 69.6 is being or has been committed; and

(b) something is to be found in a place that will provide evidence of the offence.

Authority of search warrant

69.7(5)     A search warrant may authorize an investigator and any other person named in the warrant to do any or all of the following:

(a) enter and search the place described in the warrant and seize and detain anything described in the warrant;

(b) use any data storage, processing or retrieval device or system in the place in order to produce a record, information or evidence described in the warrant, in any form;

(c) use any copying equipment in the place to make copies of any record;

(d) take photographs or recordings of the place, or anything in the place;

(e) conduct any measurements or tests on the place or of anything in the place.

Conditions for issuing production order

69.7(6)     A justice may issue a production order if he or she is satisfied by information under oath that there are reasonable grounds to believe that

(a) an offence under section 69.6 is being or has been committed; and

(b) a person has possession or control of documents or data that will provide evidence of the offence.

Authority of production order

69.7(7)     A production order may require a person named in the order to

(a) produce documents, or copies of them verified by affidavit, or to produce data; or

(b) prepare and produce a document based on documents or data already in existence.

Time and form of production

69.7(8)     A production order may require the documents or data to be produced to an investigator within the time, at the place and in the form specified in the order.

Duty of person who seizes things

69.7(9)     An investigator who seizes anything under the authority of a search warrant or receives an original document under a production order must, as soon as practicable, bring it before a justice, or report on it to a justice, to be dealt with according to law.

7           Subsection 70(1) is amended

(a) by replacing the definitions "minor" and "student" with the following:

"minor" means a victim who is under 18 years of age at the time of the accident; (« mineur »)

"student" means a victim who, at the time of the accident, is

(a) 18 years of age or older and attending a secondary or post-secondary educational institution on a full-time basis, or

(b) a minor who has met the requirements for receiving a high school diploma or provincial certificate of completion and is attending a post-secondary educational institution on a full-time basis; (« étudiant »)

8           Clauses 71(2)(b), (c) and (d) are replaced with the following:

(b) the result of an accident that is caused by one of the following:

(i) a farm tractor, other than a farm tractor that is required to be registered as a motor vehicle under The Drivers and Vehicles Act, if the accident occurs off a highway,

(ii) as defined in The Highway Traffic Act, a self-propelled implement of husbandry, motorized mobility aid, special mobile machine or power-assisted bicycle,

(iii) a snow vehicle as defined in The Highway Traffic Act, other than a snow vehicle capable of being registered under The Drivers and Vehicles Act,

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

(v) a golf cart,

(vi) a prescribed personal transportation vehicle;

unless an automobile in motion — other than a vehicle described in subclauses (i) to (vi) — is involved in the accident; or

(c) is the result of any event or activity — other than an event or activity sanctioned by the corporation — on a track or other location temporarily or permanently closed to all other automobile traffic so that the event or activity may occur, whether or not the automobile that causes the bodily injury is participating in the event or activity.

9           Section 77 is replaced with the following:

Recovery re accident in Manitoba involving non-resident

77(1)       If a person is entitled to compensation under this Part by reason of an accident that occurred in Manitoba, the corporation has the right 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.

Compensation

77(2)       The amount recoverable by the corporation under subsection (1) is the total compensation paid to or on behalf of the victim under this Part.

Action by the corporation

77(3)       The corporation may bring an action in its own name to enforce the right referred to in subsection (1) and to determine the extent that the person referred to in clause (1)(a) is responsible for the accident. For certainty, the action is not a subrogated claim.

Victim to cooperate

77(4)       The victim entitled to receive compensation in the circumstances referred to in subsection (1) must cooperate with the corporation in any action under this section and, when requested by the corporation, must assist in securing information and evidence and the attendance of witnesses.

Limitation of action

77(5)       An action by the corporation under subsection (3) must be commenced within two years after the day on which the corporation decides that compensation is payable in the circumstances referred to in subsection (1).

Application

77(6)       This section is not subject to section 72 (no tort actions).

10           Section 80 is amended in the part before clause (a) by striking out "or 77 (accidents within the province involving non-residents)".

11          The definition "secondary level" in subsection 87(1) of the English version is amended by striking out "Grades IX to XII" and substituting "grades 9 to 12".

12          Section 93 is replaced with the following:

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;

(b) the elementary level is kindergarten to grade 8; and

(c) the secondary level is grades 9 to 12.

13          Sections 94 and 96 are amended by striking out "16 years of age" wherever it occurs and substituting "18 years of age".

14          Section 102 is amended in the part before clause (a) by adding "the first June 30 following" before "the later of".

15          The following is added after section 109 and before the centred heading that follows it:

Exception

109.1       Sections 107 and 108 do not apply to a victim who suffers a catastrophic injury.

16          The Subdivision heading before section 110 is replaced with "EVENTS THAT END OR SUSPEND ENTITLEMENT TO INCOME REPLACEMENT INDEMNITY".

17(1)       Clause 110(1)(f) is replaced with the following:

(f) the victim is entitled to a retirement income under section 103;

17(2)        Subsection 110(2) is amended in the part before clause (a) by striking out "or a part-time" and substituting ", a part-time earner or a temporary".

17(3)       The following is added after subsection 110(2):

Exception

110(3)      This section does not apply to a victim who suffers a catastrophic injury.

18          The following is added after section 110 as part of Subdivision 3:

When I.R.I is suspended for catastrophically injured victim

110.1(1)    The income replacement indemnity of a victim who suffers a catastrophic injury is suspended while the victim holds

(a) the employment that he or she held at the time of the accident;

(b) the employment referred to in subsection 82(1) (more remunerative employment);

(c) an employment determined for him or her under section 106; or

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

End of I.R.I. for catastrophically injured victim

110.1(2)    A victim who suffers a catastrophic injury ceases to be entitled to an income replacement indemnity when

(a) he or she is entitled to a retirement income under section 103; or

(b) the victim dies.

19          The following is added after section 117:

Catastrophically injured victim — entitlement to I.R.I. after relapse

117.1(1)    A victim whose income replacement indemnity is suspended under subsection 110.1(1) is entitled to an income replacement indemnity beginning on the day he or she suffers a relapse of the bodily injury or on the day his or her employment ceases, whichever is later, and ending on the day determined under subsection 110.1(2).

Victim entitled to greater I.R.I.

117.1(2)    Under subsection (1), the victim is entitled to an income replacement indemnity computed on the basis of the greater of

(a) the income replacement indemnity the victim received immediately prior to its suspension, indexed in accordance with section 165 to the day the relapse occurred or the day the employment ceased; or

(b) the gross income of the victim at the time the relapse occurred or the employment ceased.

Exception

117.1(3)    For certainty, section 117 does not apply to a victim who suffers a catastrophic injury.

20          Section 123 is amended by striking out "$5,000" and substituting "$13,154".

21          Subsection 132(1) is amended in the part before clause (a) by striking out "a part-time earner or a non-earner" and substituting "a victim — other than a full-time earner, temporary earner, minor or student — ".

22          Clause 134(1)(c) is replaced with the following:

(c) is a minor or student;

23          Clause 160(h) is amended by adding "or recovery" after "subrogation".

24           The following is added after subsection 165(1):

Annual adjustment of retirement income benefit

165(1.1)    A retirement income under section 103 shall be adjusted on July 1 of each year.

25(1)       Subsection 192(1) is amended in the section heading and in the section by adding "or recovery" after "subrogation".

25(2)       Subsection 192(2) is amended by adding "or recovery" after "subrogation".

26          Section 202 is amended by adding the following after clause (g):

(g.1) for the purpose of subclause 71(2)(b)(vi), prescribing a type or class of vehicles — other than a type or class of vehicles that is in a registration class prescribed under The Drivers and Vehicles Act — to be personal transportation vehicles;

Transitional provision re catastrophically injured minor

27          Despite this Act, a victim who suffered catastrophic injuries in an accident that occurred before the coming into force of this Act and who was under 16 years of age at the time of the accident is entitled to an income replacement indemnity determined 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 victim reaches 16 years of age.

Coming into force

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