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The Manitoba Public Insurance Corporation Act

C.C.S.M. c. P215

The Manitoba Public Insurance Corporation Act

1 (1) Definitions
(2) Regulations to include other vehicles
(3) Repealed
(4) Registered common-law relationship
PART 1
CORPORATE ORGANIZATION, COVERAGE, BENEFITS AND MISCELLANEOUS PROVISIONS
2 (1) Persons comprising the corporation
(2) Corporation continued
(3) Appointment of chairman
(4) Term of office
(5) Filling vacancies
(6) Re-appointment of directors
(7) Payment of expenses and remuneration
(8) Authority for M.L.A. to be member of board
(9) Quorum
(10) Conflicts of interest
(11) Decision as to interest
(12) Disclosure of facts by directors
(13) Reports to minister
3 Head office
4 Appointment of president and chief executive officer
5 Power to engage employees and duties of chief executive officer
6 (1) Objects and powers
(2) Additional powers
(3) Incorporation of certificates, etc.
(4) Information required
(5) Accident information
(6) Furnishing proofs
7 Temporary borrowings
8 Advances from Consolidated Fund
9 (1) Loans by government
(2) Payment of interest by corporation
10 (1) Power to borrow
(2) Limitation on borrowing powers
(3) Form of securities
(4) Signature of chairman on securities
(5) Proof that securities are necessary
11 (1) Power of government to guarantee
(2) Signing of guarantee
(3) Discharge of liability under guarantee
(4) Signature of Minister of Finance, etc.
12 (1) Investments
(2) Moneys to be credited to corporation
(3) Payment of earnings
13 (1) Employees not civil servants
(2) Powers respecting insurance plans for benefit of employees
14 (1) Property deemed to belong to the Crown
(2) Restriction on use of moneys by government
(3) Government may appropriate funds
(4) Premium tax
(5) Grant in lieu of cost of municipal and school services
14.1 (1) No privatization without referendum
(2) Procedures for referendum
(3) Question to be put to voters
(4) Regulations re procedures
(5) Costs of referendum
(6) Amendment or repeal
(7) Timing of review by committee
15 Safekeeping of uninvested funds
16 Moneys of the corporation
17 (1) Separate accounts
(2) Apportionment of income and expenditures
(3) Audit
(4) Special audits
18 Reserves
19 (1) Actions against corporation only
(2) Bona fide acts or omissions, protected
20 (1) Contracts
(2) Contracts binding on successors to corporation
(3) Acceptance, etc. of bills of exchange
(4) Sufficiency of signature on contracts
(5) Contract deemed to be validly made
21 Action for recovery of benefits
22 Relief from forfeiture
23 (1) Proof of intoxication, etc.
(2) Sufficiency of evidence of conviction
(3) Conclusive proof
24 Certain reports not available to public
25 Waiver
26 (1) Subrogation
(2) When rights of subrogation apply
(3) No reduction of liability
(4) Liability of other persons
(5) Non-application to owner
(6) Power of corporation in enforcing rights to which it is subrogated
(7) Person may bring action in own name
(8) Rights of corporation not to be prejudiced
(9) Compromising of claims restricted
27 (1) Access to records, etc.
(2) Information from other departments
28 Salvage
29 (1) Corporation as agent
(2) Corporation deemed licensed
30 (1) Insurance Act does not apply
(2) Lieutenant Governor in Council may make Insurance Act apply
(2.1) Application of Insurance Act to Part 2
(3) Application of Insurance Act to other insurance
(4) Lieutenant Governor in Council may make Insurance Act not apply
(5) Insurance Act other than automobile insurance
(6) L.G. in C. may make Insurance Act not apply
31 (1) Authority of corporation
(2) Powers of corporation
32 Agreements
33 (1) Regulations
(1.1) Review by P.U.B
(2) Condition precedent to obtaining benefits
(3) Exclusion of non-residents and motor vehicles
(4) Application of regulations under clause (1)(h), (h.1) or (h.2)
34 (1) Limitation of actions
(2) Limitation of actions
35 Motor vehicle liability insurance cards
36 (1) Insurance as proof of financial responsibility
(2) Reimbursement by insured
(3) Application of subsections 39(9), (10) and (12)
(4) Actions in other provinces against corporation
(5) Card deemed proof
(6) Restriction of issuance
(7) Proof of financial responsibility
37 Forfeiture
38 (1) Reduction of liability
(2) Reduction of liability by amount mentioned in subsection (5)
(3) Reduction of liability same as owner's under subsection (2)
(4) Reduction of liability in case of failure to observe conditions
(5) Amount of reduction
(6) Disclosure of benefits prohibited in court proceedings
(7) Disclosure of benefits after award of damages
(8) Estimating value of future payments
39 (1) Uninsured motor vehicles
(2) Corporation deemed to be agent of owner
(3) Corporation may settle claim
(4) Corporation's right of subrogation
(5) Application by corporation to set judgment aside
(6) Notice of intent to defend action
(7) Costs
(8) Liability of owner to reimburse corporation
(9) Suspension of licence, etc. for failure to pay
(10) Effect of periodic payments
(11) Application of subsection (9)
(12) Application to court to pay in instalments
(13) Effect of subsequent ascertainment of identity of drivers
40 (1) Third party rights
(2) Power to compromise and settle claims
(3) Creditors not entitled to insurance moneys
(4) No prejudice to rights of certain persons
(5) Nothing to prejudice defence available to corporation
(6) Reimbursement by insured
(7) Denial of liability by corporation
(8) Undertaking to reimburse by insured
(9) Corporation may require assignment of judgment
(10) Effect of judgment or settlement
41 Corporation to receive notice of action
42 Unnamed insured may recover indemnity
43 (1) Annual report
(2) Tabling of report
44 (1) Excess of assets
(2) Adjustment of financial statement
45 (1) Act not to apply to Government of Canada motor vehicles
(2) Agreement with other governments
46 Conferring of jurisdiction
47 Application for insurance
48 (1) No vehicle registration without owner's certificate
(2) No licence to be issued without a driver's certificate
49 Suspension
50 Reports of accidents
51 Medical reports
52 Reports from employers
53 to 55 Repealed
56 (1) Excess payment
(2) Deduction of unpaid premiums from moneys
57 Repealed
58 Cancellation where motor vehicle operated contrary to laws
59 (1) Effect of cancellation of registration, etc.
(2) Effect of cancellation of driver's licence, etc.
(3) Surrender to judge
60 (1) Notification of convictions to corporation
(3) Repealed
61 (1) Payment constitutes release
(2) Corporation demanding release
(3) Judgment without reference to payment
(4) Disclosure of payment
62 Payments to infants
63 (1) Offences
(2) Offences
64 Court's determination about certain issues conclusive
65 (1) Protesting an additional driver premium
(2) Review by the corporation
(3) Corporation's finding after review
(4) Appeal of additional driver premium
(4.1) Applicant must protest before appealing under clause (4)(b)
(5) How to make an appeal
(6) Applying for a temporary driver's licence
(6.1) Issuing a temporary driver's licence
(6.2) Cancelling or extending temporary driver's licence
(7) Transmission of documents to the Rates Appeal Board
(8) Time and place of hearing
(9) Hearing of appeal and powers of the board
(10) Decision of board
(11) Refund of appeal fee
(12) Additional costs
(13) Exclusive jurisdiction
(14) Proof of certain matters
65.1 (1) Continuing to pay adjusted additional driver premium
(2) No appeal of adjusted additional driver premium
(3) Application of section 65 re new assessment
66 Repealed
67 (1) Rates Appeal Board
(2) Documents of board
(3) Authority of members of board to act
(4) One member may sit
(5) Reimbursement of expenses
68 The Corporations Act
69 Certain sections not to apply to insurance under clause 6(1)(c)
69.1 Definitions
69.2 Claimant must provide information
69.3 Person providing services must provide information
69.4 (1) Corporation may collect information
(2) Public body authorized to give information
69.5 Information from police services and RCMP
69.6 (1) Offence — false or misleading claims information
(2) Directors and officers
(3) Penalties
(4) Restitution
(5) Time limit for prosecution
69.7 (1) Investigators
(2) Applying for a search warrant or production order
(3) Application without notice
(4) Conditions for issuing search warrant
(5) Authority of search warrant
(6) Conditions for issuing production order
(7) Authority of production order
(8) Time and form of production
(9) Duty of person who seizes things
PART 2
UNIVERSAL BODILY INJURY COMPENSATION
70 (1) Definitions
(2) Meaning of "industrial average wage"
DIVISION 1
GENERAL PROVISIONS
71 (1) Application of Part 2
(2) Bodily injury to which Part 2 does not apply
72 No tort actions
73 No-fault system
74 (1) Victim resident in Manitoba entitled to compensation
(2) Owner, driver, passenger are deemed residents
75 (1) Entitlement of non-resident re accident in Manitoba
(2) Court to determine responsibility
76 (1) Entitlement of resident of Manitoba re accident outside Manitoba
(2) Subrogation re accident outside Manitoba
77 (1) Recovery re accident in Manitoba involving non-resident
(2) Compensation
(3) Action by the corporation
(4) Victim to cooperate
(5) Limitation of action
(6) Application
78 Entitlement to recover from non-residents under other Acts
79 (1) No compensation to victim who intends accident
(2) No compensation to claimant causing bodily injury
(2.1) Death benefit to be reduced
(3) Appeal of corporation's decision
80 Certain provisions in Part 1 not applicable
DIVISION 2
INCOME REPLACEMENT INDEMNITY, INDEMNITIES FOR STUDENTS AND MINORS AND RETIREMENT INCOME
SUBDIVISION 1
ENTITLEMENT
Full-Time Earners
81 (1) Entitlement to I.R.I.
(2) Determination of I.R.I. for full-time earner
(3) Benefit under clause (1)(c) is part of gross income
82 (1) I.R.I. based on more remunerative employment
(2) Employment to be compatible with earner's ability
Temporary Earners and Part-Time Earners
83 (1) Entitlement to I.R.I. for first 180 days
(2) Basis for determining I.R.I. for temporary earner or part-time earner
(3) Benefit under clause (1)(b) is part of gross income
84 (1) Entitlement to I.R.I. after first 180 days
(2) Where victim held several employments
(3) Determination of I.R.I.
(4) Care expenses
Non-Earners
85 (1) Entitlement to I.R.I. for first 180 days
(2) Non-earner entitled to greater I.R.I.
(3) Basis for determining I.R.I. for non-earner
(4) Benefit under clause (1)(b) is part of gross income
86 (1) Entitlement to I.R.I. after first 180 days
(2) Determination of I.R.I.
Students
87 (1) Interpretation of sections 87 to 92
(2) Student at secondary, post-secondary institution
88 (1) Student entitled to fixed indemnity
(2) Amount of indemnity
(3) Pro-rating where secondary school year divided
89 (1) Entitlement to I.R.I.
(2) Determination of I.R.I.
(3) Benefit under clause (1)(b) is part of gross income
90 (1) I.R.I. for student unable to begin or resume studies
(2) Determination of I.R.I.
91 (1) Indemnity for student able to begin or resume studies
(2) Amount of indemnity
(3) Amount of indemnity after scheduled end of studies
(4) Pro-rating where secondary school year divided
92 Student entitled to greater I.R.I.
Minors
93 Interpretation of sections 94 to 98
94 Minor entitled to fixed indemnity
95 (1) Entitlement to I.R.I.
(2) Determination of I.R.I.
(3) Benefit under clause (1)(b) is part of gross income
96 (1) I.R.I. for minor unable to begin or resume studies
(2) Determination of I.R.I.
97 (1) Indemnity for minor able to begin or resume studies
(2) Amount of indemnity
(3) Amount of indemnity after scheduled end of studies
98 Minor entitled to greater I.R.I.
99 Repealed
100 Repealed
Retirement Income and Victims Aged 65 or Older at Time of Accident
101 No entitlement for unemployed victim 65 years or older
102 Income replacement indemnity ceases at age 65 or after five years
103 (1) Retirement income after age 65
(2) Basic retirement income amount
(3) Transitional
103.1 Other sections apply
104 Repealed
Persons Incapable of Employment
105 No entitlement to I.R.I. or retirement income
SUBDIVISION 2
DETERMINATION OF AN EMPLOYMENT FOR A VICTIM
106 (1) Factors for determining an employment
(2) Type of employment
107 New determination after second anniversary of accident
108 New determination for student or minor after end of current studies
109 (1) Considerations under section 107 or 108
(2) Type of employment
109.1 Exception
SUBDIVISION 3
EVENTS THAT END OR SUSPEND ENTITLEMENT TO INCOME REPLACEMENT INDEMNITY
110 (1) Events that end entitlement to I.R.I.
(2) Temporary continuation of I.R.I. after victim regains capacity
(3) Exception
110.1 (1) When I.R.I is suspended for catastrophically injured victim
(2) End of I.R.I. for catastrophically injured victim
SUBDIVISION 4
DETERMINATION OF INDEMNITY
111 (1) I.R.I. is 90% of net income
(2) Minimum I.R.I. based on Employment Standards Code
(3) Minimum I.R.I. — catastrophic injuries
(4) Exceptions — students and minors
(5) When I.R.I. payments begin re catastrophic injury
(6) Application of subsection (3) to part-time earners and non-earners
112 (1) Determination of net income
(2) Date applicable for computation
113 Deductions to include effect of dependants
114 (1) Maximum yearly insurable earnings for 1994
(2) Maximum yearly insurable earnings for and from 1995
(3) Rounding of sum
(4) Statistics to be used
115 I.R.I. for reduced income from determined employment
116 (1) I.R.I. reduction if victim earns reduced income
(2) No application to I.R.I. under section 115
117 (1) Entitlement to I.R.I. after relapse
(2) Victim entitled to greater I.R.I.
(3) Relapse after more than two years
(2) Victim entitled to greater I.R.I.
(3) Exception
118 Victim entitled to greater I.R.I. after relapse or second accident
DIVISION 3
DEATH BENEFITS
119 (1) Definitions
(2) Meaning of dependant, where victim unemployed
120 (1) Computing indemnity under schedules
(2) Minimum indemnity
121 (1) Posthumous child of deceased victim
(2) Lump sum indemnity to other dependant
122 Dependant child of deceased victim with no spouse or common-law partner
123 Entitlement of child and parent of deceased victim
124 (1) Reimbursement of funeral expenses
(2) Effect of indexing between accident and death
125 Periodic instalments
DIVISION 4
COMPENSATION FOR PERMANENT IMPAIRMENT
126 Meaning of "permanent impairment"
127 (1) Lump sum indemnity for permanent impairment
(2) Lump sum indemnity for catastrophic injury
128 (1) Effect of death on compensation
(2) Compensation where victim dies of other cause
129 (1) Evaluation of permanent impairment under schedule
(1.1) Evaluation of permanent impairment when victim dies
(2) Impairment not listed on schedule
130 Computation of lump sum indemnity
DIVISION 5
REIMBURSEMENT OF EXPENSES
131 (1) Reimbursement of personal assistance expenses
(2) Reimbursement when injury is catastrophic
132 (1) Weekly indemnity for part-time earner or non-earner who cares for other person
(2) Duration of indemnity
(3) When corporation is to adjust weekly indemnity
(2) Duration
(3) Application
133 (1) Part-time earner and non-earner may elect indemnity after 180 days from accident
(2) Corporation to provide victim with information
134 (1) Reimbursement of expenses for care of other person
(2) Maximum amount of reimbursed expenses
(3) Entitlement where victim has spouse or common-law partner
135 Reimbursement of expenses re family enterprise
136 (1) Reimbursement of victim for various expenses
(2) Reimbursement of expense paid by other person
137 Expenses of person accompanying victim
137.1 (1) Payment of certain expenses for catastrophically injured victims
(2) When expenses may be paid
(3) Corporation's consent required
(4) Lifetime maximum of $1,000,000.
DIVISION 6
REHABILITATION
138 Corporation to assist in rehabilitation
DIVISION 7
CLAIMS FOR COMPENSATION
139 Meaning of "practitioner"
140 Application for compensation
141 (1) Time limitation for claim
(2) Claim based on the death of a person
(3) Claim by minor
(4) Corporation may extend time
142 Corporation to be provided with information
143 (1) Employer to provide proof of salary on request
(2) If employer does not provide information
144 (1) Examination by practitioner chosen by claimant
(2) Examination by practitioner chosen by corporation
(3) Medical examination to be in accordance with regulations
145 (1) Transportation and lodging expenses
(2) Allowance for person accompanying victim
146 (1) Report of examination
(2) Corporation to provide copy of medical report
147 Corporation may request medical report re accident
148 Reimbursement of cost of medical report
149 Claimant to advise of change in situation
150 Corporation to advise and assist claimants
150.1 (1) Facilitation of claims re catastrophic injuries
(2) Co-operation of other agencies and organizations
151 (1) Disclosure of documents to claimant
(2) Exempt information
DIVISION 8
PAYMENT OF INDEMNITIES
152 (1) I.R.I. to be paid every 14 days
(2) Waiting period before first I.R.I. payment
(3) Payment of indemnity to part-time earner or non-earner caring for other person
(4) Payment of indemnity to student or minor
(5) Payment of indemnity to student or minor
153 (1) Corporation may pay indemnity based on application
(2) Amounts paid are not recoverable
154 Corporation may pay I.R.I. as lump sum
155 (1) Reimbursement of expenses in instalments
(2) Victim may request payment to other person
156 Payment to estate
157 Payment not suspended by review or appeal
158 (1) Payment to committee under Mental Health Act
(2) Payment of indemnity or reimbursement for minor
(3) Repealed
159 (1) Compensation other than I.R.I. and retirement income not subject to seizure
(2) Compensation other than I.R.I. and retirement income may not be assigned
(3) I.R.I. and retirement income deemed to be wages
160 Corporation may refuse or terminate compensation
161 (1) Reduction of indemnity where victim convicted under Criminal Code
(2) Reduction of indemnity where victim convicted of similar offence in U.S.
(3) Income replacement indemnity to be reduced
(3.1) Compensation for permanent impairment to be reduced
(4) Victim may appeal to court
161.1 (1) No compensation for certain criminal conduct
(2) Application
(3) Offences
162 (1) Victim's I.R.I. suspended during imprisonment
(2) Payment of I.R.I. to victim on acquittal
163 Successful applicant is entitled to interest
DIVISION 9
INDEXATION
164 (1) Definition of "year"
(2) Meaning of "consumer price index"
165 (1) Adjustment of gross annual income on anniversary of day of accident
(1.1) Annual adjustment of retirement income benefit
(2) Annual adjustment of gross annual income fixed under section 106
(3) Adjustment of other amounts on March 1
166 (1) Adjustment is based on C.P.I.
(2) Determination of C.P.I. for a year
(3) Two decimals in monthly average
(4) More than three decimals in ratio of C.P.I.s
(5) Rounding of adjusted amount to nearest dollar
167 (1) Cap of 6% on adjustment
(2) Cap may be increased by regulation
168 Private insurance scheme not affected by adjustment
DIVISION 10
JURISDICTION OF THE CORPORATION, REVIEW AND APPEAL
SUBDIVISION 1
JURISDICTION OF THE CORPORATION
169 (1) Jurisdiction of the corporation
(2) Corporation may delegate its powers
170 (1) Corporation to give written reasons to claimant
(2) Claimant to be given notice of right to review
(2.1) Non-application of subsection (2)
(3) Claimant to be given notice of right to appeal
171 (1) Corporation may reconsider new information
(2) Claims corporation may reconsider before application for review or appeal
SUBDIVISION 2
REVIEW AND APPEAL
172 (1) Application for review of claim by corporation
(1.1) Non-application to decisions under section 137.1
(2) Corporation may extend time
(3) Response within 30 days
173 (1) Powers of the corporation on review
(2) Corporation to give written reasons
174 (1) Appeal from review decision
(2) Requirements for appeal
Claimant Advisers
174.1 (1) Claimant adviser office established
(2) Appointing claimant advisers
174.2 (1) Claimant may request assistance
(2) Claimant adviser may assist
(3) Disclosure of documents to claimant adviser
(4) Section 199 applies
(5) Regulations respecting claimant advisers
174.3 (1) Costs to be paid out of Consolidated Fund
(2) Corporation to pay costs into Consolidated Fund
174.4 Minister not to be the same
Appeals to the Commission
175 Automobile Injury Compensation Appeal Commission established
175.1 No appeal of decision under section 137.1
176 (1) Appointment of chief commissioner and other commissioners
(2) Powers of deputy chief commissioner
(3) Term of chief commissioner
(4) Term of other commissioners
(5) Termination only for cause
(6) Full-time, part-time or sessional basis
(7) Completion of proceedings
(8) Oath of office
177 (1) Commission's costs to be paid out of Consolidated Fund
(2) Corporation to pay fixed costs into Consolidated Fund
(3) Corporation to pay variable costs into C.F.
178 (1) Single commissioner or panel to hear appeal
(2) Assigning commissioners
179 (1) Assigned commissioners to be present
(2) Decision of a panel
180 (1) Chief commissioner's annual report
(2) Tabling of annual report by minister
180.1 Minister not to be the same
181 Corporation to provide information
182 (1) Hearing of appeal by commission
(2) Commission to give notice of hearing
(3) Commission to determine its practice and procedure
(4) Hearing may be conducted orally or in writing
(5) Public hearings
183 (1) Powers under Part V of Evidence Act
(2) Commission not bound by rules of evidence
(3) Commission may adopt findings of fact
(4) Commission may carry out investigation
(5) Commission to advise parties of information considered
(6) Right of parties to examine filed material
(7) Effect of lack of formality in proceedings
184 (1) Powers of commission on appeal
(2) Commission to give copy of decision to parties
(3) Party may request written reasons
184.1 (1) How notices and orders may be given to appellant
(2) When mailed notice received
185 Commission to compile record of hearing
Appeal to Court of Appeal by Stated Case
186 (1) Commission may state case to Court of Appeal
(2) Decision of Court of Appeal
(3) Proceeding or decision not stayed by appeal
(4) Parties entitled to be heard
(5) Costs not to be awarded
Appeal to Court of Appeal on Question of Law or Jurisdiction
187 (1) Appeal to Court of Appeal
(2) Appeal with leave
(3) Application for leave to appeal
(4) Commission entitled to be heard
(5) Order of commission stayed
(6) Powers of Court on appeal
188 Decisions not subject to appeal to court
DIVISION 11
RECOVERY OF COMPENSATION
189 (1) Corporation to be reimbursed for excess payment
(2) Time limitation for recovery of payment
(3) Cancellation or deduction of debt
(4) Application for review or appeal does not affect deduction
190 No reimbursement of amount paid before review or appeal
191 No reimbursement of amount paid before reconsideration
192 (1) Reimbursement by person preventing subrogation or recovery
(2) Limitation of action
(3) Cancellation of debt
193 Corporation may file certificate in court
DIVISION 12
COMPENSATION UNDER OTHER ACTS OR PLANS
194 Claims under private insurance scheme not affected
195 (1) Election of compensation under this Part or Workers Compensation Act
(2) Effect of election of compensation under W.C. Act
(3) Effect of election under this Part
(4) Corporation and Workers Compensation Board to make agreement
196 (1) Where person entitled under Workers Compensation Act and this Part
(2) Person may appeal under either Act
(3) Corporation and W.C. Board to make agreement
197 C.P.P. or other disability benefit reduces I.R.I.
DIVISION 13
MISCELLANEOUS PROVISIONS AND REGULATIONS
197.1 Interest where benefit not paid within 30 days after entitlement established
198 Compliance with forms and notices
199 (1) Immunity from action
(2) Compellability of witness
200 Parents of infant may act as guardian
201 (1) Agreement re costs of medical aid
(2) Agreements with other jurisdictions
202 Regulations
202.1 Regulations by Lieutenant Governor in Council
203 Review
LUMP SUM INDEMNITY TO SPOUSE OR COMMON-LAW PARTNER OF DECEASED VICTIM
LUMP SUM INDEMNITY TO DISABLED SPOUSE OR COMMON-LAW PARTNER OF DECEASED VICTIM
LUMP SUM INDEMNITY TO DEPENDANT OF DECEASED VICTIM
1 When a person is catastrophically injured