C.C.S.M. c. W200
The Workers Compensation Act
1(1) | Definitions |
(1.1) | Restriction on definition of "accident" |
(2) | Repealed |
(3) | Restriction on definition of "worker" |
(4) | Definition of "casual emergency worker" |
(5) | Deemed employer |
(6) | Inclusion in powers and duties |
(7) | Period of employment |
(8) | Average earnings |
(9) and (10) | Repealed |
(11) | Trade or business for purposes of Act |
(12) | Deemed date of accident re occupational disease |
(12.1) | Deemed date of accident in death |
(13) | Temporary hiring out of employee |
PART I | |
COMPENSATION | |
2 | Application of Part I |
2.1(1) | Exclusion of industries, employers or workers |
(2) | Board to consult industries, employers and workers |
3 | Repealed |
4(1) | Compensation payable out of accident fund |
(1.1) | Payment on day of accident |
(1.2) | No deduction from benefits |
(1.3) | Employer fails to comply |
(2) | Payment of wage loss benefits |
(3) | Misconduct of worker |
(4) | Cause of occupational disease |
(5) | Presumption |
(5.1) | Definitions |
(5.2) | Presumption re cancer — firefighters and OFC personnel |
(5.3) | Application of presumption re cancer |
(5.4) | Additional requirement re lung cancer |
(5.5) | Effective date of presumption re cancer |
(5.6) | Presumption re heart injury — firefighters and OFC personnel |
(5.7) | Regulations |
(6) | Repealed |
(7) | Extra provincial employment |
(8) | Agreements with other jurisdictions |
(9) | Compensation for impairment |
(10) to (12) | Repealed |
5(1) | Accidents outside province |
(2) | Where worker employed more than six months outside province |
(3) | Accident while outside province temporarily |
(4) | Where employer's place of business outside province |
(5) | Accidents on ships |
(6) | Assessment of employer of worker outside province |
6(1) | Where compensation payable under law of another jurisdiction |
(2) | Where election not made |
(3) | Effect of claims under law of another jurisdiction |
(4) | Exception if injustice would result |
7(1) | Compensation in respect of private employment |
(2) | Apprentices |
8 | Repealed |
9(1) | Right of action against person other than employer |
(2) | Disposal of moneys recovered |
(3) | Compromises must be approved by board |
(4) | Commencement of action tantamount to notice of claim |
(5) | Where claim vested in board |
(6) | Repealed |
(7) | Limitation of right of action |
(7.1) | Exception of motor vehicle accident |
(8) | Damages against other employers, workers or directors |
(9) | Election for minor |
(10) | Board may file claim for injured worker |
9.1 | Assignment of right of action in another jurisdiction |
10 | Where judgment exceeds compensation |
11 | Principal's duty to see that contractor files statements |
12 | Board to decide all claims |
13(1) | Compensation to be in lieu of other rights |
(2) | Minor entitled to compensation |
14 | Contracting out of Act forbidden |
15 | No deduction from wages by employer, or contribution by workers |
16 | Offence and administrative penalty |
17(1) | Notice of accident |
(2) | Contents of notice |
(3) | Notice of occupational disease |
(4) | Manner of giving notice |
(5) | Failure to give notice a bar to any claim |
18(1) | Employer to report accident |
(1.1) | Definition of "business day" |
(2) | Contents of report and filing |
(3) | Further reports |
(4) | Offence and administrative penalty |
(5) | Repealed |
18.1(1) | Employer's duty to report worker's return to work |
(2) | Administrative penalty |
19(1) | Application for compensation |
(2) | Must be filed within one year |
(3) | Payment of medical aid |
(4) | Worker's duty to report return to work |
(5) | Administrative penalty |
19.1(1) | Inducing worker not to claim compensation |
(2) | No discriminatory action |
(3) | Offence and administrative penalty |
20 | Duty of those providing care to an injured worker |
20.1 | Medical reports not admissible as evidence |
21(1) | Worker to submit to examination |
(2) | Failure to be examined |
22(1) | Worker to co-operate and mitigate |
(2) | Board may reduce or suspend compensation |
23(1) | Wage loss benefits exempt from garnishment order |
(2) | Repealed |
(3) | Compensation exempt from garnishment, etc. |
24(1) | Review of payments by board |
(2) | Suspension of payment |
(3) | Payment of suspended compensation |
(3.1) | Payments to committee or substitute decision maker |
(4) and (5) | Repealed |
(6) | Repealed |
25 | Repealed |
26 | Payment of compensation for minor |
27(1) | Provision of medical aid |
(1.1) | Emergency expenditures |
(2) | Clothing allowance in certain cases |
(3) | Compensation for repair, loss, breakage |
(4) | Wage loss resulting from loss or damage |
(5) | Repealed |
(6) | Autopsy |
(7) | Expenses |
(8) | Medical aid by employers |
(9) | Repealed |
(10) | Medical aid to be under supervision of board |
(11) | Fees for medical aid |
(12) | Worker's personal physician |
(13) | Repealed |
(14) | Account to be filed within 12 months |
(15) | Repealed |
(16) | Transportation to hospital and care on journey |
(17) to (19) | Repealed |
(20) | Academic, vocational, rehabilitative assistance |
27.1 | Limit on further claims |
27.2 | Agreements with Minister of Health |
COMPENSATION ON DEATH OF WORKER | |
28(1) | Compensation to dependants of deceased worker |
(2) | Compensation and costs payable on death of worker |
29(1) | Compensation payable to dependants |
(2) and (3) | Repealed |
(4) | Monthly payments reviewed and indexed |
(5) | Duration of monthly payments |
(6) | Exception to subsection (5) |
(7) | Further exception to subsection (5) |
(8) | Duration of monthly payments to spouse or common-law partner with children |
(9) | Extension of monthly payments where hardship |
(10) | Duration of payments to child under (1)(b) |
(11) | Duration of payments to dependant under clause (1)(e) |
(12) | Conversion to annuity |
29.1 | Repealed |
30(1) | Former spouse or common-law partner included |
(1.1) | Former common-law partner |
(2) | Limit to payment |
(3) | Apportionment |
31(1) | Limit on amount payable to children |
(2) | Limit on amount payable to dependants |
(3) | Apportioned payments under clauses (1)(b) to (e) |
32 | Dependant payment ended and adjusted |
32.1 | Commutation of payments |
33 | Academic or vocational assistance |
34 | Eligibility for two monthly payments |
35 | Board may require proof respecting dependency |
ANNUITIES | |
36(1) | Where compensation available as annuity |
(2) | Types of annuity |
(3) | Financial advice on annuities |
(4) | Payment on death of annuitant |
(5) | Disposition of unclaimed annuities |
37 | Compensation payable |
Impairment | |
38(1) | Determination of impairment |
(2) | Calculation of impairment award |
(3) | Repealed |
(4) | Award calculated as of day of accident |
(5) | Method of payment |
(6) | Reconsideration of degree of impairment |
(7) | Repealed |
(8) | Re-application under subsection (6) |
(9) | Where worker dies before determination |
Wage Loss Benefits | |
39(1) | Wage loss benefits for loss of earning capacity |
(2) | Duration of wage loss benefits |
(3) | Exception re workers 61 years of age or older |
(4) | Periodic payment of wage loss benefits |
(5) | Limit to wage loss benefits payable |
(6) | Earnings at or below the minimum |
(7) | Exception |
39.1 | Repealed |
39.2(1) | Payment of wages by employer for first 14 days |
(2) | Exception |
Loss of Earning Capacity | |
40(1) | Calculation of loss of earning capacity |
(2) | Monthly payments adjusted and indexed |
(3) | Calculation of net average earnings |
(4) | Table of net average earnings |
(5) | Recurrence of loss of earning capacity |
(6) | Worker's return to employment |
(7) | Transfer of costs of wage loss benefits |
Collateral Benefits | |
41(1) | Definition of "collateral benefit" |
(2) | Earning capacity includes collateral benefit |
(3) | Non-taxable collateral benefit deducted |
(4) | Collateral benefit in excess of ceiling |
(5) to (7) | Repealed |
42(1) | Definitions |
(2) | Board's contribution to annuity |
(3) | Worker may contribute to annuity |
(4) | Establishment of annuity for retirement |
(5) | Repealed |
(6) | Use of annuity funds |
(7) | Payment of lump sum instead of annuity |
(8) | Annuity payment on death of worker |
(9) | Lump sum converted to annuity |
(10) | Division of annuity benefits on marriage breakup |
43(1) | Group benefit plans and programs |
(2) | Types of benefit programs |
(3) | Funding of benefit plan |
(4) | Voluntary participation in benefit plan |
(5) | Group life insurance plan |
(6) | Cost of plan to board |
44(1) | Annual adjustment in compensation |
(2) | Use of rounded figure |
(3) | Coming into force of regulation |
45(1) | Calculation of average earnings |
(2) | Average earnings includes all employment income |
(3) | Adjustment of earning capacity |
(4) | Adjustment of earning capacity based on age |
(5) | Allocation of additional cost |
46(1) | Limitation re maximum annual earnings |
(2) | Maximum annual earnings set |
47(1) | Definition of "industrial average wage" |
(2) | Annual calculation of ratio |
(3) | Indexing factor if ratio is 1.06 or less |
(4) | Cap of 6% on indexing |
(5) | Ratio may be increased by regulation |
(6) | Carry forward of excess |
PERIODIC ADJUSTMENT OF COMPENSATION | |
48(1) | Definition of "consumer price index" |
(2) | Annual calculation of ratio |
(3) | Annual indexing factor if ratio of 1.06 or less |
(4) | Cap of 6% on annual indexing |
(5) | Cap may be increased by regulation |
(6) | Annual calculation of biennial ratio |
(7) | Biennial indexing factor if ratio is 1.12 or less |
(8) | Cap of 12% on biennial indexing |
(9) | Cap may be increased by regulation |
49(1) | Adjustment of monthly allowance re death of worker |
(2) | Adjustment of prior permanent disabilities |
(3) | Adjustment of temporary disability compensation, etc. |
(4) | Adjustment of minimum and maximum |
(5) | Time of adjustments under subsections (3) and (4) |
49.1 | Exception re adjustment for person 65 or over |
49.2(1) | Deficiency in accident fund |
(2) | Exception re government guarantee |
Obligation to Re-employ | |
49.3(1) | Obligation to re-employ |
(2) | Exception |
(3) | Duration of obligation |
(4) | Duty to accommodate |
(5) | Able to perform the essential duties |
(6) | Able to perform suitable work |
(7) | Determinations re return to work |
(8) | Effect of termination |
(9) | Layoff or termination |
(10) | Notice of dispute |
(11) | Resolution of dispute |
(12) | Mediation |
(13) | Limitation |
(14) | Board may determine whether employer fulfills obligation |
(15) | Failure to comply |
(16) | Conflict with collective agreement |
THE WORKERS COMPENSATION BOARD | |
50(1) | Board continued |
(2) | Administration of Act of Canada |
(3) | Duties under other Acts |
(4) | Repealed |
(5) | General powers |
BOARD OF DIRECTORS | |
50.1 | Consultation regarding appointments |
50.2(1) | Board of Directors |
(2) | C.E.O. is non-voting member |
(3) | Term of appointment |
(3.1) | Staggered terms of appointment |
(3.2) | Eligible for reappointment |
(3.3) | After term expires |
(4) | Remuneration |
51 | Absence of chairperson |
51.1(1) | Functions of Board of Directors |
(2) | Establishment of committees |
(3) | Composition of committees |
(4) | Additional members of the audit and investment committees |
(5) | Remuneration for audit and investment committee members |
(6) | Functions of the policy and planning committee |
(7) | Functions of the audit committee |
(8) | Functions of the investment committee |
52 to 54 | Repealed |
54.1(1) | Definitions |
(2) | Prevention promotion, advice to the minister, etc. |
(3) | Expenditures |
(4) | Information |
55(1) | Powers of board as to witnesses |
(2) | Depositions |
56 | Conflict of interest |
57 | Board offices |
58(1) | Board meetings |
(2) | Quorum |
(3) | Vacancy |
59(1) | C.E.O. and other employees |
(2) | Tenure |
(3) | Superannuation fund for employees |
(4) | Contribution to civil service superannuation fund of the province |
60(1) | General jurisdiction |
(2) | Particular jurisdiction |
(2.1) | Deemed worker and employer |
(2.2) | No jurisdiction over constitutional questions |
(2.3) | Application |
(3) | Review by board |
(4) | Legal precedent |
60.1(1) | Initial determination |
(2) | Reconsideration by board |
(3) | Procedure for reconsideration |
(4) | Reasons upon reconsideration |
(5) | Appeal to appeal commission |
60.2(1) | Establishment of appeal commission |
(2) | Term of office |
(2.1) | Eligible for reappointment |
(3) | Ineligible persons |
(4) | Remuneration of appeal commissioners |
(5) | Powers after resignation or expiry of term |
(6) | Authorization continues until final decision made |
(7) | Remuneration after resignation or expiry of term |
60.3(1) | Panels |
(2) | Reference to panel |
(3) | Panel has authority of commission |
(4) | Sittings of commission or panel |
(5) | Quorum of panel |
(6) | Reference to new panel |
(7) | Decision of panel is that of board |
60.4 | Conflict of interest |
60.5(1) | Repealed |
(2) | C.A.C. may delegate |
60.6 | Costs of commission |
60.7 | Practice and procedure |
60.8(1) | Jurisdiction of appeal commission |
(2) | Powers of appeal commission |
(3) | Further investigation |
(4) | Representations and new evidence |
(5) | Decision on appeal |
(6) | Commission bound by board policies |
(7) | Repealed |
60.9(1) | Powers of Board of Directors |
(2) | Not a further level of appeal |
(3) | Board may make policies re review |
60.10(1) | Reconsideration by appeal commission |
(2) | Nature of new evidence required |
(3) | Finality of decision |
(4) | No general power of reconsideration |
(5) | Correction of clerical or typographical errors |
60.11(1) | Annual report of appeal commission |
(2) | Tabling report in Assembly |
61 | Protection from liability |
62 | Board and employees not to be witnesses |
63 and 64 | Repealed |
65 | Repealed |
66(1) | Reports of officers of board |
(2) | Powers of officers |
67(1) | Definitions |
(2) | Repealed |
(3) | Reference by board on its discretion |
(4) | Reference to panel on request of worker |
(4.1) | Reference to panel on request of employer |
(5) | Duties of chair |
(5.1) | Panel may examine, consult |
(6) | Opinion in writing |
(7) | Opinion of panel |
(8) | Dissenting opinion |
(9) | Composition of medical review panels |
(10) | Chair of medical review panels |
(11) | Selection of other members of medical review panel |
(12) | Failure of parties to select |
(12.1) | Ineligible physicians |
(12.2) | Board to select in certain cases |
(13) | Provision of lists by College of Physicians and Surgeons |
(14) | Repealed |
(15) | Repealed |
(16) | Remuneration for members of panel |
(17) | Procedures |
(18) | Repealed |
68(1) | Regulations of Board of Directors |
(2) | Approval of L.G.C. for benefit program regulation |
(2.1) | Disallowance of regulation by L.G.C. |
(2.2) | Coming into force of regulation |
(2.3) | Application of The Regulations Act |
(3) | Offence and administrative penalty |
(4) | Board to determine right of action |
68.1 | Certified document is evidence |
69(1) | Audit of accounts |
(2) | Special audits |
(3) | Program audit |
70 | Annual report by board |
71 | Report to be laid before Assembly |
71.1 | Operating plan of board |
71.2 | Plan to be laid before Assembly |
71.3 | Reports to be referred to committee |
CONTRIBUTION BY THE PROVINCE | |
72 | Provincial assistance to defray expenses |
ACCIDENT FUND | |
73(1) | Accident fund continued |
(2) | Assessment classes established |
74(1) | Optional coverage for firms in excluded industries |
(2) | Repealed |
(3) | Optional coverage for employers and directors |
(4) | Compensation to employer, director of corporation |
75(1) | Optional coverage for independent contractor |
(2) | Independent contractor as employee of employer |
(3) | Meaning of "independent contractor" |
75.1(1) | Non-profit or charitable organization and volunteers admitted |
(2) | Volunteers deemed to be workers |
(3) | Average earnings |
(4) | Automatic indexation |
76(1) | Application to Crown employees |
(2) | Workers of agencies of the government |
(3) | Workers of agency of government before July 11, 1972 |
(4) | Workers of government agency dealt with separately |
(5) | Meaning of "agency of the government" |
76.1(1) | Schedule of provincially funded industries |
(2) | Transfer or creation of class |
76.2(1) | Schedule of self-insured employers |
(2) | Withdrawal from schedule |
(3) | Individual liability |
(4) | Levy for added compensation for past accidents |
76.3(1) | Authority to defer collection of funds |
(2) | Board may defer collection from self-insurers |
(3) | Board may require deposit for compensation |
76.4 | Deferred funds are receivables |
76.5 | Guarantee by the Government of Manitoba |
76.6 | Determination of amount payable |
76.7 | Added sum for funds |
77(1) | Determining persons as workers |
(1.1) | Regulation may be retroactive |
(2) | Method of describing class |
(3) | Average earnings of declared worker |
(3.1) | Calculation where death or long-term loss |
(3.2) | Automatic indexation |
(4) | Rights under this Act in lieu of other rights |
77.1(1) | Person in work experience program declared worker |
(2) | Method of describing class |
(3) | Average earnings |
(4) | Automatic indexation |
(5) | Deemed employer |
(6) | Period of employment |
(7) | Determining record and experience of deemed employer |
78(1) | Regulations affecting classes of industries |
(2) | Adjustment of funds |
79 | Assignment of industry to class, group |
79.1 | Terms and conditions on exclusion |
80(1) | Payroll estimates and certified copies |
(2) | Record of wages |
(3) | Nature of work |
(4) | Basis of estimated payroll |
(4.1) | Insurable earnings for payroll |
(5) | Offence and administrative penalty |
(6) | Board may estimate assessment |
(6.1) | Interest on under-assessment |
(6.2) | Interest on over-assessment |
(7) | Continuing liability of employer |
(8) | Information furnished by municipal officers |
(9) | Remuneration |
(10) | Notice of building permits granted |
80.1(1) | Waiver of requirement to furnish estimate of payroll |
(2) | Certain parts of Act do not apply |
(3) | Assessments based upon actual payroll |
(4) | Time for payment |
(5) | Liability for interest |
(6) | Revocation of waiver |
81(1) | Annual assessment for accident fund |
(1.1) | Deferred collection of future payments |
(2) | Transfer from stabilization fund |
(2.1) | Reinsurance against disaster |
(3) | How assessment to be made |
(4) | Collection of assessments |
(5) | Deficiency in assessments |
(6) | Notice to employer of assessment due |
(7) | Giving of notice |
(7.1) | Giving notice of assessment to employers |
(7.2) | Board may revise assessment on notice |
(7.3) | Basis of employer's payment of assessments |
(8) | Levies for increases in compensation |
(9) | Minimum assessment |
81.1(1) | Definition |
(2) | Certificate required on disposition of business enterprise |
(3) | Delivery of certificate to purchaser |
(4) | Effect on purchaser of no certificate |
82(1) | Rates for kinds of employment in same class |
(2) | Reduced assessments and refunds |
(3) | Increased and additional assessments |
(4) | Determination of experience |
(5) | Transfer of cost to other class where negligence |
(6) | Assessment reduction |
(7) | Assessment surcharge |
(8) | Finality of assessments |
83(1) | Security by employer in certain cases |
(2) | Judge may restrain employer where no payment |
84 | Assessment respecting grant |
84.1(1) | Grant to government for expenses |
(2) | Annual increase in grant |
85(1) | Collection of assessments by board |
(2) | Certificate of default filed in court |
85.1 | Prohibition from carrying on business |
85.2(1) | Liability of directors for money owing |
(2) | Contribution by other directors |
86(1) | Penalty for failure to make returns |
(2) | Penalty for failure to pay assessment |
(3) | Relief from penalties |
(4) | Repealed |
87 | Separate accounts for each class or fund |
88(1) | Annual adjustment of assessment |
(2) | Change in ownership of undertaking |
89(1) | Work done for municipal corporation under contract |
(2) | Right of principal as against contractor |
(3) | Contractor as principal |
90(1) | Liability of contractor and principal |
(2) | Liability of sub-contractor and contractor |
91 | Repealed |
92 | Repealed |
93 | Repealed |
94(1) | Accounting system and inspection |
(2) | Investment of excess funds |
(3) to (5) | Repealed |
95 | Repealed |
96 | Advance out of Consolidated Fund |
97(1) | Authority for temporary borrowing |
(2) | Guarantee |
(3) | Minister of Finance's approval |
97.1(1) | Research and safety programs |
(2) | Allocation of cost |
98(1) | Returns from industry commenced after prescribed date |
(2) | Offence and administrative penalty |
99(1) | Definition of "employer" |
(2) | Examination of books of employer |
(3) | Notice to employer |
100(1) | Right of entry |
(2) | Removal of document or thing |
(3) | Application to court |
(4) | Offence |
101(1) | Information obtained not to be divulged |
(1.1) | Information for reconsideration, appeal |
(1.2) | Employer's access to information |
(1.3) | Application of subsections 101(1.1) and (1.2) |
(1.4) | Notice of request for access |
(1.5) | Review of decision by C.A.C. |
(1.6) | Board may charge fee for copy |
(1.7) | Copy of documents without charge |
(2) | Access to files |
(3) | Files to remain on board premises |
(4) | Individuals not be named |
(5) | Secrecy to be maintained |
(6) | Powers of committee |
(7) | Offence |
102 | Repealed |
103 | Repealed |
104(1) | Definition of "security interest" |
(2) | Board's charge on employer's property |
(3) | Priority of board's charge |
(4) | Exception for inventory |
104.1(1) | Registration of statement in L.T.O. |
(2) | Effect of registration |
105 | Allocation of cost of occupational disease |
106 | Repealed |
107 | Repealed |
108(1) | Appointment of worker adviser and staff |
(2) | Duties of worker advisers |
(3) | Repealed |
(4) | Access to information |
108.1(1) | Appointment of Fair Practices Advocate |
(2) | Report to the Board of Directors |
(3) | Fair Practices Advocate may investigate and recommend |
109 | Enlargement of time limited for applications |
109.1(1) | Offence |
(2) to (5) | Repealed |
109.2 | Recovery of overpayments |
109.3 | Right of set off |
109.4 | Commutation of past pensions |
109.5(1) | Board may delegate to agent |
(2) | Nature of delegation |
(3) | Agent's access to information |
(4) | Request for reconsideration by board |
(5) | Expenses paid from accident fund |
109.6(1) | Fines for offences |
(2) | Offence under subsection 109.1(1) |
(3) | Offence by corporation |
(4) | Continuing offence |
(5) | Restitution |
(6) | Order filed in court |
(7) | Limitation on prosecution |
(8) | Rights not affected by prosecution |
(9) | Certificate as proof |
109.7(1) | Administrative penalty |
(2) | No offence to be charged if penalty paid |
(3) | Relief from penalty |
(4) | Enforcement of penalty |
109.8 | Service or filing of documents with the board |
PART II | |
GENERAL | |
110 | Application of sections 111 to 113 |
111(1) | Liability of employer |
(2) | Liability of person supplying defective ways, work |
(3) | Saving |
(4) | Continuing in employment with knowledge of defect |
112 | Common law rules superseded |
113 | Contributory negligence |
114 | Repealed |
115(1) | Review of this Act |
(2) | Review committee |
(3) | Report to minister |
116 | Conflict with The Freedom of Information and Protection of Privacy Act |
SCHEDULE |