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C.C.S.M. c. P215
The Manitoba Public Insurance Corporation Act
| Table of Contents | Regulations |
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1(1) In this Act, unless the context otherwise requires,
"additional premium" means the premium charged against an applicant for a driver's certificate by reason of demerit points charged against the applicant's record for convictions for offences designated in the regulations; (« prime de pénalité »)
"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 »)
"automobile" means a motor vehicle; (« automobile »)
"automobile insurance" means automobile insurance as defined in The Insurance Act; (« assurance-automobile »)
"basic premium" means that portion of the premium that is based upon criteria established under the regulations; but does not include additional premium or surcharge; (« 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" 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 »)
"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 »)
"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 »)
"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 4.6(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 »)
"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 »)
"surcharge" means an amount assessed against an applicant for insurance or an insured that is in addition to any other premium payable for the insurance; (« surprime »)
"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.
Meaning of "Charge 1" and "Charge 2"
1(3) In the regulations, in any form under the regulations, in any application for a driver's certificate or owner's certificate and in any driver's certificate or owner's certificate, the expression "Charge 1" or "Charge I", means additional premium and the expression, "Charge 2" or "Charge II", means surcharge.
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, Sched. A, s. 158.
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.
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".
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.
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.
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.
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.
2(9) Three members constitute a quorum at any meeting of the directors of the corporation.
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.
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.
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.
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.
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.
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.
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 research or educational 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.
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.
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.
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, Sched. A, s. 158.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
14.1(5) The costs of conducting a referendum under this section shall be paid from the Consolidated Fund.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 automobiles or the servant or agent of any such person.
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.
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).
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, Sched. A, s. 158.
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 Transportation and Government Services, 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.
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.
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.
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.
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.
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.
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.
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.
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) adopting any mode or system of classifying drivers provided for under any Act, or adopting or establishing a demerit or point system classifying drivers according to the number, nature, and kind of violations or offences committed by them in contravention of any section in The Highway Traffic Act, a municipal by-law relating to the regulation of vehicular traffic, or The Criminal Code, or any similar or like law in any other province, territory, state, or country, relating to the operation of or driving of a motor vehicle, and, according to the mode or system of classifying drivers or the demerit or point system, assessing and levying basic or additional premiums or surcharge under any plan against drivers at such times and under such terms and conditions as may be considered appropriate;
(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.
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)
33(4) A regulation made under clause (1)(h) 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.
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.
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.
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.
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.
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.
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
(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.
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 subsec. (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 subsec. (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.
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.
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.
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.
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.
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.
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, Sched. A, s. 158.
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.
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.
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.
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.
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.
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.
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.
No registrations, etc., without certificate
48 No motor vehicle or trailer may be registered and no licence or permit to drive or operate a motor vehicle or trailer may be issued in Manitoba unless the applicant therefor at the same time applies for the corresponding owner's certificate as designated by regulation for the class or class subdivision of vehicle or driver in respect of which the vehicle or driver belongs and pays the basic premium appropriate to that class of certificate and any additional premium or surcharge that is assessed against the applicant.