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This version is current as of November 20, 2014.
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C.C.S.M. c. P215

The Manitoba Public Insurance Corporation Act

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

Definitions

1(1)        In this Act, unless the context otherwise requires,

"additional driver premium" means the premium for a driver's certificate that, in addition to the base driver premium, must be paid by a driver who, under the driver safety rating system established by the regulations, has the number of demerits prescribed in the regulations; (« prime de pénalité pour conducteurs »)

"adjusted additional driver premium" means the premium for a driver's certificate

(a) that has been fixed by the Rates Appeal Board as the result of an appeal under clause 65(4)(a), and

(b) that, in addition to the base driver premium, must be paid by a driver who, under the driver safety rating system established by the regulations, has the number of demerits prescribed in the regulations; (« prime de pénalité rajustée pour conducteurs »)

"adjuster" means, subject to section 29, an adjuster as defined in The Insurance Act; (« expert » ou « expert en sinistre »)

"agent" means, subject to section 29, an insurance agent as defined in The Insurance Act; (« agent »)

"applicant" means a person who applies for insurance; (« proposant »)

"at-fault claim", in relation to a person, means a claim arising from a motor vehicle collision

(a) in which the person was driving a motor vehicle involved, and

(b) for which the person has been found by the corporation or a court to be 50% or more at fault; (« demande d'indemnisation — accident avec responsabilité »)

"automobile insurance" means automobile insurance as defined in The Insurance Act; (« assurance-automobile »)

"base driver premium" means the base premium for a driver's certificate that must be paid by a driver who has no merits, or has one or more demerits, under the driver safety rating system established by the regulations; (« prime de base pour conducteurs »)

"basic premium" means the premium prescribed in the regulations for universal compulsory automobile insurance in respect of a motor vehicle or trailer that is described in an owner's certificate; (« prime de base »)

"benefits" means benefits provided under Part 2 or prescribed in the regulations; (« prestations »)

"board" means the board of directors of the corporation; (« conseil »)

"certificate" means a certificate of insurance issued under this Act or the regulations; (« certificat »)

"chairman" means the chairman of the corporation appointed under this Act; (« président »)

"chief executive officer" means the president and chief executive officer of the corporation appointed under this Act; (« directeur général »)

"contract", except for a contract mentioned in section 20, means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and also includes a binding oral agreement; (« contrat »)

"contract of insurance" means insurance provided by the corporation and evidenced by a certificate or a policy; (« contrat d'assurance »)

"corporation", except where the context otherwise requires, means The Manitoba Public Insurance Corporation continued under this Act; (« Société »)

"court" means Her Majesty's Court of Queen's Bench; (« tribunal »)

"coverage" means the right conferred upon a person by this Act or the regulations to be indemnified against liability for, or to be compensated for, death, injury, loss, or damage; (« garantie »)

"demerit" means one of the units of measurement on the negative side of the driver safety rating scale established by the regulations; (« point de démérite »)

"discounted driver premium" means the discounted premium for a driver's certificate that must be paid by a driver who has one or more merits under the driver safety rating system established by the regulations; (« prime réduite pour conducteurs »)

"driver record" means the record about a person maintained by the registrar under section 125 of The Drivers and Vehicles Act; (« dossier de conduite »)

"driver's certificate" means a certificate issued under this Act or the regulations to a person who is eligible to hold a driver's licence, as defined in The Drivers and Vehicles Act, whether that certificate is issued as part of the licence or as a separate document; (« certificat d'assurabilité »)

"extension insurance" means insurance made available under the Act or regulations that is in addition to or in excess of universal compulsory automobile insurance; and with respect to any other class of insurance has the same meaning as under The Insurance Act; (« assurance complémentaire »)

"family" of a person includes another person who, not being married to the person, is cohabiting with him or her in a conjugal relationship of some permanence; (« famille »)

"highway" includes every highway within the meaning of The Highway Traffic Act, and every road, street, lane, or right-of-way designed or intended for or used by the general public for the passage of vehicles, and every private place or passageway to which the public, for the purpose of the parking or servicing of motor vehicles, has access or is invited; (« route »)

"input factor" means a fact about a person, including, but not limited to, an at-fault claim or a conviction,

(a) that is recorded in his or her driver record, and

(b) that is prescribed in the regulations as an input factor that negatively affects his or her driver safety rating under the driver safety rating system established by the regulations; (« facteur de démérite »)

"insurance" means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event; (« assurance »)

"insurance moneys" means the amount payable by the corporation under the regulations or a contract, and includes all benefits, surplus profits, dividends, bonuses, indemnity, and annuities payable under the regulations or a contract; (« sommes assurées »)

"insured" means an insured as defined in the regulations; (« assuré »)

"licence" means driver's licence as defined in The Drivers and Vehicles Act; (« permis »)

"merit" means one of the units of measurement on the positive side of the driver safety rating scale established by the regulations; (« point de mérite »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"motor vehicle" means a vehicle not run upon rails that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, but subject to subsection (2), does not include

(a) a farm tractor unless it is a farm tractor that is required to be registered as a motor vehicle under The Drivers and Vehicles Act; or

(b) a self-propelled implement of husbandry; or

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

(d) a special mobile machine within the meaning of The Highway Traffic Act; or

(e) a snow vehicle that is not capable of being registered under The Drivers and Vehicles Act;

(f) an off-road vehicle as defined in The Off-Road Vehicles Act. (« véhicule automobile »)

"other insurance" means insurance provided by a person other than the corporation; (« autre assurance »)

"other insurer" means a person who provides other insurance to or for persons; (« autre assureur »)

"owner", in relation to motor vehicles or trailers and to automobile insurance on such vehicles, includes

(a) the owner in whose name the vehicle is registered under The Drivers and Vehicles Act,

(b) a joint owner within the meaning of subsection 40(4) of that Act, and

(c) a person who has the right to pass the property in the vehicle other than by way of security only; (« propriétaire »)

"owner's certificate" means a certificate issued under this Act or the regulations

(a) to the owner of a motor vehicle or trailer,

(b) to the holder of a dealer's permit under The Drivers and Vehicles Act,

(c) to a repairer as defined in The Drivers and Vehicles Act, or

(d) in respect of a drive-away unit as defined in that Act; (« certificat de propriété »)

"permit" means

(a) a temporary permit to drive under subsection 263.1(1.2) or 268(1) of The Highway Traffic Act,

(b) a permit under section 87 of The Highway Traffic Act, or

(c) a registration permit under The Drivers and Vehicles Act or the regulations under that Act; (« permis de conduire »)

"plan" means any plan of universal compulsory automobile insurance or extension insurance that may be established under this Act or the regulations; (« régime »)

"policy" means the instrument evidencing a contract of insurance; (« police »)

"premium" means any sum of money paid or to be paid by an insured or an applicant for insurance to the corporation for the purchase of or the maintenance of insurance coverage provided under this Act or the regulations; (« prime »)

"registrar" means the Registrar of Motor Vehicles appointed under The Drivers and Vehicles Act; (« registraire »)

"registration card" means

(a) a registration card or registration permit for a motor vehicle or trailer under The Drivers and Vehicles Act or the regulations under that Act,

(b) a permit for a motor vehicle or trailer under section 87 of The Highway Traffic Act, and

(c) a registration card for an off-road vehicle under The Drivers and Vehicles Act; (« carte d'immatriculation »)

"semi-trailer" means a semi-trailer as defined in The Highway Traffic Act; (« semi-remorque »)

"superintendent" means the superintendent of insurance appointed under The Insurance Act; (« surintendant »)

"trailer" means a trailer as defined in The Highway Traffic Act; (« remorque »)

"universal compulsory automobile insurance" means universal compulsory automobile insurance as defined in the regulations; (« régime universel obligatoire d'assurance-automobile »)

"vehicle" means a vehicle as defined in The Highway Traffic Act. (« véhicule »)

Regulations to include other vehicles

1(2)        The Lieutenant Governor in Council may, by regulation, include any other kind or class of vehicle, as defined in The Highway Traffic Act, to be within the definition of motor vehicle and subject to this Act.

1(3)        [Repealed] S.M. 2008, c. 36, s. 49.

Registered common-law relationship

1(4)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

S.M. 1992, c. 58, s. 26; S.M. 1993, c. 36, s. 2; S.M. 1994, c. 4, s. 37; S.M. 2000, c. 35, s. 19; S.M. 2002, c. 24, s. 49; S.M. 2002, c. 48, s. 20; S.M. 2005, c. 37, Sch. A, s. 158; S.M. 2008, c. 36, s. 49; S.M. 2008, c. 42, s. 80; S.M. 2014, c. 15, s. 2.

PART 1

CORPORATE ORGANIZATION, COVERAGE, BENEFITS AND MISCELLANEOUS PROVISIONS

Persons comprising the corporation

2(1)        The corporation shall consist of not fewer than three, and not more than nine members, appointed by the Lieutenant Governor in Council and the members so appointed shall during the term of their respective appointments be the directors of the corporation.

Corporation continued

2(2)        The persons so appointed and their successors in office are continued as a body corporate under the name: "The Manitoba Public Insurance Corporation".

Appointment of chairman

2(3)        The Lieutenant Governor in Council shall appoint one of the directors to be chairman of the corporation who shall preside at the meetings of the board.

Term of office

2(4)        Subject to subsections (5) and (6), each director of the corporation, unless he sooner dies, resigns, or is removed from office, shall hold office for three years from the date of his appointment, and thereafter until his successor is appointed.

Filling of vacancies

2(5)        Where a director of the corporation ceases to be a director prior to the expiration of his term of office, any person appointed to fill the vacancy so created, unless he sooner dies, resigns, or is removed from office, shall hold office for the remainder of the term of office of the person in whose place he is appointed, and thereafter until his successor is appointed.

Re-appointment of directors

2(6)        A director of the corporation whose term of office has expired is eligible for re-appointment.

Payment of expenses and remuneration

2(7)        Each director shall be reimbursed by the corporation for any reasonable travelling and other out-of-pocket expenses necessarily incurred by him in discharging his duties; and in addition, any director may be paid and accept, as remuneration for his or their services, such daily or periodical amounts as are fixed by the Lieutenant Governor in Council.

Authority for M.L.A. to be member of board

2(8)        Notwithstanding The Legislative Assembly Act, a member of the Legislative Assembly, other than a member of the Executive Council, may be a member of the board and may accept from the corporation salary or remuneration under this Act; and he does not thereby vacate or forfeit his seat, or incur any of the penalties imposed by The Legislative Assembly Act for sitting and voting as a member of the Legislative Assembly.

Quorum

2(9)        Three members constitute a quorum at any meeting of the directors of the corporation.

Conflicts of interest

2(10)       No director shall be present at any meeting of the board during a time at which there is under discussion any matter relating to a company, organization, firm, or business of which he is a director, officer, owner, or operator or in which he has a significant beneficial interest through ownership of capital stock by himself or members of his family or otherwise; and a director shall not vote with respect to any such matter.

Decision as to interest

2(11)       If a question arises as to whether a director has a significant beneficial interest as mentioned in subsection (10), the matter shall be decided by a unanimous vote of the other directors present at a meeting of the board; and their decision is final, and shall be made on the basis that any interest, whether more or less than a controlling interest, that may influence the judgment of a director is "significant beneficial interest".

Disclosure of facts by directors

2(12)       A director who, under subsection (10), is or may be debarred from being present at the time of the discussion of any matter or from voting thereon shall, when the matter arises, disclose any facts that so debar him, and shall withdraw; but, if the disability arises by reason of a question as to his having a significant beneficial interest as mentioned in subsection (10), and if the other directors declare, as provided in subsection (11) that he does not have such a significant interest, he may resume his seat on the board and discuss and vote on the matter.

Reports to minister

2(13)       The chairman of the corporation shall report to such minister as may from time to time be designated by the Lieutenant Governor in Council.

S.M. 1988-89, c. 23, s. 37; S.M. 1992, c. 58, s. 26.

Head office

3           The head office of the corporation shall be at a place to be designated by the Lieutenant Governor in Council, but the corporation may establish branch offices at other places.

Appointment of president and chief executive officer

4           The Lieutenant Governor in Council may appoint a president and chief executive officer for the corporation and fix his or her salary.

S.M. 2000, c. 35, s. 19.

Power to engage employees and duties of chief executive officer

5           The directors or, if authorized by the directors, the chief executive officer may, appoint such officers and employees as they consider necessary to carry out the business of the corporation and may define their duties and determine their remuneration and the chief executive officer is responsible and has the authority for the management, direction and control of the operations of the corporation and the day to day administration of its affairs.

S.M. 2000, c. 35, s. 19.

Objects and powers

6(1)        It is the function of the corporation and it has the power and capacity

(a) subject to the approval of the Lieutenant Governor in Council to engage in and carry on the activity of automobile insurance in all its classes;

(b) subject to the approval of the Lieutenant Governor in Council to operate and administer such plans of universal compulsory automobile insurance as may be set out in this Act and regulations and may provide plans of extension insurance upon such terms and conditions as may be prescribed by the regulations;

(c) subject to the approval of the Lieutenant Governor in Council to engage in and carry on, both within and without the province, the business of insurance and reinsurance in all its classes and without limiting the generality of the foregoing, to engage in and carry on the business of insurance and reinsurance in all its branches in the following classes of insurance as such classes are defined in The Insurance Act:

(i) Accident insurance;

(ii) Aircraft insurance;

(iii) Boiler and machinery insurance;

(iv) Fire insurance;

(v) Guarantee insurance;

(vi) Inland transportation insurance;

(vii) Live stock insurance;

(viii) Marine insurance;

(ix) Plate glass insurance;

(x) Property damage insurance;

(xi) Public liability insurance;

(xii) Theft insurance;

(xiii) Weather insurance;

(c.1) to administer The Drivers and Vehicles Act, and to perform the duties and exercise the powers described in subsection 2(2) of that Act;

(d) to engage in and carry on the business of

(i) repairing any property insured by the corporation; and

(ii) salvaging and disposing of by public or private sale any property insured and acquired under a contract by which the corporation may be liable as an insurer, or to make agreements with other persons for those purposes;

(e) to acquire by purchase, lease, licence, or otherwise, and hold, develop, construct, use, maintain, repair, operate, and improve, as owner or tenant or otherwise, for its own use and benefit, real property

(i) necessary or required for the conduct of its business and to allow it to carry out its role as administrator under The Drivers and Vehicles Act or perform the duties and exercise the powers described in subsection 2(2) of that Act;

(ii) conveyed, mortgaged, or hypothecated to it by way of security; or

(iii) conveyed to it in satisfaction in whole or in part in respect of debts and judgments;

and to sell, lease, or otherwise dispose of the whole or any part of such real property, in each case upon such terms and conditions as the board deems proper;

(f) to acquire by purchase the business and property or any portion thereof of any other insurer, agent, or adjuster, or to enter into agreements to carry on jointly any class of insurance with another insurer whether within or without the province; and The Insurance Act does not apply to such agreements.

Additional powers

6(2)        The corporation has the power and capacity to do all acts and things necessary or required for the purpose of carrying out its functions and powers and, without limiting the generality of the foregoing, the corporation may

(a) conduct surveys and research programs and obtain statistics for its purposes and for the purpose of establishing and administering any insurance plan;

(b) enter into agreements with, or retain agents or adjusters for the purpose of soliciting and receiving applications for insurance, for collecting premiums, adjusting claims, and doing of such other things on its behalf as the corporation considers necessary;

(c) prescribe forms of applications, contracts, and forms of policy and such other forms as the corporation considers necessary;

(d) prescribe the information and detail required to be set out on any form;

(e) evaluate damages and losses and pay claims under a contract by which the corporation may be liable as an insurer;

(f) reinsure the contract or any portion thereof of any other insurer, and reinsure its risk under any plan or a contract or any portion thereof with any other insurer, whether or not the other insurer is within or without the province, or is, or is not, licensed under The Insurance Act;

(g) do all things necessary for the purpose of settling, adjusting, investigating, defending and otherwise dealing with, in conformity with this Act and The Insurance Act insofar as is applicable, and the regulations made under both Acts, claims made in respect of contracts by which the corporation may be liable as insurer or in respect of any plan established under section 6;

(h) carry out either alone or jointly with other board, commission, corporation, department or agency of government, or any private person, agency, or association, introduce, establish, supervise, finance and promote programs relating to health, rehabilitation, safety and the reduction of risk in respect of any branch or class of insurance in which the corporation is engaged;

(i) promote or carry out programs of research into the causes of accidents and research into the more equitable distribution of losses resulting from highway traffic accidents;

(j) establish and maintain one or more repair shops to investigate, study, and apply techniques used or to be used in the repair of motor vehicles and to analyze the cost of repairs;

(k) negotiate and bargain with persons engaged in the business of motor vehicle and trailer repairs with a view to establishing fair and reasonable prices for motor vehicle and trailer repairs in relation to which payments may be made under this Act;

(l) make such by-laws and pass such resolutions, not contrary to the law or this Act, as it considers necessary or advisable for the conduct of the affairs of the corporation, and, without limiting the generality of the foregoing, make by-laws and pass resolutions with respect to the time and place of calling and holding meetings of the corporation, the procedure to be followed at the meetings, and generally with respect to the conduct in all other particulars of the affairs of the corporation, and may repeal, amend, or re-enact them.

Incorporation of certificates, etc.

6(3)        Any certificate and application for insurance forms prescribed and adopted by the corporation may be incorporated in the appropriate application forms and certificates of registration, registration cards, permits or licences prescribed for use or used under The Drivers and Vehicles Act, The Highway Traffic Act or The Taxicab Act.

Information required

6(4)        The corporation may require an applicant for insurance or an insured person to furnish such information, statements and reports relating to or affecting the operation or administration of a plan of automobile insurance, as may be set out in the regulations.

Accident information

6(5)        The corporation may require every driver or owner of a motor vehicle required to be registered and licensed in Manitoba that is involved in an accident out of which arises injury or death to a person or damage to property to furnish such information relating thereto to the corporation as may be set out in the regulations.

Furnishing proofs

6(6)        The corporation may require an insured to furnish such notices, proofs of claim, proofs of loss, reports and statements, and to comply with any other methods of making and proving claims, as may be prescribed in the regulations.

S.M. 1994, c. 4, s. 37; S.M. 2005, c. 37, Sch. A, s. 158; S.M. 2014, c. 15, s. 3.

Temporary borrowings

7           Subject to any restrictions that may be placed thereon from time to time by the Lieutenant Governor in Council, the corporation may from time to time borrow or raise money for its temporary purposes by way of overdraft, line of credit, or loan, or otherwise, upon the credit of the corporation in such amounts, upon such terms, for such periods, and upon such conditions as the corporation may determine; and the government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal and interest on any borrowings of the corporation.

Advances from Consolidated Fund

8           To the extent permitted by this Act and by any other Act of the Legislature, the Lieutenant Governor in Council may authorize the Minister of Finance to advance moneys to the corporation for its temporary purposes out of the Consolidated Fund upon such terms as the Lieutenant Governor in Council may determine.

Loans by government

9(1)        To the extent permitted by this Act or any other Act of the Legislature, the Lieutenant Governor in Council may authorize the raising by way of loan in the manner provided by The Financial Administration Act of such amounts as the Lieutenant Governor in Council may deem requisite for any of the purposes of the corporation under this Act; and any such sums shall be advanced to, and paid over by the Minister of Finance to, the corporation in such amount as the corporation may from time to time requisition, and the moneys shall be repaid by the corporation to the Minister of Finance at such times and on such terms and conditions as the Lieutenant Governor in Council may direct together with the interest thereon as provided in subsection (2).

Payment of interest by corporation

9(2)        The corporation shall pay interest upon the sums of money advanced to it in accordance with this section at rates fixed from time to time by the Lieutenant Governor in Council.

Power to borrow

10(1)       Subject to the approval of the Lieutenant Governor in Council, and subject to subsection (2), the corporation may

(a) raise money by way of loan on the credit of the corporation;

(b) limit or increase the amount to be raised;

for the purposes of the corporation; and, through the Minister of Finance, who shall be its agent in that behalf, it may

(c) issue notes, bonds, debentures, or other securities of the corporation;

(d) mortgage, hypothecate, or pledge any of its real and personal property;

(e) sell or otherwise dispose of the notes, bonds, debentures, or securities issued under clause (c), for such sums and at such prices as are deemed expedient;

(f) raise money by way of loan on any such securities; and

(g) do any of those things.

Limitation on borrowing powers

10(2)       The powers conferred on the corporation under subsection (1) may be exercised only

(a) for the repayment of any expenditure made, or that may be made, by the corporation for the purposes provided in this Act, or for the repayment, refunding, or renewal, of the whole or part of any loan or advance made by the government to the corporation, or of notes, bonds, debentures, or other securities issued by the corporation; or

(b) in the cases to which clause (a) does not apply, only to the extent permitted by this Act or any other Act of the Legislature.

Form of securities

10(3)       The notes, bonds, debentures and other securities, the issue of which is authorized by subsection (1), shall be in such form, shall bear such rate of interest, and shall be payable or redeemable in advance of maturity, as to principal and interest and premium, in the currencies of such countries, in such amounts or prices, in such manner, and at such times, in all respects, as the Lieutenant Governor in Council may determine.

Signature of chairman on securities

10(4)       The notes, bonds, debentures and other securities authorized by subsection (1) shall bear the seal of the corporation, which may be impressed thereon or may be engraved, lithographed, printed or otherwise mechanically reproduced thereon and, together with any coupons attached thereto, shall bear the manual, engraved, lithographed, printed or otherwise mechanically reproduced signatures of the chairman and of the secretary of the corporation; and any such mechanically reproduced seal and signatures are, for all purposes, valid and binding upon the corporation if the note, bond, debenture or other security bearing them, or to which the coupon bearing them is attached, is countersigned by an officer appointed by the corporation for that purpose, notwithstanding that the person whose signature is so reproduced may not have held office at the date of the notes, bonds, debentures or other securities or at the date of the delivery thereof and notwithstanding that the person who holds any such office at the time when any such signature is affixed is not the person who holds that office at the date of the notes, bonds, debentures or other securities or at the date of the delivery thereof.

Proof that securities are necessary

10(5)       A recital or declaration in the resolution or minutes of the corporation authorizing the issue or sale of notes, bonds, debentures or other securities to the effect that the amount of notes, bonds, debentures or other securities so authorized is necessary to realize the net sum authorized or required to be raised is conclusive evidence of that fact.

S.M. 1990-91, c. 4, s. 5.

Power of government to guarantee

11(1)       The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal, interest and premium, if any, of the notes, bonds, debentures and other securities issued by the corporation; and the form and manner of any such guarantee shall be such as the Lieutenant Governor in Council may approve.

Signing of guarantee

11(2)       The guarantee shall be signed by the Minister of Finance, or such other officer or officers as may be designated by the Lieutenant Governor in Council; and, upon being signed, the government shall be liable for the payment of the principal, interest and premium, if any, of the notes, bonds, debentures and securities guaranteed, according to the tenor thereof.

Discharge of liability under guarantee

11(3)       In a case to which subsections (1) and (2) apply the Lieutenant Governor in Council may discharge the liability resulting from the guarantee out of the Consolidated Fund, or out of the proceeds of securities of the government issued and sold for the purpose; and, in the hands of a holder of any such notes, bonds, debentures or securities of the corporation, a guarantee so signed is conclusive evidence that compliance has been made with the terms of this section.

Signature of Minister of Finance, etc.

11(4)        The signature of the Minister of Finance or of any such officer or officers for which provision is made in subsection (2) may be engraved, lithographed, printed or otherwise mechanically reproduced and the mechanically reproduced signature of any such person shall be conclusively deemed, for all purposes, the signature of that person, and is binding upon the Government of Manitoba, notwithstanding that the person whose signature is so reproduced may not have held office at the date of the notes, bonds, debentures or other securities or at the date of the delivery thereof, and notwithstanding that the person who holds any such office at the time when any such signature is affixed is not the person who holds that office at the date of the notes, bonds, debentures or other securities or at the date of the delivery thereof.

Investments

12(1)       The corporation shall pay to the minister charged with the administration of The Financial Administration Act, for investment for the corporation, moneys in any reserve established under section 18 and such additional moneys as are not immediately required for the purposes of the corporation and are available for investment.

Moneys to be credited to corporation

12(2)       Moneys paid under subsection (1) for investment shall form part of the Consolidated Fund and may be invested in accordance with The Financial Administration Act, and the interest earnings thereon shall be credited to the account of the corporation in the Consolidated Fund.

Payment of earnings

12(3)       Any earnings, whether alone or with the principal sum invested for the corporation under this section, or any part thereof, shall be paid over to the corporation by the minister charged with the administration of The Financial Administration Act on the request of the corporation.

S.M. 1996, c. 59, s. 103.

Employees not civil servants

13(1)       Notwithstanding The Civil Service Act and The Civil Service Superannuation Act, and notwithstanding that officers and employees of the corporation may by order of the Lieutenant Governor in Council be made subject to The Civil Service Superannuation Act and designated as within the definition of "civil service" for the purposes of that Act, the officers and employees of the corporation are not otherwise or for any other purpose members of the civil service of the Government of Manitoba.

Powers respecting insurance plans for benefit of employees

13(2)       The corporation may, alone or in co-operation with other corporations, departments, commissions, or other agents of the Crown, establish, support or participate in any one or more of

(a) a pension or superannuation plan; or

(b) a group insurance plan

for the benefit of officers and employees of the corporation and their dependents.

Property deemed to belong to the Crown

14(1)       All property, whether real or personal, and all moneys acquired, administered, possessed or received by the corporation, and all profits earned by the corporation shall be deemed to be the property of Her Majesty in right of Manitoba for all purposes, including exemption from taxation of whatever nature and description, and the corporation is an agent of Her Majesty in right of Manitoba.

Restriction on use of moneys by government

14(2)       No moneys, funds, reserves, investments and property, whether real or personal, acquired, administered, possessed or held by the corporation, nor any profits earned by the corporation in the activity of automobile insurance for which premiums are prescribed in the regulations, may be taken, used or appropriated by the Government of Manitoba for any purpose whatever, except as provided under section 12 or in repayment of advances by or moneys borrowed from, the Government of Manitoba and interest thereon.

Government may appropriate funds

14(3)       Subject to subsection (2) and subsection 44(1), the Government of Manitoba may, for any purpose whatever, take, use or appropriate any moneys, funds, investments and property, whether real or personal acquired, administered, possessed or held by the corporation or any profits earned by the corporation.

Premium tax

14(4)       The Insurance Corporations Tax Act applies to the corporation, and the corporation is an insurer for the purposes of that Act.

Grant in lieu of cost of municipal and school services

14(5)       The corporation, as an operating expense, shall make annually to any municipality in which land or personal property of the corporation, are situated, or in which the corporation, carries on business, such grant towards the cost of municipal and school services as the Lieutenant Governor in Council may approve.

R.S.M. 1987 Supp., c. 13, s. 3; S.M. 1988-89, c. 23, s. 37.

No privatization without referendum

14.1(1)     The government shall not

(a) take any steps to privatize the corporation or all or any part of its insurance undertaking; or

(b) present to the Legislative Assembly a bill to authorize or effect such a privatization;

unless the government first puts the question of the advisability of privatizing the corporation or undertaking to the voters of Manitoba in a referendum, and the privatization is approved by a majority of the votes cast in the referendum.

Procedures for referendum

14.1(2)     A referendum under this section shall be conducted and managed by the Chief Electoral Officer in the same manner, to the extent possible, as a general election under The Elections Act, and the provisions of that Act apply with necessary modifications to such a referendum.

Question to be put to voters

14.1(3)     The question to be put to voters in a referendum under this section shall be determined by order of the Lieutenant Governor in Council at the commencement of the referendum process.

Regulations re procedures

14.1(4)     The Lieutenant Governor in Council may make any regulations that the Lieutenant Governor in Council considers necessary respecting the referendum process to give effect to this section, including, without limitation, regulations

(a) governing the preparation of a voters list;

(b) governing the expenses, if any, that may be incurred, and the contributions, if any, that may be made, and by whom, in connection with a referendum, including placing limits on such expenses and contributions and establishing registration and reporting requirements for persons or organizations who make such contributions or incur such expenses;

(c) where greater certainty is required, modifying to the extent necessary the provisions of The Elections Act to make them applicable to the requirements of a referendum.

Costs of referendum

14.1(5)     The costs of conducting a referendum under this section shall be paid from the Consolidated Fund.

Amendment or repeal

14.1(6)     Any bill introduced in the Legislative Assembly to amend, repeal, override or suspend the operation of this section shall be referred at the committee stage to a standing committee of the Legislative Assembly which provides the opportunity for representations by members of the public.

Timing of review by committee

14.1(7)     The standing committee referred to in subsection (6) shall not meet to review the bill until seven days after the later of

(a) the day the bill is distributed in the Legislative Assembly; and

(b) the day the public is given notice of the date, time and place of the meeting.

S.M. 2004, c. 7, s. 2.

Safekeeping of uninvested funds

15          Uninvested funds of the corporation shall be kept in such institutions for the safekeeping of moneys and other valuable securities as the Lieutenant Governor in Council may direct.

Moneys of the corporation

16          All moneys required by this Act and the regulations, or any other Act or regulations, to be paid to the corporation and all premiums and other consideration payable for insurance provided by the corporation, and any other moneys that may become due and payable to the corporation by the regulations or otherwise shall be paid to the corporation, and may be retained by the corporation and shall be used and dealt with for no other purpose than to carry out the powers of the corporation in accordance with this Act and the regulations.

Separate accounts

17(1)       The corporation shall keep and maintain separate and distinct accounts in respect to the business of automobile insurance in which it shall record

(a) all moneys paid to it in respect of premiums and all other moneys, including investment income, received by it; and

(b) all payments of benefits, insurance moneys, damages, compensation, costs, and operating expenses incurred by it;

in respect of that business of automobile insurance for which premiums are prescribed in the regulations.

Apportionment of income and expenditures

17(2)       Where any income, including investment income, is received by the corporation or any expenditure is made by the corporation a part of which is for the business of automobile insurance and a part of which is in respect of any other business or purpose of the corporation, the directors shall apportion and account for such income and expenditure accordingly.

Audit

17(3)       The accounts of the corporation shall, at least once in each year, be audited and reported on by an auditor, who may be the Auditor General, appointed by the Lieutenant Governor in Council and the cost thereof shall be paid by the corporation.

Special audits

17(4)       Notwithstanding subsection (3) and in addition thereto, the Lieutenant Governor in Council or the Auditor General may at any time order an audit of or investigation into the accounts or affairs of the corporation and where the Lieutenant Governor in Council orders an audit or investigation he shall designate the person, who may be the Auditor General, to make the audit or investigation.

S.M. 2001, c. 39, s. 31.

Reserves

18          The corporation shall establish and maintain reserves in such amounts that, at all times, it has sufficient funds to meet all the payments as may become payable under this Act and regulations.

S.M. 1990-91, c. 4, s. 5.

Actions against corporation only

19(1)       No action or other proceeding lies against any person other than the corporation for the purpose of enforcing any claim, or right in relation to the operations engaged in or carried on pursuant to this Act.

Bona fide acts or omissions, protected

19(2)       No action or other proceeding whatever may be commenced against any person in respect of any bona fide act or omission in connection with the administration or carrying out of the provisions of this Act or the regulations.

Contracts

20(1)       Contracts on behalf of the corporation may be made as follows:

(a) a contract that, if made between private persons would be by law required to be in writing and under seal, may be made on behalf of the corporation in writing under seal and may, in the same manner, be varied or discharged;

(b) a contract that, if made between private persons would be by law required to be in writing signed by the parties to be charged therewith, may be made on behalf of the corporation in writing signed by any person acting under its authority, express or implied, and may in the same manner be varied or discharged; and

(c) a contract that, if made between private persons would by law be valid although made orally and not reduced to writing, may be made in like manner on behalf of the corporation by any person acting under its authority, express or implied, and may in the same manner be varied or discharged.

Contracts binding on successors to corporation

20(2)       All contracts made according to this section are effectual in law, and shall bind the corporation and its successors and all other parties thereto.

Acceptance, etc. of bills of exchange

20(3)       A bill of exchange or promissory note shall be deemed to have been made, accepted, or endorsed on behalf of the corporation if made, accepted, or endorsed in the name of, or by, or on behalf of, or on account of, the corporation by any person acting under its authority.

Sufficiency of signature on contracts

20(4)       Where a contract or other document is one that may be signed on behalf of the corporation by a director or the chief executive officer for the time being, or that is required to be so signed, the placing of a stamped, printed, lithographed, or otherwise mechanically reproduced facsimile of his or her handwritten signature on the contract or on the document is a sufficient signing thereof by the director or by the chief executive officer, as the case may be.

Contract deemed to be validly made

20(5)       Where a contract or other document relating to the business of the corporation bears a signature purporting to be that of a director or the chief executive officer or other officer of the corporation and, if required to be countersigned, a countersignature purporting to be that of a director or chief executive officer or other officer, or other person duly authorized in that behalf, the contract or other document shall be deemed to have been validly made and the signature, and the countersignature and seal, if any, shall be deemed to have been validly affixed by persons duly authorized by the corporation in that behalf; and it shall not be necessary in or before any court, board, commission or other tribunal or otherwise to prove the seal of the corporation or the handwriting or authority of the person signing, sealing or countersigning any such contract or document, or chief executive officer the authenticity of the facsimile of the signature of a director or the chief executive officer in the case of a contract or document signed in the manner authorized by subsection (4).

S.M. 2000, c. 35, s. 19; S.M. 2001, c. 43, s. 23.

Action for recovery of benefits

21          An action to recover benefits or insurance money shall be taken in the court.

Relief from forfeiture

22          Where there has been imperfect compliance with the terms and conditions as to the proof of claim or proof of loss to be given by an insured or other claimant, or as to any other matter or thing required to be done or omitted by an insured or other claimant with respect to a loss, and a consequent forfeiture or avoidance of the benefits or insurance moneys, in whole or in part, and the court deems it inequitable that the benefits or insurance moneys should be forfeited or avoided on that ground, the court may relieve against the forfeiture or avoidance on such terms as it may deem just.

Proof of intoxication, etc.

23(1)       In any action, cause or proceeding in which any of the provisions of this Act or the regulations and any plan are invoked and in which it is material to establish that a person using or operating a motor vehicle was so using or operating the motor vehicle under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the motor vehicle, there shall be received as admissible evidence on the issue, proof that that person has been convicted of an offence committed at the material time under clause 253(a) or (b) or subsection 254(5) of the Criminal Code (Canada), whether or not that person is a party to the action, cause or proceeding and whether or not he is a witness at the trial and whether or not he has first been questioned as to whether he has been convicted of that offence.

Sufficiency of evidence of conviction

23(2)       For the purpose of subsection (1), a certificate containing the substance and effect only of the conviction of a person for an offence under clause 253(a) or (b) or subsection 254(5) of the Criminal Code (Canada) and purporting to be signed by the officer having custody of the records of the court in which the person was convicted, or by the deputy of that officer, shall, upon proof of the identity of the person so convicted, be sufficient evidence of the conviction without proof of the signature or official character of the person by whom the certificate purports to have been signed.

Conclusive proof

23(3)       Proof of a conviction under clause 253(a) or (b) or subsection 254(5) of the Criminal Code (Canada) shall be conclusive evidence that the person so convicted was, at the time of the commission of the offence, using or operating a vehicle while under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the vehicle within the meaning of this Act and the regulations.

S.M. 1991-92, c. 41, s. 23.

Certain reports not available to public

24          Statements, information and reports made or given to the corporation pursuant to subsections 6(4) to (6), sections 51 and 52 shall be the property of the corporation and shall not be made public for any purpose whatsoever, except in an action or proceeding in court to which the corporation is a party, or with the written consent of the person making the statement or report or giving the information.

Waiver

25          For the better administration of this Act or the regulations, the corporation may, generally, or for a particular case, waive a term or condition in the Act or the regulations; but no term or condition shall be deemed to be waived by the corporation in whole or in part unless the waiver is stated in writing and signed by an officer of the corporation.

Subrogation

26(1)       Upon making any payment of benefits or insurance money or upon assuming liability for such payment, the corporation is subrogated to and shall be deemed to be an assignee of all rights of recovery against any other person liable in respect of the loss, damage, injury, or death of every person to whom, or on whose behalf, or in respect of whom, the benefits or insurance money are to be paid; and the corporation may enforce those rights of recovery as provided in subsection (6) to the extent that the corporation has paid or has assumed liability to pay the benefits or insurance money.

When rights of subrogation apply

26(2)       The rights conferred upon the corporation under this section apply only where the loss, damage, injury, or death for which the corporation has paid or has assumed liability to pay benefits or insurance moneys is caused or contributed to by the fault of

(a) a person who, at the material time, was driving a motor vehicle

(i) while not qualified to drive a motor vehicle; or

(ii) while not authorized by law to drive a motor vehicle; or

(iii) that was not designated in an unexpired owner's certificate; or

(iv) that was towing an unregistered trailer that was required to be registered under The Drivers and Vehicles Act; or

(v) while under the influence of intoxicating liquor or drugs to such an extent as to be for the time being incapable of the proper control of the motor vehicle; or

(b) a person who, at the material time, was driving or operating a motor vehicle or trailer without the consent, express or implied, of the owner thereof or who otherwise is not a person entitled to the benefit of subsection 38(4); or

(c) a person whose fault did not consist of acts or omissions in the ownership, use, or operation of a motor vehicle or trailer; or

(d) a person not the owner of a vehicle causing the loss, damage, injury or death or sustaining the loss or damage who at the material time is engaged in the business of selling, repairing, servicing, storing or parking motor vehicles or the servant or agent of any such person.

No reduction of liability

26(3)       The liability of any of the persons mentioned in subsection (2) is not limited, restricted, or reduced by reason of this section; but in every case to which this section applies, the liability for the loss, damage, injury, or death and the damages recoverable therefor shall be determined and assessed as fully as if section 38 had not been enacted.

Liability of other persons

26(4)       Every person who, either alone or together with others, is, or apart from this Act would be, liable for loss, damage, injury, or death caused by the fault of a person mentioned in subsection (2) shall, for the purpose of this section, be liable to the same extent as the person mentioned in subsection (2).

Non-application to owner

26(5)       Subsection (4) does not apply to an owner of a motor vehicle or trailer where loss, damage, injury, or death is caused by fault on the part of a driver or operator of that motor vehicle or trailer who, at the material time, was not the owner, and

(a) was living with and was a member of the family of the owner, if the owner proves that the driver or operator had acquired possession of the motor vehicle or trailer without the consent, express or implied, of the owner; or

(b) if the owner proves that he has observed and performed the terms and conditions of a plan insofar as those terms and conditions relate to third party liability insurance and are required to be observed and performed by him.

Power of corporation in enforcing rights to which it is subrogated

26(6)       For the purpose of enforcing the rights of recovery to which the corporation is subrogated and of which it is deemed to be an assignee under subsection (1) the corporation may

(a) bring a separate action in its own name to recover from the person liable in respect of the loss, damage, injury, or death the amount of benefits and insurance money that it has paid or for which it has assumed liability; or

(b) join with any other person who has a cause of action for the loss, damage, injury, or death in respect of which benefits and insurance money have been paid or for which the corporation has assumed liability, to bring, upon such terms as may be agreed to by that person, one action in the name of that person for all damages that may be recoverable in respect of that cause of action.

Person may bring action in own name

26(7)       Where the corporation brings a separate action under clause (6)(a), a person who has a cause of action in respect of the loss, damage, injury, or death for which the corporation has paid or assumed liability for benefits or insurance money may bring action in his own name for the damages recoverable by him; but he may recover only the amount by which the damages exceed the benefits and insurance money.

Rights of corporation not to be prejudiced

26(8)       The commencement of an action or other proceeding by any person in respect of loss, damage, injury, or death shall not prejudice the right of the corporation to bring, at any time prior to judgment in that action or other proceeding, a separate action under clause 6(a) and subsection (7) applies to such action.

Compromising of claims restricted

26(9)       Upon being notified in writing that the corporation has made or is making a claim or bringing an action or other proceeding under this section, no person shall negotiate or effect a compromise, settlement, or satisfaction of any claim of that person to the prejudice of the claim of the corporation; and a person receiving such a notice who has received benefits or insurance money

(a) shall enter into such agreements and execute such documents as the corporation may reasonably request to further secure the rights conferred upon the corporation under this section; and

(b) shall not interfere in any negotiations for compromise or settlement or in, except as provided in subsection (7), the action or proceeding; but, whenever requested by the corporation, shall aid in securing information and evidence and the attendance of any witness, and shall co-operate with the corporation, except in a pecuniary way, in any action or other proceeding or in the prosecution of an appeal.

S.M. 2005, c. 37, Sch. A, s. 158; S.M. 2014, c. 15, s. 4.

Access to records, etc.

27(1)       Notwithstanding anything to the contrary in any statute or law, the corporation shall have access to all documents, books, reports, records and other things and to all facilities of, belonging to or available to the Department of Infrastructure and Transportation, The Motor Transport Board, The Taxicab Board of Winnipeg and The Registrar of Motor Vehicles, as the corporation may in its discretion deem necessary or desirable for the better carrying out of this Act and the regulations.

Information from other departments

27(2)       For the purpose of evaluating the risks or class of risks that may be undertaken by the corporation, every department of the government, every agent of Her Majesty in right of Manitoba, and every municipality shall furnish to the corporation, upon request in writing, all such reports and information as the corporation may require.

S.M. 2000, c. 35, s. 70; S.M. 2001, c. 43, s. 56; S.M. 2013, c. 54, s. 58.

Salvage

28          The corporation may acquire and hold for its benefit or dispose of any salvage to which it becomes entitled upon the settlement of a claim under any plan or contract of insurance under this Act and the regulations.

Corporation as agent

29(1)       The corporation, its officers, or full-time salaried employees may act as insurance agents or as insurance adjusters for the corporation or for other insurers with whom the corporation has entered into reciprocal arrangements in respect to adjustment of claims; and the provisions of The Insurance Act do not apply to such agents or adjusters.

Corporation deemed licensed

29(2)       Subject to subsection (1), for the purpose of licensing adjusters, agents and brokers, the corporation shall be deemed to be fully licensed as an insurer under the provisions of The Insurance Act.

Insurance Act does not apply

30(1)       Subject to subsection (2), and except as otherwise provided herein, The Insurance Act does not apply

(a) to universal compulsory automobile insurance;

(b) to the corporation in respect of universal compulsory automobile insurance;

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

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

Lieutenant Governor in Council may make Insurance Act apply

30(2)       The Lieutenant Governor in Council may order that any provision of The Insurance Act applies

(a) to universal compulsory automobile insurance; and

(b) to the corporation in respect of universal compulsory automobile insurance;

and thereupon that provision of The Insurance Act applies to universal compulsory automobile insurance and to the corporation in respect of universal compulsory automobile insurance.

Application of Insurance Act to Part 2

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

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

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

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

Application of Insurance Act to other insurance

30(3)       Subject to subsection (4), and except as otherwise provided herein, The Insurance Act applies

(a) to any non-compulsory automobile insurance offered or provided by the corporation under this Act or the regulations; and

(b) to the corporation in respect of any non-compulsory automobile insurance offered or provided by the corporation under this Act or the regulations as though the corporation were licensed under that Act to carry on the business of automobile insurance;

but the corporation is not required to be licensed under that Act.

Lieutenant Governor in Council may make Insurance Act not apply

30(4)       The Lieutenant Governor in Council may order that any provision of The Insurance Act does not apply

(a) to any non-compulsory automobile insurance offered or provided by the corporation under this Act or the regulations; or

(b) to the corporation in respect of any non-compulsory automobile insurance offered or provided by the corporation under this Act or the regulations;

and thereupon that provision of The Insurance Act does not apply to the non-compulsory automobile insurance or to the corporation in respect of the non-compulsory automobile insurance.

Insurance Act other than automobile insurance

30(5)       Subject to subsection (6) and except as otherwise provided herein, The Insurance Act applies

(a) to any class of insurance authorized under clause 6(1)(c) and offered or provided by the corporation under this Act or the regulations; and

(b) to the corporation in respect of any such class of insurance offered or provided by the corporation under this Act or the regulations as though the corporation were licensed under that Act to carry on business in that class of insurance;

but the corporation is not required to be licensed under that Act.

L.G. in C. may make Insurance Act not apply

30(6)       The Lieutenant Governor in Council may order that any provision of The Insurance Act does not apply

(a) to any class of insurance authorized under clause 6(1)(c) and offered or provided by the corporation under this Act or the regulations; and

(b) to the corporation in respect of any such class of insurance offered or provided by the corporation under this Act or the regulations;

and thereupon that provision of The Insurance Act does not apply to such class of insurance or the corporation in respect of such class of insurance.

S.M 1993, c. 36, s. 4.

Authority of corporation

31(1)       The Lieutenant Governor in Council may make regulations authorizing the corporation to engage in and carry on any class of insurance or any insurance plan, set out in section 6, upon such terms as the regulations under this Act may provide and he may, by regulation, provide that certain provisions of this Act or the regulations do not apply to a particular class of insurance or insurance plan carried on pursuant to this section.

Powers of corporation

31(2)       Upon being authorized as provided in subsection (1), the corporation has the power and authority to engage in and carry on the class of insurance or the insurance plan so authorized without any further authority than this Act and the regulations, as fully as if licensed for that purpose under The Insurance Act.

Agreements

32          The corporation may, with the approval of the Lieutenant Governor in Council, enter into agreements with Canada and any province of Canada, respecting

(a) uniformity of contracts and statutory conditions thereof; or

(b) deposit, security, and undertaking required in respect of carrying on business in other provinces of Canada; or

(c) any other matter in respect of carrying on business, or settlement of claims in other provinces of Canada.

Regulations

33(1)       Subject to subsection (1.1), for the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and not inconsistent therewith; and every regulation shall be deemed to be part of this Act and has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) establishing, amending, and revoking such plans of automobile insurance and plans of universal compulsory automobile insurance for the insurance within Manitoba of such losses, damages, injuries, or deaths arising out of the perils and risks attendant upon or relating to the use, operation, or ownership of motor vehicles and trailers as the Lieutenant Governor in Council may designate;

(b) establishing the terms, conditions, and limits of insurance under any plan;

(c) establishing classes and sub-classes of drivers, by regions of the Province of Manitoba, or otherwise, establishing such regions, establishing classes of motor vehicles and trailers, and prescribing the premiums payable by drivers and owners of motor vehicles according to the regions, or otherwise, and according to the classes;

(d) designating those persons who are, or may be, insured under any plan, the benefits or insurance moneys payable to insured persons, and the perils or risks for which insurance may be provided;

(e) prescribing the duration of the period of coverage provided under any certificate;

(f) defining for the purposes of the regulations words not defined in the Act;

(g) prescribing such rights of salvage in favour of the corporation as may be considered necessary for the purposes of any plan;

(h) establishing a driver safety rating system to rate a person based on the input factors recorded in his or her driver record, or on the absence of input factors in the record over time, for the purpose of determining the premium that the person must pay for a driver's certificate;

(h.1) respecting the driver safety rating system established under clause (h), including, but not limited to,

(i) prescribing the facts recorded in a person's driver record that are input factors and negatively affect the person's position on the driver safety rating scale,

(ii) prescribing the amount of the effect for a particular input factor or class of input factors,

(iii) respecting the period that a person must drive without an input factor being attributed to him or her by the registrar before the driver is eligible to have one or more merits added to, or one or more demerits removed from, his or her driver safety rating,

(iv) respecting other circumstances in which a person may be eligible to have merits added to or demerits removed from his or her driver safety rating, and

(v) respecting the circumstances in which the corporation may reassess a person's driver safety rating and assess an additional driver premium that the person must pay;

(h.2) respecting the premiums that drivers must pay for their drivers' certificates depending on their placement on the driver safety rating scale;

(i) establishing a plan for payment by the corporation to any person sustaining loss from bodily injury or death, or damage to property, arising out of the use or operation of a motor vehicle where

(i) the name of the owner or driver is not known; or

(ii) the name of the driver is not known and the owner is not liable;

the terms, conditions, and limits of liability of the corporation under the plan; and the duties and liabilities of owners and drivers of motor vehicles respecting reimbursement of the corporation for such payments;

(j) establishing and determining, with respect to any plan, the right of any person who would have a cause of action in Manitoba against the owner or driver of an uninsured motor vehicle to apply to the corporation for payment of damages, the terms and conditions and limits of liability of the corporation for payment of the claims for damages determining whether or not payment and the amount thereof is within the discretion of the corporation, and providing for the obtaining of consents to payment of those persons liable for the losses, damages, injuries, or deaths, and the execution under seal or otherwise of agreements by those persons liable for the repayment to the corporation of amounts paid to claimants;

(k) providing, with respect to any plan, for settlement and payment of a claim or judgment or unsatisfied portion of a judgment, for damages on account of injury to, or the death of, any person or loss of, or damage to, property occasioned in Manitoba by an uninsured motor vehicle owned or operated by a person within Manitoba, the terms and conditions governing the payment, and the maximum amount of money payable respecting any person, accident, or occurrence;

(l) determining the residence of persons for purposes of this Act, the regulations, and any plan, and determining the rights of non-residents to receive benefits or payments of any kind whatsoever under any plan, or exempting non-residents, as described in the regulations, from the provisions of this Act or the regulations;

(m) authorizing any additional services and expenditures by the corporation on behalf of a person insured under an owner's certificate and providing that the corporation may, in the name and on behalf of any person insured by an owner's certificate, defend at its cost any civil action brought against such person by anyone respecting a loss, damage, injury, or death for which that person may be liable, and designating the terms and conditions governing the provision of additional services and the making of additional expenditures;

(n) providing for and prescribing the conditions governing the refund or rebate of the whole or part of a premium paid to the corporation under this Act and any plan;

(o) respecting any matter considered necessary or deemed advisable by the Lieutenant Governor in Council for the effective carrying out of the intent and purpose of this Act and the regulations and any insurance plan established under this Act.

Review by P.U.B

33(1.1)     No regulation relating to premiums charged by the corporation for compulsory driver and vehicle insurance shall be passed pursuant to subsection (1) unless the Lieutenant Governor in Council is satisfied that the proposed change has been approved by The Public Utilities Board pursuant to Part IV of The Crown Corporations Public Review and Accountability Act.

Condition precedent to obtaining benefits

33(2)       Subject to section 25, the observance of any term or condition established under subsection (1) shall be a condition precedent to the obtaining of benefits, insurance moneys, or indemnification provided under any plan of insurance.

Exclusion of non-residents and motor vehicles

33(3)       The Lieutenant Governor in Council may, by regulation, exclude or exempt any non-residents or class of non-residents and any motor vehicle or trailer or class thereof from the operation of this Act or the regulations, or any provision of the Act or the regulations, or any plan or part of a plan upon such terms and conditions as he may prescribe.

Application of regulations under clause (1)(h), (h.1) or (h.2)

33(4)       A regulation made under clause (1)(h), (h.1) or (h.2) does not apply in relation to a conviction for an offence under subsection 88(7) or (9) (red light offences), subsection 95(1) (speeding offences) or clause 134(1)(b) or (c) (railway crossing offences) of The Highway Traffic Act that is based on evidence obtained through the use of an image capturing enforcement system as defined in that Act.

S.M. 1988-89, c. 23, s. 37; S.M. 2002, c. 1, s. 21; S.M. 2008, c. 36, s. 50.

Limitation of actions

34(1)       Every action or proceeding by an insured against the corporation in respect of loss of or damage to his motor vehicle or trailer or in respect of benefits payable under any plan of automobile insurance shall be commenced within two years next after the happening of the loss or damage or after the cause of action arose, as the case may be, and not afterwards.

Limitation of actions

34(2)       Unless otherwise provided in any contract or insurance plan, no action or other proceeding lies against the corporation in respect of any claim for loss or damage under a policy or plan of insurance unless the action or other proceeding is commenced within two years after the furnishing of reasonably sufficient proof of loss or claim under the policy or insurance plan.

Motor vehicle liability insurance cards

35           The corporation shall make provision for the issue and delivery to an owner entitled under any plan of a motor vehicle liability insurance card and the said motor vehicle liability insurance card may be incorporated in such registration card, permit or certificate of registration as may be issued by any authority in Manitoba respecting the vehicle described in the said motor vehicle liability insurance card.

Insurance as proof of financial responsibility

36(1)       For the purpose of availing to persons insured under any plan or part thereof established under this Act or the regulations financial responsibility of the kind and form required under the applicable laws of any other province, state or territory, the corporation may from time to time execute and file with the appropriate public authorities in that other province, state or territory such of the following as the occasion requires

(a) a power of attorney authorizing acceptance of service of notice or process for itself or its insured in any action or proceeding arising out of the motor vehicle accident in that other province, state or territory;

(b) an undertaking to appear in any such action or proceeding;

(c) an agreement to submit to the jurisdiction of the court in the other province, state or territory and not to set up any defence in any such action or proceeding that would not be available to an insurer under a motor vehicle liability policy issued in that province, state or territory;

and the corporation may generally do all acts and things necessary and incidental thereto.

Reimbursement by insured

36(2)       Where the corporation has received notice of process in any action or proceeding arising out of a motor vehicle accident for which the insured may be liable, which occurred outside Manitoba, and it has, within five days of such receipt, either personally delivered or forwarded by registered mail to the last known address of the insured a copy of such notice to the insured, the insured shall be liable to pay or reimburse the corporation upon demand any amount that the corporation has paid by reason of this section that it would not otherwise be liable to pay, and the corporation may enforce such right by action in court.

Application of subsections 39(9), (10) and (12)

36(3)       Where the insured is liable to pay or reimburse the corporation for any amount that the corporation has paid by reason of this section that it would not otherwise be liable to pay and 30 days have elapsed after demand has been made by the corporation for repayment or reimbursement subsections 39(9), (10) and (12) apply, with the necessary changes and so far as are applicable.

Actions in other provinces against corporation

36(4)       In an action in another province or territory of Canada against the corporation, or against a person insured in respect of bodily injury liability insurance and property damage liability insurance, arising out of the motor vehicle accident in that province or territory, the corporation shall appear and shall not with respect to bodily injury liability insurance and property damage liability insurance set up a defence to a claim under an owner's certificate, including a defence as to the limit or limits of liability, that might not be set up if the claim were under a contract evidenced by a motor vehicle liability policy issued in that province or territory.

Card deemed proof

36(5)        Subject to subsection (7) a motor vehicle liability insurance card issued by the corporation to any person under this Act shall be deemed proof of financial responsibility for the purposes of The Highway Traffic Act and, for the purposes of The Highway Traffic Act, proof shall be deemed to be given upon the issuance of the motor vehicle liability insurance card.

Restriction of issuance

36(6)       No motor vehicle liability insurance card shall be issued unless the insurance evidenced therein complies with the requirements of The Highway Traffic Act as to amount and perils covered.

Proof of financial responsibility

36(7)       Nothing in this section shall prevent the Registrar of Motor Vehicles, The Motor Transport Board and The Taxicab Board of Greater Winnipeg from requiring owners of any classes of motor vehicles to maintain proof of financial responsibility in respect of such motor vehicles in excess of the limits of liability prescribed by this Act or the regulations.

Forfeiture

37          Where

(a) an applicant for an owner's certificate has falsely described the motor vehicle or trailer in respect of which the application is made to the prejudice of the corporation; or

(b) an applicant for an owner's certificate or driver's certificate knowingly misrepresents or fails to disclose in the application a fact required to be stated therein; or

(c) an insured violates a term or condition of any plan; or

(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

(d) an insured commits a fraud in respect of this Act; or

(e) an insured makes a wilfully false statement with respect to a claim under any plan;

any claim by or in respect of the applicant or the insured shall be rendered invalid and his right and the right of every other person claiming through, on behalf of, or as a dependent of the applicant or the insured to benefits and insurance moneys shall be forfeited provided always that where such forfeiture would appear harsh or inequitable, the corporation may relieve any person affected by such forfeiture from the forfeiture of all or any benefits or insurance moneys, and it shall relieve an insured person from the forfeiture of such benefits as it deems equitable in the event of the insured suffering a loss of function of mind or body as a result of an accident that is sufficiently extensive to render the insured permanently incapable of engaging in any occupation for wages or profit, and in the event of the death of the insured.

S.M. 2014, c. 15, s. 5.

Reduction of liability

38(1)       In this section and in section 26, unless the context otherwise requires,

"benefits" means a payment that is, or may be, made in respect of bodily injury or death under a plan established under this Act; except a payment pursuant to a contract of third party liability insurance or an obligation under a plan of third party liability insurance; (« indemnité »)

"insurance money" means a payment that is, or may be, made in respect of loss of, or damage to, a motor vehicle or trailer under a plan established under this Act; except a payment pursuant to a contract of third party liability insurance or an obligation under a plan of third party liability insurance. (« sommes assurées »)

Reduction of liability by amount mentioned in subsection (5)

38(2)       Where loss, damage, injury, or death results from, or arises out of the ownership, use or operation of, a motor vehicle or trailer that is designated in an unexpired owner's certificate issued under this Act, the liability of the owner of that motor vehicle or trailer shall be reduced, in direct suit or by way of contribution or otherwise, by the amount mentioned in subsection (5).

Reduction of liability same as owner's under subsection (2)

38(3)       Where a person having the use or operation of the motor vehicle or trailer designated in an unexpired owner's certificate is, at the time of the loss, damage, injury, or death referred to in subsection (2), also named in an unexpired driver's certificate issued under this Act, the liability of that person for the loss, damage, injury, or death shall be reduced to the same extent as the liability of the owner of that motor vehicle or trailer is reduced under subsection (2).

Reduction of liability in case of failure to observe conditions

38(4)       Where a person who is named in an unexpired driver's certificate is driving or operating a motor vehicle or trailer with the consent, express or implied, of the owner, the liability of that person for loss of, or damage to, that motor vehicle or trailer is reduced, in direct suit or by way of contribution or otherwise, by the amount mentioned in subsection (5); but this subsection does not apply in respect of the liability of a person who, while having the care, custody, or control of the motor vehicle or trailer, fails to observe and perform, as fully as if he were the person named in the owner's certificate in which the motor vehicle or trailer is designated, all the terms and conditions that, under a plan providing for the payment of insurance money, are required to be observed and performed by the person named in the owner's certificate.

Amount of reduction

38(5)       The liability of any person to whom this section applies for loss, damage, injury, or death of any other person shall be reduced

(a) by the total amount of benefits and insurance money paid or payable in respect of the loss, damage, injury, or death; and

(b) where the corporation has not paid or assumed liability to pay benefits or insurance money in respect of the loss, damage, injury, or death by reason of

(i) a failure on the part of that other person, or his personal representative, or any person claiming through, on behalf of, or in respect of that person, to claim those benefits or the insurance money to which he is entitled; or

(ii) a violation of any term or condition of this Act, the regulations, or a plan by the person suffering the loss, damage, injury or death or his personal representative, or any person claiming through, or on behalf of, or in respect of that person; or

(iii) loss or damage to a motor vehicle or trailer that, contrary to the laws of Manitoba, is not designated in an unexpired owner's certificate,

by the total amount of benefits and insurance money that would have been otherwise payable in respect of the loss, damage, injury, or death.

Disclosure of benefits prohibited in court proceedings

38(6)       Where a person commences an action in respect of loss, damage, injury, or death caused by a motor vehicle or trailer or its use or operation, the amount of benefits and insurance money by which the liability of any other person may be reduced under subsection (5) shall not be disclosed to the court and the court shall assess the award of damages and costs without disclosure of, or reference to, the amount of benefits and insurance money.

Disclosure of benefits after award of damages

38(7)       After assessing the award of damages and costs pursuant to subsection (6), the amount of benefits and insurance money referred to in subsection (6), shall be disclosed to the court and taken into account, or, if the amount has not been ascertained, the court may estimate the amount and that amount shall be taken into account, and the person shall be entitled to judgment to be entered for the balance only.

Estimating value of future payments

38(8)       Where, for the purpose of this section, or section 26, it is necessary to estimate the value of future payments that the corporation is authorized or required to make under a plan, that value shall be estimated according to the value, as of the date of the estimate, of a deferred benefit, calculated for the period in respect of which those future payments are authorized or required to be made.

S.M. 1990-91, c. 4, s. 5.

Uninsured motor vehicles

39(1)       Where the death or bodily injury to any person or the loss of or damage to property of any person is occasioned by the use or operation of a motor vehicle or trailer in Manitoba and no amount is payable in respect thereof by reason of the existence of an owner's certificate under this Act or a motor vehicle liability policy or any other policy of automobile insurance within the meaning of The Insurance Act, insuring or purporting to insure to at least the limits mentioned in section 249 of that Act, any of the persons that in the circumstances are legally responsible for the death or bodily injury or loss of or damage to property, the motor vehicle or trailer is for the purpose of this Act an uninsured motor vehicle or trailer, but the expression "uninsured motor vehicle or trailer" does not include

(a) a motor vehicle or trailer in respect of which there exists a proof of financial responsibility given in the manner provided for by section 161 of The Highway Traffic Act; or

(b) a motor vehicle or trailer owned by the Crown in right of Canada.

Corporation deemed to be agent of owner

39(2)       The corporation shall be deemed to be the agent of the owner of every uninsured motor vehicle or trailer for service of notice of process in an action in Manitoba arising out of the use or operation in Manitoba of the uninsured motor vehicle or trailer and where such an action is commenced, a copy of the originating process in the action shall be served on the corporation in the same manner provided for serving the defendant in the action.

Corporation may settle claim

39(3)       The corporation may, at any stage, if it is considered advisable, compromise and settle the claim of any person entitled to commence an action under this section.

Corporation's right of subrogation

39(4)       Where under a plan established under this Act or the regulations, the corporation has paid insurance moneys for the death of or bodily injury to or loss of or damage to property of a person, occasioned in Manitoba by an uninsured motor vehicle or trailer, the corporation is subrogated to the rights of the person to whom that amount is paid and the corporation may maintain an action in its name or in the name of that person against any other person liable in respect of the use or operation of the uninsured motor vehicle or trailer.

Application by corporation to set judgment aside

39(5)       Where the corporation under any plan or the regulations is called upon to pay a judgment or unsatisfied portion thereof obtained or settles any claim against the owner or driver of an uninsured motor vehicle or trailer, and where

(a) it has not been served with a copy of the originating process in the action on or before the date on which the defendant was served; or

(b) the defendant did not enter an appearance; or

(c) the defendant did not file a statement of defence; or

(d) the defendant did not appear in person or by counsel at the trial; or

(e) judgment was signed with the consent or agreement of the defendant;

and where the corporation has not been given notice of such failure, consent, or agreement and has not been afforded an opportunity to take such action as it may consider advisable, it may, instead of paying the judgment, have it set aside by filing a statement of defence, and may make payment into court, appear by counsel at trial, or take such other action as it may consider appropriate on behalf of and in the name of the defendant, conduct his defence, and may, where it considers it advisable to do so, consent to judgment in such amount as it may consider proper in all the circumstances, and all the acts done in accordance with this section shall be deemed to be the acts of the defendant.

Notice of intent to defend action

39(6)       Where the pleadings have been closed or under the rules of court are deemed to have been closed, the corporation may, upon giving notice to the Registrar or a deputy registrar of the court that it intends to defend the action on behalf of and in the name of the defendant, file a defence or appear by counsel at trial, or both, or take such other action as it considers appropriate, and may thereupon conduct the defence; and all acts done in accordance with this section shall be deemed to be acts of the defendant; but the failure of the defendant to comply with a court order or rule of court does not prejudice the corporation in any proceeding it may take in connection with the action.

Costs

39(7)       Where the corporation defends an action under subsection (5) or (6) the costs incurred shall be costs in the cause.

Liability of owner to reimburse corporation

39(8)       Where the corporation has paid any moneys for damages to any person who has or had a cause of action in Manitoba against the owner or driver of an uninsured motor vehicle or trailer, notwithstanding that the owner or driver has not consented to the payment or agreed to reimburse the corporation for making the payment, and it has either personally delivered or forwarded by registered mail to the last known address of the owner or driver, as the case may be, a demand for reimbursement of the amount that the corporation has paid, the owner or driver, as the case may be, shall be liable to pay or reimburse the corporation the amount so paid, and the corporation may enforce such right by action in court.

Suspension of licence, etc. for failure to pay

39(9)       Subject to subsection (10) or (12) where the corporation has paid any moneys as provided in subsection (8), upon the corporation notifying the Registrar or The Motor Transport Board or The Taxicab Board of Winnipeg, as the case may be, that the owner or driver has not repaid the amount of the payment to the corporation, the Registrar or The Motor Transport Board or The Taxicab Board of Greater Winnipeg shall thereupon suspend the driver's licence, permit, or other authority to drive a motor vehicle and the registration of a motor vehicle or trailer issued under The Drivers and Vehicles Act, The Highway Traffic Act or The Taxicab Act, as the case may be, to the owner or driver until satisfactory proof that the owner or driver has repaid the corporation the amount of the payment has been furnished to the Registrar or The Motor Transport Board or The Taxicab Board of Winnipeg, as the case may be, by the owner or driver.

Effect of periodic payments

39(10)      Where the corporation has agreed in writing to accept periodic payments from any person for the purpose of retiring that person's obligations to the corporation under this section, and the person is not in arrears in respect of those payments, that person is entitled, after he has obtained the ordinarily required certificate of insurance, to have the suspension of his motor vehicle registration or licence to drive rescinded; but if a periodic payment falls into arrears, upon the corporation notifying the Registrar or The Motor Transport Board or The Taxicab Board of Winnipeg of the default, the suspension of that person's motor vehicle or trailer registration or licence to drive a motor vehicle shall be re-imposed.

Application of subsection (9)

39(11)      Subsection (9) applies with the necessary changes and so far as is applicable where the corporation has obtained judgment against the owner or driver of an uninsured motor vehicle or trailer, or has become an assignee of a judgment obtained against such an owner or driver and has paid the amount of the judgment, or any part thereof, to any person under the provisions of this Act or the regulations.

Application to court to pay in instalments

39(12)      Notwithstanding the provisions of subsection (10), the owner or driver of an uninsured motor vehicle or trailer may, on due notice to the corporation, apply to a judge of the Court of Queen's Bench for the privilege of paying any amount owing under this section in instalments; and the court may, in its discretion, so order and fix the amounts and times of payment of instalments, and where an order has been so made the provisions of subsection (10) apply with the necessary changes and so far as are applicable.

Effect of subsequent ascertainment of identity of drivers

39(13)      Where the corporation under any plan or regulation has paid any moneys to claimants pursuant to a compromise and settlement or under judgments against the corporation based upon any right or rights given to any person under the regulations respecting the payment of moneys to or on behalf of any person injured or killed by the negligence of a driver of a motor vehicle, the identity of which driver or motor vehicle can not be ascertained, and subsequently, the identity of such driver or the motor vehicle is ascertained, then the corporation may recover all moneys paid by it, by suit as a debt due and owing by the driver or the owner or driver and owner of the motor vehicle, whether or not the driver of the motor vehicle is named in an unexpired driver's certificate and whether or not the motor vehicle is designated in an unexpired owner's certificate, and the provisions of subsections (9), (10) and (12) apply with the necessary changes and so far as are applicable.

S.M. 2005, c. 42, s. 31; S.M. 2005, c. 37, Sch. A, s. 158.

Third party rights

40(1)       A person having a claim against an insured for which indemnity is provided by virtue of an owner's certificate under a plan or part of a plan shall, notwithstanding that there is no contractual relationship between that person and the corporation, be entitled, upon recovering judgment against the insured, or upon settlement with the corporation, to have the insurance moneys payable under a plan or part of a plan applied in or towards satisfaction of his judgment or the settlement of any other judgments or claims against the insured covered by the indemnity and may, if no settlement is made, on behalf of himself and all persons having such judgments or claims, maintain an action against the corporation to have the insurance moneys so applied.

Power to compromise and settle claims

40(2)       For the purpose of this section, the corporation may, at any stage, if it is considered advisable, compromise or settle the claim.

Creditors not entitled to insurance moneys

40(3)       A creditor of the insured is not entitled to share in the insurance moneys payable under any certificate unless his claim is one for which indemnity is provided for by that certificate.

No prejudice to rights of certain persons

40(4)       No

(a) assignment, transfer, surrender, cancellation, suspension, waiver, or discharge of a certificate or of any provision of a plan or part of a plan or of any interest therein or for any insurance moneys payable thereunder made by the insured after the happening of the event giving rise to a claim under the certificate; or

(b) act or default of the insured before or after that event in contravention of this Act or the regulations or any plan; or

(c) contravention of The Criminal Code or of any law or statute of any province, state, or country by the owner or driver of the motor vehicle designated in the certificate

shall prejudice the right of a person entitled under subsection (1) to have the insurance moneys applied upon his judgment or claim, or be available to the corporation as a defence to such action.

Nothing to prejudice defence available to corporation

40(5)       Where the liability of the corporation under any plan or part thereof is affected by the existence of other insurance purporting to insure a person against all or any of the liabilities insured under any plan or part thereof and there has not occurred on the part of the insured any violation of any term or condition of the other insurance sufficient in the particular instance to relieve the other insurer issuing the other insurance from liability to indemnify the insured thereunder, nothing in this section prevents the corporation under this Act from availing itself, against the person making claim pursuant to this section, of any defence that the corporation is entitled to set up against the insured.

Reimbursement by insured

40(6)       Where the corporation has paid moneys to any person under this section, by way of settlement or otherwise, that it would not otherwise be liable to pay, and it has personally delivered or forwarded by registered mail, to the last known address of the insured, a demand for payment or reimbursement of the amount that the corporation has paid, the insured shall be liable to pay or reimburse the corporation the amount so paid, and the corporation may enforce such right by action in court.

Denial of liability by corporation

40(7)       Where the corporation denies liability to an insured under a plan or part of a plan, it shall have the right, upon application to the court in which the action is filed, to be made a party in any action to which the insured is a party and in which a claim is made against the insured by any party to the action with respect to which it is or might be asserted that indemnity is provided under a plan or part of a plan, whether or not the insured has filed a defence in the action; and, upon being made a party, the corporation shall have the right to contest the liability of the insured to any party claiming against the insured, and to contest the amount of any claim made against the insured, to the same extent as if it were a defendant in the action, including, for that purpose, the right to deliver a statement of defence to the claim of any party claiming against the insured, and to deliver other pleadings, and to have production and discovery from any party adverse in interest, and the right to examine and cross-examine witnesses at the trial.

Undertaking to reimburse by insured

40(8)       Where an insured agrees that the corporation would not, except for this section, be or become liable to make a payment in respect of a claim against the insured, the insured may, either before or after the corporation makes payment, undertake to pay or reimburse the amount of the payment to the corporation by giving an undertaking in writing to repay to the corporation the amount to be paid by the corporation and executing a consent to the payment by the corporation of the amount to be paid.

Corporation may require assignment of judgment

40(9)       Subject to subsection (8), the corporation may, on the payment of an amount under this section that it would not otherwise be liable to pay, require an assignment of the judgment from the judgment creditor to the extent of that payment and, unless, within 30 days after demand for payment or reimbursement under subsection (6) has been made by the corporation, the insured disputes, in writing delivered to the head office of the corporation, his liability to pay or reimburse the corporation, the corporation shall, pursuant to The Judgments Act be entitled to register the assignment.

Effect of judgment or settlement

40(10)      Where the corporation has paid moneys in satisfaction of a claim, settlement, or judgment under this section or by agreement under subsection (8), upon the corporation notifying the Registrar or The Motor Transport Board or The Taxicab Board of Winnipeg, as the case may be, that the insured has not repaid or reimbursed the amount required under subsection (6) or (8) to be repaid to the corporation, the provisions of subsections 39(9), (10) and (12) apply with the necessary changes and so far as are applicable.

Corporation to receive notice of action

41          Every person who commences an action for damages occasioned by a motor vehicle or trailer designated in an owner's certificate against an insured shall serve the corporation with a copy of the originating process in the action in the same manner provided for serving the defendant in the action, file proof of such service in the court in which the action is pending, and, unless such proof of service is filed no further step in the action may be taken until such service is effected and proof thereof is filed.

Unnamed insured may recover indemnity

42          A person insured by but not named in an owner's certificate may recover indemnity in the same manner and to the same extent as if named therein as the insured, and for that purpose may, in his own name and on his own behalf, exercise the same rights and shall be subject to the same obligations as if named therein as the insured.

Annual report

43(1)       The corporation shall submit to the Lieutenant Governor in Council annually

(a) a report of the corporation upon its operations for the preceding fiscal year; and

(b) a financial statement showing the assets and liabilities of the corporation at the end of the preceding fiscal year and the operations of the corporation for that year in such form as may be required by the Minister of Finance.

Tabling of report

43(2)       The report and financial statement referred to in subsection (1) shall be laid before the Legislative Assembly on a date within 90 days next following the end of the year for which the report and statement are made if the Legislative Assembly is then in session, otherwise on a date within 15 days after the opening of the next following session.

Excess of assets

44(1)       If the financial statement which, but for this section, the minister would be required to lay before the Legislative Assembly under section 43 shows that the assets of the corporation at the end of the year for which the statement is made exceed its liabilities at the end of that year, the Lieutenant Governor in Council may, by order, direct that the corporation pay to Her Majesty in right of Manitoba forthwith after the statement, amended as provided in subsection (2), has been laid before the Legislative Assembly such portion of the remaining excess as the Lieutenant Governor in Council may determine; but not so as to reduce the remaining balance of the excess of assets over liabilities below 125% of the total of the unearned premiums upon all its outstanding unmatured policies, calculated pro rata for the time expired, together with the amount of outstanding claims and all its other liabilities of every kind.

Adjustment of financial statement

44(2)       Any payment which the Lieutenant Governor in Council directs to be made under subsection (1) shall be shown in the statement of liabilities included in the financial statement to be laid before the Legislative Assembly under section 43 as an amount owing by the corporation at the end of the year for which the statement is made, and the excess of assets over liabilities shown by that financial statement shall reflect that increase in the liabilities.

Act not to apply to Government of Canada motor vehicles

45(1)       This Act and the regulations does not apply to motor vehicles owned or operated by the Government of Canada or the government of any other province or state but applies to motor vehicles owned and operated by the Government of Manitoba and the drivers of such motor vehicles.

Agreement with other governments

45(2)       Notwithstanding subsection (1), the corporation may negotiate and conclude an agreement with any government, therein excluded, to bring any and all motor vehicles belonging to or operated by such government on the highways of Manitoba within the operation of this Act.

Conferring of jurisdiction

46          Judges and court officers in Manitoba shall have jurisdiction to hear and determine claims between owners of motor vehicles, and owners and drivers of motor vehicles, for the payment as damages of the deductible amounts which are not insured under any plan of universal compulsory automobile insurance and in that event The Court of Queen's Bench Small Claims Practices Act shall apply with the necessary change.

S.M. 1990-91, c. 4, s. 5.

Application for insurance

47          All applicants for vehicle registration, permits,  certificates of registration, licences, driver's licences, motorcycle operator's licences, chauffeur's licences and instruction permits must apply for such a certificate of insurance as may be designated by regulation for the class or class subdivision of vehicle or driver in respect of which the vehicle or driver belongs.

S.M. 1994, c. 4, s. 37.

No vehicle registration without owner's certificate

48(1)       The registrar shall not issue a registration card for a motor vehicle or trailer unless the person applying for it

(a) has applied for the applicable owner's certificate for the motor vehicle or trailer; and

(b) has paid or made payment arrangements for the basic premium prescribed in the regulations.

No licence to be issued without a driver's certificate

48(2)       The registrar shall not issue a licence unless the person applying for it

(a) has applied for a driver's certificate for the licence; and

(b) has paid or made payment arrangements for the base driver premium and, subject to section 65, any additional driver premium prescribed in the regulations.

S.M. 2008, c. 36, s. 51.

Suspension

49          Any certificate of registration, registration card, permit, licence, driver's licence, chauffeur's licence, motorcycle operator's licence or instruction permit shall be suspended, revoked or cancelled upon the suspension, revocation or cancellation of a certificate of insurance relating thereto, and notice of the suspension, revocation or cancellation of a certificate of insurance shall be given to the registrar of The Highway Traffic and Motor Transport Board or The Taxicab Board of Greater Winnipeg, as the case may be, by the corporation forthwith.

Reports of accidents

50          Notwithstanding anything to the contrary in any Act, the Senior Officer in Manitoba of the Royal Canadian Mounted Police or the chief of police of a police service whose members have received reports, statements, particulars, or supplemental reports respecting an accident, under sections 155, 156, 157, 158 and 159 of The Highway Traffic Act shall, within 24 hours after the receipt of such reports, statements, particulars or supplemental reports mail or deliver a copy thereof to the corporation.

S.M. 2009, c. 32, s. 103.

Medical reports

51          Every duly qualified medical practitioner, chiropractor as defined in The Chiropractic Act; dentist as defined in The Dental Association Act, and the employees of every hospital as defined in The Hospitals Act attending to, diagnosing, treating, or being consulted by any person injured in a motor vehicle accident in Manitoba shall, upon being provided by the corporation with the written consent of the injured person, forthwith furnish to the corporation a report of the injuries, and the diagnosis and treatment thereof, in such form as the corporation may prescribe.

Reports from employers

52          Every employer of a person by, or in respect of whom benefits are claimed from the corporation shall, upon being provided by the corporation with the written consent of the person forthwith furnish to the corporation a statement of the person's earnings in such form as the corporation may prescribe.

53 to 55    [Repealed]

S.M. 2008, c. 36, s. 52.

Excess payment

56(1)       Where the corporation has paid out moneys in excess of the amount authorized by the regulations it may recover the amount in excess by action as a debt due to the corporation.

Deduction of unpaid premiums from moneys

56(2)       The corporation may deduct from any moneys payable to any person the amount of any unpaid premiums or any other debt owing by that person to the corporation.

57           [Repealed]

S.M. 2008, c. 36, s. 52.

Cancellation where motor vehicle operated contrary to laws

58          Where a motor vehicle or trailer designated in an owner's certificate is operated in another province, state or country when the motor vehicle or trailer is required by the law of that province, state or country to be registered or licensed in that province, state or country but is not registered or licensed, that owner's certificate shall be deemed to have been revoked at the time of the commencement of such operation.

Effect of cancellation of registration, etc.

59(1)       The suspension, revocation, cancellation, or surrender, under any law, of a registration card for a motor vehicle or trailer or the use or operation thereof issued under The Drivers and Vehicles Act, The Highway Traffic Act or The Taxicab Act automatically suspends, revokes, or cancels, as the case may be, the owner's certificate in which the motor vehicle or trailer is designated and that corresponds to that permit or licence.

Effect of cancellation of driver's licence, etc.

59(2)       The suspension, revocation, cancellation, or surrender, under any law, of a driver's licence, permit, or other authority to drive issued to a person under The Drivers and Vehicles Act or The Highway Traffic Act automatically suspends, revokes, or cancels, as the case may be, the driver's certificate in which that person is named and that corresponds to that licence, permit, or other authority to drive.

Surrender to judge

59(3)       The surrender of a licence or other permit to drive of any person to a judge, justice of the peace, or the registrar under any law shall automatically cancel the driver's certificate in which the person is named, provided that if the judge or justice of the peace, pursuant to the provisions of The Highway Traffic Act in that behalf, furnishes that person with a temporary permit or licence authorizing him to drive a motor vehicle, the cancellation shall not take effect until the temporary permit or licence has expired.

S.M. 2005, c. 37, Sch. A, s. 158; S.M. 2005, c. 8, s. 11.

Notification of convictions to corporation

60(1)       The Registrar shall notify the corporation of every violation report or conviction under any law regulating or purporting to regulate vehicular traffic, or in respect of the use or operation of a motor vehicle, that comes to his attention, of a driver of a motor vehicle, who is a resident of Manitoba.

Notifying corporation about suspensions and cancellations

60(2)       The registrar shall notify the corporation of every suspension or cancellation of a driver's licence or registration card.

60(3)       [Repealed] S.M. 2008, c. 36, s. 53.

S.M. 2008, c. 36, s. 53.

Payment constitutes release

61(1)       Where the corporation makes a payment on behalf of an insured under a plan or under a contract evidenced by a motor vehicle liability policy to a person who is or alleges himself to be entitled to recover from the insured covered by the plan or by the policy, the payment constitutes, to the extent of the payment, a release by the person or his personal representative of any claim that the person or his personal representative or any person claiming through or under him or by virtue of The Fatal Accidents Act may have against the insured and the corporation.

Corporation demanding release

61(2)       Nothing in this section precludes the corporation making the payment from demanding, as a condition precedent to such payment, a release from the person, or the personal representative of the person, or any other person to the extent of the payment.

Judgment without reference to payment

61(3)       Where the person commences an action the court shall adjudicate upon the matter first without reference to the payment, but in giving judgment the payment shall be taken into account, and the person shall be entitled to a judgment only for the net amount, if any.

Disclosure of payment

61(4)       The intention of this section is to permit payments to a claimant without prejudice to the defendant or the corporation, either as an admission of liability or otherwise, and the fact of any payment shall not be disclosed to the judge or jury until after judgment, but before formal entry thereof.

Payments to infants

62          Payments of benefits or insurance moneys for or on behalf of infants may be made to the Public Guardian and Trustee, to be administered as he considers advisable, and he may make arrangements with other persons, societies, or agencies for this purpose.

S.M. 1998, c. 36, s. 133; S.M. 2013, c. 46, s. 46.

Offences

63(1)       Any person who violates, contravenes, or disobeys or refuses, omits, neglects, or fails to observe, obey or comply with subsection 6(5), sections 51 and 52 is guilty of an offence and liable on summary conviction to a fine not less than $25. and not more than $500.

Offences

63(2)       Any person who uses or causes, permits or suffers any other person to use an uninsured motor vehicle upon a highway in Manitoba is guilty of an offence and liable on summary conviction to a fine not less than $100. and not more than $500.

Court's determination about certain issues conclusive

64          Where the liability of a driver of a motor vehicle for loss or damage has been an issue before a court of competent jurisdiction, the order, decision or judgment of the court that finally concludes and determines the issue shall be conclusive:

(a) of the amount of loss or damage;

(b) as to whether the loss or damage was caused by fault on the part of the driver of the motor vehicle;

(c) of the degree to which the driver of the motor vehicle was at fault; and

(d) of the extent of the liability for the loss or damage of the driver of the motor vehicle.

S.M. 2008, c. 36, s. 54.

Protesting an additional driver premium

65(1)       If the applicant for a driver's certificate believes that an additional driver premium assessed in respect of the certificate was assessed on an incorrect record of input factors other than at-fault claims, the applicant may protest the additional driver premium either in person or by letter addressed to the corporation.

Review by the corporation

65(2)       After it receives a protest under subsection (1), the corporation shall review the assessment of the additional premium.

Corporation's finding after review

65(3)       If after reviewing the assessment the corporation finds

(a) that the additional driver premium was assessed on an incorrect record of one or more input factors, other than at-fault claims, it shall reduce or cancel the additional driver premium; or

(b) that the additional driver premium was assessed correctly, it shall confirm the additional driver premium.

The corporation shall notify the applicant by registered letter about the result of the review.

Appeal of additional driver premium

65(4)       The applicant for a driver's certificate may appeal his or her additional driver premium to the Rates Appeal Board, but only on the following grounds:

(a) that the additional driver premium is unduly harsh;

(b) that the additional driver premium was assessed on an incorrect record of input factors, other than at-fault claims.

Applicant must protest before appealing under clause (4)(b)

65(4.1)     An applicant may appeal under clause (4)(b) only after he or she protests the additional driver premium under subsection (1) and receives the results of the corporation's review.

How to make an appeal

65(5)       To appeal under subsection (4), the applicant must

(a) file with the corporation

(i) a written notice of appeal in the form required by the corporation, and

(ii) his or her application for the driver's certificate in respect of which the additional driver premium was assessed; and

(b) pay to the corporation

(i) the base driver premium for the driver's certificate and an appeal fee of $10., and

(ii) if the appeal is under clause (4)(b), the portion of the additional driver premium that does not relate to the input factors that are the subject of the appeal.

Applying for a temporary driver's licence

65(6)       An applicant who has appealed the assessment of an additional driver premium and complied with subsection (5) may apply for a temporary driver's licence pending the outcome of the appeal.

Issuing a temporary driver's licence

65(6.1)     Unless the applicant is disqualified from holding a driver's licence, or his or her previous driver's licence was suspended or cancelled, for a reason other than non-payment of the additional driver premium, the corporation shall authorize the registrar to issue a temporary driver's licence that is valid for not more than 45 days.

Cancelling or extending temporary driver's licence

65(6.2)     The corporation or the Rates Appeal Board may extend the period of validity of a temporary driver's licence issued under subsection (6.1), but only until the appeal is decided.  The Rates Appeal Board may cancel the temporary licence after it has decided the appeal.

Transmission of documents to the Rates Appeal Board

65(7)       Where the corporation receives a notice of appeal under subsection (5), it shall send to the Rates Appeal Board a copy of the notice of appeal together with a statement and copies of all documents in its possession or control touching upon matters in issue; and copies of the statement and the documents shall be made available by the corporation to the applicant upon demand.

Time and place of hearing

65(8)       After receiving the notice of appeal, the Rates Appeal Board shall appoint a time and place for hearing the appeal and shall

(a) notify the applicant about the time and place by registered letter sent to the applicant's address set out in the notice of appeal; and

(b) notify the corporation about the time and place.

The appointed time shall not be sooner than 10 days or later than 20 days after the date the registered letter is mailed to the applicant.

Hearing of appeal and powers of the board

65(9)       In hearing the appeal, the Rates Appeal Board shall consider the evidence and material submitted by the appellant and the corporation, and in its decision it may,

(a) if the appeal is under clause (4)(a), confirm, reduce or cancel the additional driver premium; and

(b) if the appeal is under clause (4)(b), confirm the record of input factors or order the corporation to remove from the applicant's driver safety record an input factor that it finds was incorrectly recorded.

Decision of board

65(10)      The decision of the Rates Appeal Board shall be transmitted by the board to the corporation and the applicant, and binds the corporation and the applicant.

Refund of appeal fee

65(11)      Where, on an appeal to the Rates Appeal Board, the additional driver premium is reduced or rescinded, the corporation shall refund the appeal fee of $10. to the applicant.

Additional costs

65(12)      Where, on an appeal to the Rates Appeal Board, the additional driver premium is confirmed or increased, the applicant is liable for costs of the appeal in the additional sum of $25. which shall be paid as a debt due by the applicant to the corporation, and the corporation shall not issue a driver's certificate or owner's certificate, as the case may be, to the applicant until the additional costs are paid.

Exclusive jurisdiction

65(13)      The Rates Appeal Board has exclusive jurisdiction to hear and determine all appeals respecting additional driver premiums, and the decision of the Rates Appeal Board shall be final and there is no appeal from that decision.

Proof of certain matters

65(14)      In any proceeding under this section, the statement and documents to which reference is made in subsection (7) shall be received by the Rates Appeal Board under this section and is admissible as prima facie proof of the matters stated or contained therein; and it is not necessary to prove the signature, office or authority of the person purporting to sign the statement or document.

S.M. 1990-91, c. 4, s. 5; S.M. 2008, c. 36, s. 55.

Continuing to pay adjusted additional driver premium

65.1(1)     If the Rates Appeal Board reduces an applicant's additional driver premium, the applicant must pay the resulting adjusted additional driver premium

(a) for the driver's certificate he or she originally applied for; and

(b) for any subsequent drivers' certificates that he or she applies for until

(i) the day the additional driver premium assessed on the basis of the person's driver safety rating from time to time becomes less than the adjusted additional driver premium, or

(ii) the day the corporation assesses an additional driver premium based on one or more input factors recorded in the person's driver record after the date of the assessment that was appealed to the Rates Appeal Board,

whichever occurs first.

No appeal of adjusted additional driver premium

65.1(2)     The applicant may not appeal the adjusted additional driver premium that he or she is required to pay by clause (1)(b).

Application of section 65 re new assessment

65.1(3)     For greater certainty, section 65 applies in respect of an additional driver premium referred to in subclause (1)(b)(i) or (ii).

S.M. 2008, c. 36, s. 56.

66          [Repealed]

S.M. 2008, c. 36, s. 57.

Rates Appeal Board

67(1)       There shall be a Rates Appeal Board consisting of one or more members appointed by the Lieutenant Governor in Council, one of whom may be designated by the Lieutenant Governor in Council as chairman.

Documents of board

67(2)       All orders, notices and other documents of or issued by the Rates Appeal Board shall be signed by the chairman, or, in the event of the absence or inability to act of the chairman, or if there is no chairman, by any other member of the board; and, when so signed, shall have like effect as if signed by the chairman.

Authority of members of board to act

67(3)       Where a member of the Rates Appeal Board is absent or unable to act, or there is a vacancy in the board, the remaining member or members may exercise the powers of the board.

One member may sit

67(4)       The jurisdiction of the Rates Appeal Board may be exercised by one member sitting in the region assigned to him by the chairman and the decision of that member is the decision of the Rates Appeal Board, but the decision of a single member may be reviewed by the Rates Appeal Board.

Reimbursement of expenses

67(5)       The members of the Rates Appeal Board shall be reimbursed for any reasonable travelling and living expenses incurred by them in carrying out their duties, and, in addition any member may be paid such remuneration as the Lieutenant Governor in Council may order.

The Corporations Act

68          Except as provided in this Act, The Corporations Act does not apply to the corporation, but the Lieutenant Governor in Council may, by order, direct that The Corporations Act or any provision thereof applies to the corporation and thereafter that provision applies to the corporation.

Certain sections not to apply to insurance under clause 6(1)(c)

69          Subsections 1(2) and (3), 6(3) to (5); sections 18, 23, 24, 26, 35 to 42, 45, 47 to 61, and 64 do not apply to the business of any class of insurance that the corporation may be authorized to engage in and carry on pursuant to clause 6(1)(c).

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 »)

S.M. 2014, c. 15, s. 6.

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.

S.M. 2014, c. 15, s. 6.

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.

S.M. 2014, c. 15, s. 6.

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.

S.M. 2014, c. 15, s. 6.

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.

S.M. 2014, c. 15, s. 6.

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.

S.M. 2014, c. 15, s. 6.

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.

S.M. 2014, c. 15, s. 6.

PART 2

UNIVERSAL BODILY INJURY COMPENSATION

Definitions

70(1)       In this Part,

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

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

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

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

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

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

"catastrophic injury" means a catastrophic injury within the meaning of Schedule 4; (« lésion catastrophique »)

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

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

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

"common-law partner" of a victim means

(a) a person who, with the victim, registered a common-law relationship under section 13.1 of The Vital Statistics Act, who was cohabiting with the victim immediately preceding the accident, or

(b) a person who, not being married to the victim, cohabited with him or her in a conjugal relationship

(i) for a period of at least three years immediately preceding the accident, or

(ii) for a period of at least one year immediately preceding the accident and they are together the parents of a child; (« conjoint de fait »)

"dependant" means

(a) the spouse,

(a.1) the common-law partner,

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

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

(d) a child of the victim

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

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

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

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

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

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

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

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

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

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

"prescribed" means prescribed by a regulation made under this Act; (version anglaise seulement)

"spouse" means the person who, at the time of the accident, is married to and cohabiting with the victim; (« conjoint »)

"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 »)

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

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

Meaning of "industrial average wage"

70(2)       In this Part, "industrial average wage" means the industrial aggregate average weekly earnings for all employees for Manitoba as published monthly by Statistics Canada except where

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

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

in which case the corporation shall by regulation determine an amount that in its opinion represents the industrial average wage for Manitoba for that month and, under clause (b), for each month remaining in that year.

S.M. 1993, c. 36, s. 5; S.M. 2001, c. 37, s. 8; S.M. 2002, c. 48, s. 20; S.M. 2009, c. 36, s. 2; S.M. 2014, c. 15, s. 7.

DIVISION 1

GENERAL PROVISIONS

Application of Part 2

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

Bodily injury to which Part 2 does not apply

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

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

(b) the result of an accident that is caused by 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.

S.M. 1993, c. 36, s. 5; S.M. 1994, c. 4, s. 37; S.M. 2005, c. 37, Sch. A, s. 158; S.M. 2014, c. 15, s. 8.

No tort actions

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

S.M. 1993, c. 36, s. 5.

No-fault system

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

S.M. 1993, c. 36, s. 5.

Victim resident in Manitoba entitled to compensation

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

Owner, driver, passenger are deemed residents

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

S.M. 1993, c. 36, s. 5.

Entitlement of non-resident re accident in Manitoba

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

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

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

Court to determine responsibility

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

S.M. 1993, c. 36, s. 5.

Entitlement of resident of Manitoba re accident outside Manitoba

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

Subrogation re accident outside Manitoba

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

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

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

S.M. 1993, c. 36, s. 5.

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).

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 9.

Entitlement to recover from non-residents under other Acts

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 1996, c. 64, s. 12; S.M. 1998, c. 44, s. 51.

No compensation to victim who intends accident

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

No compensation to claimant causing bodily injury

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

Death benefit to be reduced

79(2.1)     If a person claiming a lump sum indemnity under Division 3 is convicted, in connection with the accident for which the indemnity is payable, of an offence referred to in subsection 161(1), the corporation shall determine the extent to which the claimant was responsible for the accident, and the lump sum indemnity otherwise payable to him or her under that Division shall be reduced by the amount determined by the following formula:

Reduction = I x D x R/50%

In this formula,

I

is the amount of the indemnity otherwise payable to the claimant under Division 3;

D

is

(a) 100% if the claimant has no dependants when the indemnity becomes payable,

(b) 80% if the claimant has one dependant when the indemnity becomes payable,

(c) 60% if the claimant has two dependants when the indemnity becomes payable,

(d) 40% if the claimant has three dependants when the indemnity becomes payable, or

(e) 20% if the claimant has four or more dependants when the indemnity becomes payable; and

R

is the lesser of 50% and the percentage of responsibility attributed to the claimant by the corporation.

Appeal of corporation's decision

79(3)       Notwithstanding sections 72 (no tort claims), 172 (review) and 174 (appeal), a victim or a dependant of a victim who disagrees with the corporation's decision under subsection (1), (2) or (2.1) may appeal the decision to the court within 180 days after receiving written notice of the decision from the corporation.

S.M. 1993, c. 36, s. 5; S.M. 1994, c. 20, s. 16; S.M. 2004, c. 12, s. 2.

Certain provisions in Part 1 not applicable

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

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

(b) section 22 (relief from forfeiture);

(c) section 23 (proof of intoxication);

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

(e) section 26 (subrogation);

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

(g) section 34 (limitation of actions);

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

(i) section 37 (forfeiture);

(j) section 38 (reduction of liability);

(k) section 39 (uninsured motor vehicle);

(l) section 40 (third party rights);

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

(n) section 42 (unnamed insured);

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

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

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

(r) section 61 (release);

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

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 10.

DIVISION 2

INCOME REPLACEMENT INDEMNITY,  INDEMNITIES FOR STUDENTS AND MINORS AND RETIREMENT INCOME

SUBDIVISION 1

ENTITLEMENT

Full-Time Earners

Entitlement to I.R.I.

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

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

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

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

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

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

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

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

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

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

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 2008, c. 42, s. 80.

I.R.I. based on more remunerative employment

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

Employment to be compatible with earner's ability

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

S.M. 1993, c. 36, s. 5.

Temporary Earners and Part-Time Earners

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

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

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

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

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

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

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

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

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

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

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 2008, c. 42, s. 80.

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

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

Where victim held several employments

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

Determination of I.R.I.

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

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

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

(c) the regulations.

Care expenses

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

S.M. 1993, c. 36, s. 5.

Non-Earners

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

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

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

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

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

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

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

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

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

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 2008, c. 42, s. 80.

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

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

Determination of I.R.I.

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

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

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

(c) the regulations.

S.M. 1993, c. 36, s. 5.

Students

Interpretation of sections 87 to 92

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

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

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

"secondary level" means grades 9 to 12. (« niveau secondaire »)

Student at secondary, post-secondary institution

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

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 11.

Student entitled to fixed indemnity

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

Amount of indemnity

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

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

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

Pro-rating where secondary school year divided

88(3)       In a case where a school year at the secondary level is divided into semesters or terms, a pro-rated amount of the indemnity set out in clause (2)(a) is payable for each semester or term not completed, to a maximum of $6,300. for each school year not completed.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 3.

Entitlement to I.R.I.

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

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

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

Determination of I.R.I.

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

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

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

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

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

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 2008, c. 42, s. 80.

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

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

Determination of I.R.I.

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

S.M. 1993, c. 36, s. 5.

Indemnity for student able to begin or resume studies

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

Amount of indemnity

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

(a) until the scheduled day, an indemnity of

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

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

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

Amount of indemnity after scheduled end of studies

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

Pro-rating where secondary school year divided

91(4)       In a case where a school year at the secondary level is divided into semesters or terms, a pro-rated amount of the indemnity set out in subclause (2)(a)(i) is payable for each semester or term not completed, to a maximum of $6,300. for each school year not completed.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 4.

Student entitled to greater I.R.I.

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

S.M. 1993, c. 36, s. 5.

Minors

Interpretation of sections 94 to 98

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

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 12.

Minor entitled to fixed indemnity

94          A minor is entitled to an indemnity from the time the minor is unable to begin or continue studies at an educational institution because of the accident until not later than the end of the school year in which the minor reaches 18 years of age, in the following amounts:

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

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

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 13.

Entitlement to I.R.I.

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

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

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

Determination of I.R.I.

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

(a) under clause (1)(a),

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

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

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

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 2008, c. 42, s. 80.

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

96(1)       A minor who, from the end of the school year in which he or she reaches 18 years of age, is unable because of the accident to begin or to continue his or her studies and to hold employment is entitled to an income replacement indemnity for such time as the minor remains unable to hold employment because of the accident.

Determination of I.R.I.

96(2)       The corporation shall determine the income replacement indemnity on the basis of a gross income equal to a yearly average computed on the basis of the industrial average wage for each of the 12 months preceding July 1 of the year before the end of the school year during which the minor reaches 18 years of age.

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 13.

Indemnity for minor able to begin or resume studies

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

Amount of indemnity

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

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

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

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

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

Amount of indemnity after scheduled end of studies

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

S.M. 1993, c. 36, s. 5.

Minor entitled to greater I.R.I.

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

S.M. 1993, c. 36, s. 5.

99          [Repealed]

S.M. 1993, c. 36, s. 5; S.M. 1994, c. 20, s. 16; S.M. 1998, c. 46, s. 5.

100         [Repealed]

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 5.

Retirement Income and Victims Aged 65 or Older at Time of Accident

No entitlement for unemployed victim 65 years or older

101         Notwithstanding any other provision of this Part, a victim who, on the day of the accident, is 65 years of age or older and does not hold employment is not entitled to an income replacement indemnity or a retirement income.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 6.

Income replacement indemnity ceases at age 65 or after five years

102         A victim who is receiving an income replacement indemnity ceases to be entitled to receive the income replacement indemnity on the first June 30 following the later of

(a) the day the victim reaches his or her 65th birthday; and

(b) the day that is five years after the day on which his or her entitlement to receive the income replacement indemnity commenced.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 6; S.M. 2014, c. 15, s. 14.

Retirement income after age 65

103(1)      On ceasing to be entitled to receive an income replacement indemnity as set out in section 102, a victim is entitled to be paid a retirement income calculated and determined in the manner set out in the regulations for the remainder of his or her life.

Basic retirement income amount

103(2)      Subject to the regulations, a retirement income under this section is an amount equal to 70% of the net income of the victim as that net income was determined under section 112 to establish the amount of the victim's income replacement indemnity, less the amount of any other pension income to which the victim is entitled.

Transitional

103(3)      For greater certainty, a retirement income under this section is payable to qualified victims after March 1, 1999 whether the accident that results in the bodily injuries giving rise to the claim occurs before or after March 1, 1999.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 6.

Other sections apply

103.1        Sections 149, 153, 156 to 158, 160 to 168, 189, 190, 192 and 197 apply with such modifications as the circumstances require to a retirement income under section 103.

S.M. 1998, c. 46, s. 6.

104         [Repealed]

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 6.

Persons Incapable of Employment

No entitlement to I.R.I. or retirement income

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

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 7.

SUBDIVISION 2

DETERMINATION OF AN EMPLOYMENT FOR A VICTIM

Factors for determining an employment

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

Type of employment

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

S.M. 1993, c. 36, s. 5.

New determination after second anniversary of accident

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

S.M. 1993, c. 36, s. 5.

New determination for student or minor after end of current studies

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

S.M. 1993, c. 36, s. 5.

Considerations under section 107 or 108

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

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

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

(c) the regulations.

Type of employment

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

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

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

S.M. 1993, c. 36, s. 5.

Exception

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

S.M. 2014, c. 15, s. 15.

SUBDIVISION 3

EVENTS THAT END OR SUSPEND ENTITLEMENT TO INCOME REPLACEMENT INDEMNITY

Events that end entitlement to I.R.I.

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

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

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

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

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

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

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

(g) the victim dies.

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

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

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

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

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

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

Exception

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

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 17.

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.

S.M. 2014, c. 15, s. 18.

SUBDIVISION 4

DETERMINATION OF INDEMNITY

I.R.I. is 90% of net income

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

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

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

(a) the minimum wage established under The Employment Standards Code; and

(b) except in the case of a part-time employment, the standard hours of work set out in Division 2 (hours of work) of Part 2 of that Code, as they are on the day on which they are applied.

Minimum I.R.I. — catastrophic injuries

111(3)      Despite subsection (2), the income replacement indemnity of a victim who suffers a catastrophic injury shall not be less than the amount of an income replacement indemnity computed on the basis of a gross yearly employment income determined on the basis of the industrial average wage.

Exceptions — students and minors

111(4)      Subsection (3) does not apply to a person who is a student or a minor.

When I.R.I. payments begin re catastrophic injury

111(5)      Despite any other provision of this Division, an income replacement indemnity that is payable to a victim who has suffered a catastrophic injury because of an accident is payable to him or her beginning the eighth day after the accident.

Application of subsection (3) to part-time earners and non-earners

111(6)      If, but for subsection (3), a victim would be entitled — during the first 180 days after the accident — to a weekly indemnity under subsection 132(1) and an income replacement indemnity under subsection 83(1) or clause 85(1)(b), he or she is entitled to the greater of

(a) the indemnity under subsection (3); or

(b) the indemnity under subsection 132(1), plus the indemnity under subsection 83(1) or clause 85(1)(b);

but not to both.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 8; S.M. 1998, c. 29, s. 158; S.M. 2009, c. 36, s. 5.

Determination of net income

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

Date applicable for computation

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

S.M. 1993, c. 36, s. 5; S.M. 2008, c. 42, s. 80.

Deductions to include effect of dependants

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

S.M. 1993, c. 36, s. 5.

Maximum yearly insurable earnings for 1994

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

Maximum yearly insurable earnings for and from 1995

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

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

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

Rounding of sum

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

Statistics to be used

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

S.M. 1993, c. 36, s. 5.

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

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

S.M. 1993, c. 36, s. 5.

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

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

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

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

S.M. 1993, c. 36, s. 5.

Entitlement to I.R.I. after relapse

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

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

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

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

Victim entitled to greater I.R.I.

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

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

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

Relapse after more than two years

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

S.M. 1993, c. 36, s. 5.

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.

S.M. 2014, c. 15, s. 19.

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

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

S.M. 1993, c. 36, s. 5.

DIVISION 3

DEATH BENEFITS

Definitions

119(1)      In this Division,

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

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

Meaning of dependant, where victim unemployed

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

S.M. 1993, c. 36, s. 5.

Computing indemnity under schedules

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

Minimum indemnity

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

S.M. 1993, c. 36, s. 5; S.M. 2001, c. 37, s. 8.

Posthumous child of deceased victim

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

Lump sum indemnity to other dependant

121(2)      A dependant, other than the spouse or common-law partner, of a deceased victim is entitled to

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

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

S.M. 1993, c. 36, s. 5; S.M. 2001, c. 37, s. 8.

Dependant child of deceased victim with no spouse or common-law partner

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

S.M. 1993, c. 36, s. 5; S.M. 2001, c. 37, s. 8.

Entitlement of child and parent of deceased victim

123         Where a deceased victim has no dependant on the day he or she dies, each child and parent of the deceased victim, although not a dependant of the deceased victim, is entitled to a lump sum indemnity of $13,154.

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 20.

Reimbursement of funeral expenses

124(1)      The corporation shall reimburse the estate of a deceased victim for the actual cost of funeral expenses, including the cost of any grave marker, to a maximum of $6,000.

Effect of indexing between accident and death

124(2)      If, between the deceased victim's accident and his or her death, the maximum benefit set out in subsection (1) changes due to indexation under subsection 165(3), the maximum benefit payable under subsection (1) is the indexed amount.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 9; S.M. 2009, c. 36, s. 6.

Periodic instalments

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

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 10.

DIVISION 4

COMPENSATION FOR PERMANENT IMPAIRMENT

Meaning of "permanent impairment"

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

S.M. 1993, c. 36, s. 5.

Lump sum indemnity for permanent impairment

127(1)      Subject to this Division and the regulations, a victim who suffers permanent physical or mental impairment because of an accident is entitled to a lump sum indemnity of not less than $500. and not more than $100,000. for the permanent impairment.

Lump sum indemnity for catastrophic injury

127(2)      Subject to this Division and the regulations, a victim who suffers permanent physical or mental impairment because of a catastrophic injury resulting from an accident is entitled to a lump sum indemnity of $215,000. for the permanent impairment.

S.M. 1993, c. 36, s. 5; S.M. 2009, c. 36, s. 7.

Effect of death on compensation

128(1)      Compensation for a permanent impairment is not payable if, on or before the 89th day after the day of the accident, the victim dies of a cause related to the accident.

Compensation where victim dies of other cause

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

S.M. 1993, c. 36, s. 5; S.M. 2009, c. 36, s. 8.

Evaluation of permanent impairment under schedule

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

Evaluation of permanent impairment when victim dies

129(1.1)    If a victim dies before the degree of his or her permanent impairment has been determined, the corporation shall, unless subsection 128(1) applies, estimate the degree of his or her permanent impairment, taking into consideration the available medical information about the victim and any other information about the victim and his or her injuries that the corporation considers relevant.

Impairment not listed on schedule

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

S.M. 1993, c. 36, s. 5; S.M. 2009, c. 36, s. 9.

Computation of lump sum indemnity

130         The lump sum indemnity payable under section 127 for a permanent impairment, other than one resulting from a catastrophic injury, is an amount equal to the product obtained by multiplying the maximum amount applicable under subsection 127(1) on the day of the accident by the percentage determined for the permanent impairment.

S.M. 1993, c. 36, s. 5; S.M. 2009, c. 36, s. 10.

DIVISION 5

REIMBURSEMENT OF EXPENSES

Reimbursement of personal assistance expenses

131(1)      Subject to the regulations, the corporation shall reimburse a victim for expenses of not more than $3,000. per month relating to personal home assistance where the victim is unable because of the accident to care for himself or herself or to perform the essential activities of everyday life without assistance.

Reimbursement when injury is catastrophic

131(2)      If

(a) it is determined that the victim suffered a catastrophic injury because of the accident; and

(b) he or she is entitled to the maximum reimbursement amount under subsection (1), but incurs expenses in excess of that amount for personal home assistance that he or she requires, in accordance with a determination made under the regulations;

the reimbursement allowance under that subsection shall be increased by a maximum of $800. per month.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 11; S.M. 2009, c. 36, s. 11.

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

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

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

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

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

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

Duration of indemnity

132(2)      The victim shall receive the indemnity for as long as he or she is unable to care for the person referred to in subsection (1), but shall not receive the indemnity during any time that he or she is receiving an income replacement indemnity under clause 85(1)(a) or subsection 111(3).

When corporation is to adjust weekly indemnity

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 2009, c. 36, s. 12; S.M. 2014, c. 15, s. 21.

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

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

Corporation to provide victim with information

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

S.M. 1993, c. 36, s. 5.

Reimbursement of expenses for care of other person

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

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

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

(c) is a minor or student;

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

(e) is receiving an income replacement indemnity under subsection 111(3), even though he or she is a part-time earner or a non-earner.

Maximum amount of reimbursed expenses

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

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

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

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

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

Entitlement where victim has spouse or common-law partner

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

S.M. 1993, c. 36, s. 5; S.M. 2001, c. 37, s. 8; S.M. 2009, c. 36, s. 13; S.M. 2014, c. 15, s. 22.

Reimbursement of expenses re family enterprise

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

S.M. 1993, c. 36, s. 5.

Reimbursement of victim for various expenses

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

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

(b) the purchase of prostheses or orthopedic devices;

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

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

Reimbursement of expense paid by other person

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

S.M. 1993, c. 36, s. 5.

Expenses of person accompanying victim

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

S.M. 1993, c. 36, s. 5.

Payment of certain expenses for catastrophically injured victims

137.1(1)    In the circumstances set out in subsection (2), the corporation may, in its discretion, pay an expense for the benefit of a catastrophically injured victim that, but for this section, it would not be authorized to pay.  This is subject to subsection (4) and the regulations.

When expenses may be paid

137.1(2)    The corporation may exercise its discretion under this section in the following circumstances:

(a) if the victim has reached the limit of his or her entitlement, if any, for reimbursement of the type of expense under other provisions of this Part, and the corporation

(i) is in the course of exercising its authority under section 150.1 on the victim's behalf but he or she has not yet been able to access funding or a service, and

(ii) is satisfied that it is advisable to pay the expense before the victim has access to the funding or service;

(b) if the victim has reached the limit of his or her entitlement, if any, for reimbursement of the type of expense under other provisions of this Part, under The Health Services Insurance Act and under any other Act, but the corporation is satisfied that payment of the expense will reduce the total of any amounts payable to the victim or on the victim's behalf under this Part by an amount that is at least equal to the amount of the expense paid;

(c) if payment of the expense is not otherwise provided for in this Part, but the corporation is satisfied that payment of the expense will reduce the total of any amounts payable to the victim or on the victim's behalf under this Part by an amount that is at least equal to the amount of the expense paid.

Corporation's consent required

137.1(3)    The corporation is not liable to pay an expense under subsection (1) unless the victim obtains the corporation's consent before incurring the expense.

Lifetime maximum of $1,000,000.

137.1(4)    Despite subsection (1), the corporation shall not pay expenses on a victim's behalf under this section in excess of the total sum of $1,000,000. over the victim's lifetime.

S.M. 2009, c. 36, s. 14.

DIVISION 6

REHABILITATION

Corporation to assist in rehabilitation

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

S.M. 1993, c. 36, s. 5.

DIVISION 7

CLAIMS FOR COMPENSATION

Meaning of "practitioner"

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

S.M. 1993, c. 36, s. 5.

Application for compensation

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

S.M. 1993, c. 36, s. 5.

Time limitation for claim

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

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

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

Claim based on the death of a person

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

Claim by minor

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

Corporation may extend time

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

S.M. 1993, c. 36, s. 5.

Corporation to be provided with information

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

S.M. 1993, c. 36, s. 5.

Employer to provide proof of salary on request

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

If employer does not provide information

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

S.M. 1993, c. 36, s. 5.

Examination by practitioner chosen by claimant

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

Examination by practitioner chosen by corporation

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

Medical examination to be in accordance with regulations

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

S.M. 1993, c. 36, s. 5.

Transportation and lodging expenses

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

Allowance for person accompanying victim

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

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 12.

Report of examination

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

Corporation to provide copy of medical report

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

S.M. 1993, c. 36, s. 5.

Corporation may request medical report re accident

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

S.M. 1993, c. 36, s. 5.

Reimbursement of cost of medical report

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

S.M. 1993, c. 36, s. 5.

Claimant to advise of change in situation

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

S.M. 1993, c. 36, s. 5.

Corporation to advise and assist claimants

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

S.M. 1993, c. 36, s. 5.

Facilitation of claims re catastrophic injuries

150.1(1)    If a victim is determined to have suffered a catastrophic injury or it appears to the corporation that such a determination is probable, the corporation is authorized to co-ordinate and facilitate any processes that may be necessary to secure the victim's access to funding or services

(a) that are provided by departments or agencies of the Government of Manitoba, the Government of Canada or a local government; and

(b) to which he or she may be entitled under The Health Services Insurance Act or another Act.

Co-operation of other agencies and organizations

150.1(2)    A department or agency referred to in subsection (1) must co-operate with the corporation in co-ordinating and facilitating the victim's access to the funding or services.

S.M. 2009, c. 36, s. 15.

Disclosure of documents to claimant

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

Exempt information

151(2)      Subsection (1) does not apply to information that is excepted from disclosure under Division 3 or 4 of Part 2 of The Freedom of Information and Protection of Privacy Act.

S.M. 1993, c. 36, s. 5; S.M. 1997, c. 50, s. 93.

DIVISION 8

PAYMENT OF INDEMNITIES

I.R.I. to be paid every 14 days

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

Waiting period before first I.R.I. payment

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

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

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

Payment of indemnity to student or minor

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

Payment of indemnity to student or minor

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

S.M. 1993, c. 36, s. 5.

Corporation may pay indemnity based on application

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

Amounts paid are not recoverable

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

S.M. 1993, c. 36, s. 5.

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

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

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

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

S.M. 1993, c. 36, s. 5.

Reimbursement of expenses in instalments

155(1)      The corporation shall, at the request of the victim, reimburse expenses that are payable under Division 5 or 6 in one or more instalments of equal or approximately equal value.

Victim may request payment to other person

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

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 13.

Payment to estate

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

S.M. 1993, c. 36, s. 5.

Payment not suspended by review or appeal

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

S.M. 1993, c. 36, s. 5.

Payment to committee under Mental Health Act

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

Payment of indemnity or reimbursement for minor

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

158(3)      [Repealed] S.M. 1996, c. 11, s. 2.

S.M. 1993, c. 36, s. 5; S.M. 1996, c. 11, s. 2; S.M. 1998, c. 36, s. 133.

Compensation other than I.R.I. and retirement income not subject to seizure

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

Compensation other than I.R.I. and retirement income may not be assigned

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

I.R.I. and retirement income deemed to be wages

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

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 14.

Corporation may refuse or terminate compensation

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

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

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

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

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

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

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 23.

Reduction of indemnity where victim convicted under Criminal Code

161(1)      An indemnity to which a victim is entitled under Division 2 or 4 shall be reduced if the victim is, in respect of the accident, convicted under any of the following provisions of the Criminal Code (Canada):

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

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

(c) section 236 (manslaughter);

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

(d.1) to (d.4)  [repealed] S.M. 2011, c. 21, s. 2;

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

(f) subsection 253(1) (operating a motor vehicle while impaired), subsection 255(1) (operating a motor vehicle while impaired), subsection 255(2) (impaired driving causing bodily harm), subsection 255(2.1) (blood alcohol over .08 — causing bodily harm), subsection 255(2.2) (refuse to supply sample — causing bodily harm), subsection 255(3) (impaired driving causing death), subsection 255(3.1) (blood alcohol over .08 — causing death) or subsection 255(3.2) (refuse to supply sample — causing death);

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

(h) and (i) [repealed] S.M. 2011, c. 21, s. 2.

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

161(2)      An indemnity to which a victim is entitled under Division 2 or 4 shall be reduced if the victim is, in respect of the accident, convicted in a state or territory of the United States or the District of Columbia in the United States of an offence that is the same as, or similar to, an offence referred to in subsection (1).

Income replacement indemnity to be reduced

161(3)      The corporation shall determine the extent to which the victim was responsible for the accident, and the indemnity otherwise payable to him or her under Division 2 in the first 12 months after the accident shall be reduced by the amount determined by the following formula:

Reduction = I × D × R/50%

In this formula,

I

is the amount of the indemnity otherwise payable to the victim under Division 2 in the first 12 months after the accident;

D

is

(a) 100% if the victim has no dependants when the indemnity becomes payable,

(b) 80% if the victim has one dependant when the indemnity becomes payable,

(c) 60% if the victim has two dependants when the indemnity becomes payable,

(d) 40% if the victim has three dependants when the indemnity becomes payable, or

(e) 20% if the victim has four or more dependants when the indemnity becomes payable; and

R

is the lesser of 50% and the percentage of responsibility attributed to the victim by the corporation.

Compensation for permanent impairment to be reduced

161(3.1)    The corporation shall determine the extent to which the victim was responsible for the accident, and the lump sum indemnity otherwise payable to him or her under Division 4 shall be reduced by the amount determined by the following formula:

Reduction = I × R/50%

In this formula,

I

is the amount of the indemnity that would otherwise be payable to the victim under Division 4; and

R

is the lesser of 50% and the percentage of responsibility attributed to the victim by the corporation.

Victim may appeal to court

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

S.M. 1993, c. 36, s. 5; S.M. 2004, c. 12, s. 3; S.M. 2009, c. 9, s. 6; S.M. 2011, c. 21, s. 2.

No compensation for certain criminal conduct

161.1(1)    If a victim is convicted of an offence described in subsection (3) in respect of the accident for which he or she is receiving compensation under this Part, the corporation

(a) must terminate the victim's compensation in respect of the accident; and

(b) despite sections 153, 190 and 191, is entitled to reimbursement of any amount that has been paid to or in respect of the victim.

Application

161.1(2)    Subsections 189(2) and (3) and section 193 apply to the recovery of the amount to which the corporation is entitled to be reimbursed under clause (1)(b).

Offences

161.1(3)    Under subsection (1), the corporation must terminate compensation and is entitled to be reimbursed if the victim

(a) is convicted under any of the following provisions of the Criminal Code (Canada):

(i) section 249.1 (flight from police officer),

(ii) section 249.2 (criminal negligence causing death while street racing),

(iii) section 249.3 (criminal negligence causing bodily harm while street racing),

(iv) subsection 249.4(1) (dangerous operation while street racing), subsection 249.4(3) (dangerous operation causing bodily harm while street racing) or subsection 249.4(4) (dangerous operation causing death while street racing),

(v) subsection 333.1(1) (motor vehicle theft),

(vi) section 334 (theft), where the property stolen is a motor vehicle,

(vii) subsection 335(1) (take motor vehicle without consent); or

(b) is convicted in a state or territory of the United States or the District of Columbia in the United States of an offence that is the same as, or similar to, an offence referred to in clause (a).

S.M. 2011, c. 21, s. 3.

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

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

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

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

S.M. 1993, c. 36, s. 5.

Successful applicant is entitled to interest

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

S.M. 1993, c. 36, s. 5.

DIVISION 9

INDEXATION

Definition of "year"

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

Meaning of "consumer price index"

164(2)      In this Division, "consumer price index" means the "all-items" Consumer Price Index for Manitoba as published monthly by Statistics Canada except where

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

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

in which case the corporation shall by regulation determine an amount that in its opinion represents the consumer price index for Manitoba for that month and, under clause (b), for each month remaining in the year.

S.M. 1993, c. 36, s. 5.

Adjustment of gross annual income on anniversary of day of accident

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

Annual adjustment of retirement income benefit

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

Annual adjustment of gross annual income fixed under section 106

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

Adjustment of other amounts on March 1

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

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

(b) in Schedule 3;

shall be adjusted on March 1 of each year.

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 24.

Adjustment is based on C.P.I.

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

Determination of C.P.I. for a year

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

Two decimals in monthly average

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

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

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

Rounding of adjusted amount to nearest dollar

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

S.M. 1993, c. 36, s. 5.

Cap of 6% on adjustment

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

Cap may be increased by regulation

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

S.M. 1993, c. 36, s. 5.

Private insurance scheme not affected by adjustment

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

S.M. 1993, c. 36, s. 5.

DIVISION 10

JURISDICTION OF THE CORPORATION, REVIEW AND APPEAL

SUBDIVISION 1

JURISDICTION OF THE CORPORATION

Jurisdiction of the corporation

169(1)      Subject to subsection 196(2) (appeal under this Part or Workers Compensation Act), the corporation has exclusive jurisdiction

(a) to decide any matter related to compensation under this Part; and

(b) to review any such decision, unless the decision is about a matter under section 137.1.

Corporation may delegate its powers

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

S.M. 1993, c. 36, s. 5; S.M. 2009, c. 36, s. 16.

Corporation to give written reasons to claimant

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

Claimant to be given notice of right to review

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

Non-application of subsection (2)

170(2.1)    Subsection (2) does not apply if the decision is about a matter under section 137.1.

Claimant to be given notice of right to appeal

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

S.M. 1993, c. 36, s. 5; S.M. 2009, c. 36, s. 17.

Corporation may reconsider new information

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

Claims corporation may reconsider before application for review or appeal

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

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

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

S.M. 1993, c. 36, s. 5.

SUBDIVISION 2

REVIEW AND APPEAL

Application for review of claim by corporation

172(1)      Except as provided in subsection (1.1), a claimant may, within 60 days after receiving notice of a decision under this Part, apply in writing to the corporation for a review of the decision.

Non-application to decisions under section 137.1

172(1.1)    Subsection (1) does not apply if the decision is about a matter under section 137.1.

Corporation may extend time

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

Response within 30 days

172(3)      The corporation shall respond to the claimant within 30 days after receiving an application for review.

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 15; S.M. 2009, c. 36, s. 18.

Powers of the corporation on review

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

Corporation to give written reasons

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

S.M. 1993, c. 36, s. 5.

Appeal from review decision

174(1)      A claimant may, within 90 days after receiving notice of a review decision by the corporation or within such further time as the commission may allow, appeal the review decision to the commission.

Requirements for appeal

174(2)      An appeal of a review decision must be made in writing and must include the claimant's mailing address.

S.M. 1993, c. 36, s. 5; S.M. 2005, c. 21, s. 2.

Claimant Advisers

Claimant adviser office established

174.1(1)    The claimant adviser office is established.

Appointing claimant advisers

174.1(2)    Claimant advisers and other staff of the claimant adviser office must be appointed and employed by the government under The Civil Service Act, and are not employees of the corporation.

S.M. 2004, c. 3, s. 2.

Claimant may request assistance

174.2(1)    A claimant may request that a claimant adviser provide assistance as set out in this section or the regulations.

Claimant adviser may assist

174.2(2)    A claimant adviser may assist a claimant in appealing a review decision to the commission by

(a) advising him or her about the meaning and effect of the provisions of this Act, the regulations and decisions made under this Act;

(b) carrying out an investigation or inspection, including obtaining an expert opinion, respecting his or her claim; and

(c) communicating with or appearing before the commission on his or her behalf.

Disclosure of documents to claimant adviser

174.2(3)    A claimant adviser, when authorized by a claimant, has the same right as the claimant under section 151.

Section 199 applies

174.2(4)    Section 199 applies, with necessary changes, to claimant advisers and all other staff and agents of the claimant adviser office.

Regulations respecting claimant advisers

174.2(5)    The minister responsible for the claimant adviser office may make regulations prescribing additional duties to be performed by claimant advisers.

S.M. 2004, c. 3, s. 2; S.M. 2008, c. 42, s. 80.

Costs to be paid out of Consolidated Fund

174.3(1)    The salaries of claimant advisers and staff, and all costs incurred in connection with the claimant adviser office, shall be paid out of the Consolidated Fund.

Corporation to pay costs into Consolidated Fund

174.3(2)    At the beginning of each quarter of a fiscal year, the minister responsible for the claimant adviser office must present the corporation with a statement of account that sets out the amount of salaries of claimant advisers and staff and all other costs incurred in connection with the claimant adviser office for the quarter just ended. The corporation must pay the total amount set out on the statement of account into the Consolidated Fund.

S.M. 2004, c. 3, s. 2; S.M. 2008, c. 42, s. 80.

Minister not to be the same

174.4       The minister responsible for the claimant adviser office must not be the same minister that the corporation reports to under subsection 2(13).

S.M. 2004, c. 3, s. 2; S.M. 2008, c. 42, s. 80.

Appeals to the Commission

Automobile Injury Compensation Appeal Commission established

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

S.M. 1993, c. 36, s. 5.

No appeal of decision under section 137.1

175.1       A decision by the corporation about any matter under section 137.1 may not be appealed by the claimant to the commission.

S.M. 2009, c. 36, s. 19.

Appointment of chief commissioner and other commissioners

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

Powers of deputy chief commissioner

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

Term of chief commissioner

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

Term of other commissioners

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

Termination only for cause

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

Full-time, part-time or sessional basis

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

Completion of proceedings

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

Oath of office

176(8)      Before assuming office, a commissioner shall take and subscribe to an oath or affirmation as determined by the minister responsible for the commission.

S.M. 1993, c. 36, s. 5; S.M. 2004, c. 42, s. 78; S.M. 2008, c. 42, s. 80.

Commission's costs to be paid out of Consolidated Fund

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

Corporation to pay fixed costs into Consolidated Fund

177(2)      At the beginning of each quarter of a fiscal year, the commission must present the corporation with a statement of account that sets out the salaries, expenses and other costs of its operations in the quarter just ended, other than the costs referred to in subsection (3). The corporation must pay the total amount set out on the statement of account into the Consolidated Fund.

Corporation to pay variable costs into C.F.

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

S.M. 1993, c. 36, s. 5; S.M. 1997, c. 23, s. 2; S.M. 2008, c. 42, s. 80.

Single commissioner or panel to hear appeal

178(1)      An appeal may be heard by a single commissioner or by a panel of three commissioners.

Assigning commissioners

178(2)      The chief commissioner is responsible for assigning commissioners to hear appeals.  When assigning a panel of commissioners, the chief commissioner must designate one of them as the chairperson.

S.M. 1993, c. 36, s. 5; S.M. 2005, c. 21, s. 3.

Assigned commissioners to be present

179(1)      A hearing must not proceed unless the commissioner or commissioners assigned to hear it are present.

Decision of a panel

179(2)      For an appeal heard by a panel, the decision of the majority of the panel is the decision of the commission.  If there is not a majority, the decision of the chairperson of the panel is the decision of the commission.

S.M. 1993, c. 36, s. 5; S.M. 2005, c. 21, s. 3.

Chief commissioner's annual report

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

Tabling of annual report by minister

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

S.M. 1993, c. 36, s. 5; S.M. 2004, c. 42, s. 78; S.M. 2008, c. 42, s. 80.

Minister not to be the same

180.1       The minister responsible for the commission must not be the same minister that the corporation reports to under subsection 2(13).

S.M. 2008, c. 42, s. 80.

Corporation to provide information

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

S.M. 1993, c. 36, s. 5.

Hearing of appeal by commission

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

Commission to give notice of hearing

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

Commission to determine its practice and procedure

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

Hearing may be conducted orally or in writing

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

Public hearings

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

S.M. 1993, c. 36, s. 5.

Powers under Part V of Evidence Act

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

Commission not bound by rules of evidence

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

Commission may adopt findings of fact

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

Commission may carry out investigation

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

Commission to advise parties of information considered

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

Right of parties to examine filed material

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

Effect of lack of formality in proceedings

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

S.M. 1993, c. 36, s. 5.

Powers of commission on appeal

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

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

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

Commission to give copy of decision to parties

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

Party may request written reasons

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

S.M. 1993, c. 36, s. 5.

How notices and orders may be given to appellant

184.1(1)    Under sections 182 and 184, a notice of a hearing, a copy of a decision or a copy of the reasons for a decision must be given to an appellant

(a) personally; or

(b) by sending the notice, decision or reasons by regular lettermail to the address provided by him or her under subsection 174(2), or if he or she has provided another address in writing to the commission, to that other address.

When mailed notice received

184.1(2)    A notice, a copy of a decision or a copy of reasons sent by regular lettermail under clause (1)(b) is deemed to be received on the fifth day after the day of mailing, unless the person to whom it is sent establishes that, acting in good faith, he or she did not receive it, or did not receive it until a later date, because of absence, accident, illness or other cause beyond that person's control.

S.M. 2005, c. 21, s. 4.

Commission to compile record of hearing

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

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

(b) the notice of appeal to the commission;

(c) the notice of hearing by the commission;

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

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

S.M. 1993, c. 36, s. 5.

Appeal to Court of Appeal by Stated Case

Commission may state case to Court of Appeal

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

Decision of Court of Appeal

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

Proceeding or decision not stayed by appeal

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

Parties entitled to be heard

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

Costs not to be awarded

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

S.M. 1993, c. 36, s. 5.

Appeal to Court of Appeal on Question of Law or Jurisdiction

Appeal to Court of Appeal

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

Appeal with leave

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

Application for leave to appeal

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

Commission entitled to be heard

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

Order of commission stayed

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

Powers of Court on appeal

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

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

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

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

S.M. 1993, c. 36, s. 5.

Decisions not subject to appeal to court

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

S.M. 1993, c. 36, s. 5.

DIVISION 11

RECOVERY OF COMPENSATION

Corporation to be reimbursed for excess payment

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

Time limitation for recovery of payment

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

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

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

(c) where the victim is convicted of an offence as provided for in section 161.1, within two years after the day of the conviction.

Cancellation or deduction of debt

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

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

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

Application for review or appeal does not affect deduction

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

S.M. 1993, c. 36, s. 5; S.M. 2011, c. 21, s. 4.

No reimbursement of amount paid before review or appeal

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

S.M. 1993, c. 36, s. 5.

No reimbursement of amount paid before reconsideration

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

S.M. 1993, c. 36, s. 5.

Reimbursement by person preventing subrogation or recovery

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

Limitation of action

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

Cancellation of debt

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

S.M. 1993, c. 36, s. 5; S.M. 2014, c. 15, s. 25.

Corporation may file certificate in court

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

S.M. 1993, c. 36, s. 5; S.M. 2000, c. 35, s. 19.

DIVISION 12

COMPENSATION UNDER OTHER ACTS OR PLANS

Claims under private insurance scheme not affected

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

S.M. 1993, c. 36, s. 5.

Election of compensation under this Part or Workers Compensation Act

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

Effect of election of compensation under W.C. Act

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

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

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

Effect of election under this Part

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

Corporation and Workers Compensation Board to make agreement

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

S.M. 1993, c. 36, s. 5.

Where person entitled under Workers Compensation Act and this Part

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

(a) the corporation and the Workers Compensation Board shall

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

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

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

Person may appeal under either Act

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

Corporation and W.C. Board to make agreement

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

S.M. 1993, c. 36, s. 5.

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

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

S.M. 1993, c. 36, s. 5; S.M. 1996, c. 11, s. 3; S.M. 2008, c. 42, s. 80.

DIVISION 13

MISCELLANEOUS PROVISIONS AND REGULATIONS

Interest where benefit not paid within 30 days after entitlement established

197.1       Where the corporation fails to pay an indemnity, a retirement income or an expense to a person entitled to compensation under this Part within 30 days after the day on which the person's entitlement to the benefit is determined, the corporation shall pay to the person interest on the amount of the indemnity or expense at the prejudgement rate of interest prescribed under section 79 of The Court of Queen's Bench Act, computed from the day on which the person became entitled to the benefit.

S.M. 1998, c. 46, s. 16.

Compliance with forms and notices

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

S.M. 1993, c. 36, s. 5.

Immunity from action

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

Compellability of witness

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

S.M. 1993, c. 36, s. 5.

Parents of infant may act as guardian

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

S.M. 1993, c. 36, s. 5.

Agreement re costs of medical aid

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

Agreements with other jurisdictions

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

S.M. 1993, c. 36, s. 5.

Regulations

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

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

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

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

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

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

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

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

(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;

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

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

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

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

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

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

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

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

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

(l.1) respecting the retirement income to be provided under section 103 to victims who cease to be entitled to receive an income replacement indemnity;

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

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

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

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

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

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

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

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

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

S.M. 1993, c. 36, s. 5; S.M. 1998, c. 46, s. 17; S.M. 2014, c. 15, s. 26.

Regulations by Lieutenant Governor in Council

202.1       The Lieutenant Governor in Council may make regulations

(a) respecting the corporation's payment of expenses under section 137.1, including, but not limited to, regulations

(i) providing guidance to the corporation on the exercise of its discretion under that section or restricting its discretion, and

(ii) prescribing kinds of expenses that the corporation may or may not pay under that section;

(b) for the purpose of clause 1(h) of Schedule 4, prescribing injuries, or combinations of injuries, as catastrophic injuries;

(c) amending the description of injuries that constitute catastrophic injuries set out in Schedule 4;

(d) respecting any transitional or other problem resulting from the enactment of any of the following provisions of this Act:

(i) the definition "catastrophic injury" set out in subsection 70(1),

(ii) subsections 111(3) to (6), 127(2), 128(1), 129(1.1) and 131(2),

(iii) clause 134(1)(e),

(iv) sections 137.1 and 150.1,

(v) Schedule 4.

S.M. 2009, c. 36, s. 20.

Review

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

S.M. 1993, c. 36, s. 5.

SCHEDULE 1 (Section 120)

LUMP SUM INDEMNITY TO SPOUSE OR COMMON-LAW PARTNER OF DECEASED VICTIM

Age of victim
on day of death
Factor
25 years or under 1
26 1.2
27 1.4
28 1.6
29 1.8
30 2
31 2.2
32 2.4
33 2.6
34 2.8
35 3
36 3.2
37 3.4
38 3.6
39 3.8
40 4
41 4.2
42 4.4
43 4.6
44 4.8
45 5
46 4.8
47 4.6
48 4.4
49 4.2
50 4
51 3.8
52 3.6
53 3.4
54 3.2
55 3
56 2.8
57 2.6
58 2.4
59 2.2
60 2
61 1.8
62 1.6
63 1.4
64 1.2
65 years or over 1

S.M. 1993, c. 36, s. 5; S.M. 2001, c. 37, s. 8.

SCHEDULE 2 (Section 120)

LUMP SUM INDEMNITY TO DISABLED SPOUSE OR COMMON-LAW PARTNER OF DECEASED VICTIM

Age of victim
on day of death
Factor
45 years or under 5
46 4.8
47 4.6
48 4.4
49 4.2
50 4
51 3.8
52 3.6
53 3.4
54 3.2
55 3
56 2.8
57 2.6
58 2.4
59 2.2
60 2
61 1.8
62 1.6
63 1.4
64 1.2
65 years or over 1

S.M. 1993, c. 36, s. 5; S.M. 2001, c. 37, s. 8.

SCHEDULE 3 (Section 121)

LUMP SUM INDEMNITY TO DEPENDANT OF DECEASED VICTIM

Age of dependant
on day of victim's
death
Amount of
indemnity
Less than 1 year $35,000.
1 year 34000
2 years 33000
3 32000
4 31000
5 30000
6 29000
7 28000
8 27000
9 26000
10 25000
11 24000
12 23000
13 22000
14 21000
15 20000
16 years or over 19000

S.M. 1993, c. 36, s. 5.

SCHEDULE 4 (Subsection 70(1))

When a person is catastrophically injured

1           For the purposes of Part 2 of this Act, a person is catastrophically injured if, within the meaning of the regulations made under clause 202(k), he or she suffers

(a) complete or incomplete quadriplegia or paraplegia that meets the criteria for classification as Grade A or B on the ASIA scale and is determined to result in a degree of permanent impairment of 65% or more;

(b) two or more of the following amputations:

(i) forequarter amputation of a shoulder and arm,

(ii) shoulder disarticulation,

(iii) above-elbow amputation of an arm, involving the proximal third of the humerus,

(iv) above-elbow amputation of an arm, involving the middle or distal third of the humerus,

(v) hemipelvectomy,

(vi) hip disarticulation, involving the proximal third of the femur,

(vii) proximal, mid-thigh or distal above-knee amputation of a leg;

(c) loss of vision that is determined to result in a degree of permanent impairment of 80% or more;

(d) a functional alteration of the brain of any of the following types or any combination of them that is determined to result in a degree of permanent impairment of 50% or more:

(i) a communication disorder that

(A) results in the person's complete inability to understand and use language,

(B) does not affect the person's ability to understand linguistic symbols, but severely impairs his or her ability to use sufficient or appropriate language,

(C) does not affect the person's ability to understand linguistic symbols, but moderately impairs his or her ability to use sufficient or appropriate language, or

(D) results in minor communication difficulties,

(ii) an alteration of consciousness, such as stupor, coma or another disorder or disturbance, including adverse effects of medication, that prevents the person from performing the activities of daily living to such an extent that he or she requires continuous supervision in an institutional or confined setting,

(iii) an alteration of consciousness, including adverse effects of medication, that

(A) impairs the person's ability to perform the activities of daily living to such an extent that he or she requires periodic supervision in an institutional or confined setting for 50% or more of the time,

(B) impairs the person's ability to perform the activities of daily living to such an extent that he or she requires periodic supervision in an institutional or confined setting for less than 50% of the time,

(C) impairs the person's ability to perform the activities of daily living to such an extent that he or she requires supervision but not in an institutional or confined setting, or

(D) impairs the person's ability to perform the activities of daily living but not to such an extent that he or she requires supervision,

(iv) an alteration of the higher cognitive or integrative mental functions, including adverse effects of medication, that

(A) prevents the person from performing the activities of daily living to such an extent that he or she requires continuous supervision in an institutional or confined setting,

(B) impairs the person's ability to perform the activities of daily living to such an extent that he or she requires periodic supervision in an institutional or confined setting for 50% or more of the time,

(C) impairs the person's ability to perform the activities of daily living to such an extent that he or she requires periodic supervision in an institutional or confined setting for less than 50% of the time,

(D) impairs the person's ability to perform the activities of daily living to such an extent that he or she requires supervision but not in an institutional or confined setting, or

(E) impairs the person's ability to perform the activities of daily living but not to such an extent that he or she requires supervision;

(e) an injury that results in a psychiatric condition, syndrome or phenomenon that, including adverse effects of medication,

(i) impairs the person's ability to perform the activities of daily living, ability to function socially or sense of well-being, to such an extent that he or she requires continuous supervision in an institutional or confined setting, or periodic supervision in such a setting for 50% or more of the time, and

(ii) is determined to result in a degree of permanent impairment of 70% or more;

(f) full-thickness burns resulting in consequential impairments, excluding scarring or disfigurement to all surface areas of the body other than the face, that are determined to result in a degree of permanent impairment of 75% or more;

(g) a combination of any of the following injuries that is determined to result in a degree of permanent impairment of 80% or more:

(i) an amputation referred to in clause (b),

(ii) one or more of the following amputations:

(A) elbow disarticulation, including amputation of the proximal third of the forearm,

(B) below the elbow amputation, involving the middle third of the forearm,

(C) wrist disarticulation, involving the distal third of the forearm,

(D) knee disarticulation, including proximal below-the-knee amputation, not suitable for a patellar tendon bearing prosthesis,

(E) below the knee amputation suitable for a patellar tendon bearing prosthesis,

(iii) incomplete quadriplegia or paraplegia that meets the criteria for classification as Grade C or D on the ASIA scale with partial preservation of motor power, whether or not there is sensory preservation and whether the total degree of permanent impairment under this subclause is the result of one or more permanent impairments,

(iv) loss of vision that is determined to result in a degree of permanent impairment of 50% or more but less than 80%,

(v) one or more of the following types of functional alteration of the brain that are determined to result in a degree of permanent impairment of 30% or more:

(A) inability to use both upper limbs for self-care with evidence of both proximal and distal upper-limb neurological dysfunction,

(B) inability to use one upper limb for self-care with evidence of both proximal and distal upper-limb neurological dysfunction,

(C) difficulty in using both upper limbs for self-care with evidence of either proximal or distal upper-limb neurological dysfunction bilaterally,

(D) difficulty in using one upper limb for self-care with evidence of either proximal or distal upper-limb neurological dysfunction,

(E) difficulty manipulating objects with impaired prehension confined to only one of the upper limbs, allowing independence in self-care,

(F) difficulty manipulating objects with no impairment in prehension in either upper limb, allowing independence in self-care,

(G) upper limb clumsiness with impaired prehension confined to only one of the upper limbs, allowing independence in self-care,

(H) upper limb clumsiness with no impairment in prehension in either upper limb, allowing independence in self-care,

(I) inability to stand or walk,

(J) ability to stand, but great difficulty or inability to walk,

(K) moderate difficulty in walking on irregular surfaces, stairways or uneven terrain,

(L) slight difficulty in walking,

(M) incontinence or urinary retention — complete loss of sphincter control,

(N) incontinence or urinary retention — partial loss of sphincter control,

(O) incontinence or urinary retention — dysfunction in the form of frequency or hesitancy,

(P) alteration of the bladder with or without enterocystoplasty,

(Q) a Class 1, 2 or 3 renal functional impairment,

(R) anorectal function — complete loss of control,

(S) anorectal function — limited control,

(T) a Class 1, 2 or 3 sexual dysfunction,

(U) one or more of the types of functional alteration of the brain referred to in paragraph (d)(i)(C) or (D), (d)(iii)(B) to (D) or (d)(iv)(C) to (E),

(vi) a peripheral nervous system injury involving all three trunks of the brachial plexus, with complete motor and sensory impairment, or a peripheral nervous system injury of one or more of the following types involving the brachial plexus:

(A) upper trunk (Erb-Duchenne syndrome), with complete motor and sensory impairment,

(B) middle trunk, with complete motor and sensory impairment,

(C) lower trunk (Klumpke-Déjerine syndrome), with complete motor and sensory impairment,

(vii) an injury that results in a psychiatric condition, syndrome or phenomenon that, including adverse effects of medication,

(A) impairs the person's ability to perform the activities of daily living, ability to function socially or sense of well-being to the extent that he or she requires periodic supervision in an institutional or confined setting for less than 50% of the time, and

(B) is determined to result in a degree of permanent impairment of 35%,

(viii) full-thickness burns resulting in consequential impairments, excluding scarring or disfigurement to all surface areas of the body other than the face, that are determined to result in a degree of permanent impairment of 40% or more; or

(h) another injury that is prescribed in the regulations as being a catastrophic injury.

S.M. 2009, c. 36, s. 21.

 

 


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