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5th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 6

THE MANITOBA PUBLIC INSURANCE CORPORATION AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. P215 amended

1   The Manitoba Public Insurance Corporation Act is amended by this Act.

2   The following is added after subsection 74(2):

Non-application

74(3)   Subsection (2) does not apply to an owner, driver or passenger who is resident in a jurisdiction outside Manitoba if

(a) the corporation has entered into an agreement with the government or an agency of the government of that jurisdiction; and

(b) under the agreement, the corporation is not to provide benefits to persons residing in that jurisdiction.

3(1)   Section 101 is amended by adding ", unless the victim has a reasonable expectation of employment" at the end.

3(2)   Section 101 is further amended by renumbering it as subsection 101(1) and adding the following as subsection 101(2):

Reasonable expectation of employment

101(2)   For the purpose of subsection (1), a victim is considered to have a reasonable expectation of employment if, at the time of the accident,

(a) they have received a written offer of employment and the offer has not been declined; or

(b) they have a history of seasonal, casual or temporary employment that would have continued but for the accident.

4(1)   Subsection 158(1) is replaced with the following:

Payment to committee or substitute decision maker

158(1)   If a person who is entitled to an indemnity or reimbursement of expenses under this Part has a committee appointed under The Mental Health Act or a substitute decision maker for property appointed under The Vulnerable Persons Living with a Mental Disability Act, the corporation shall pay the benefits to the committee or substitute decision maker.

4(2)   Subsection 158(2) is amended by striking out "If" and substituting "Subject to subsection (1), if".

4(3)   The following is added as subsection 158(4):

Payment of indemnity or reimbursement to trustee

158(4)   Subject to subsections (1) and (2), the corporation may pay an indemnity or reimbursement of expenses under this Part in trust to a person to manage the funds and pay the funds to or for the benefit of an individual entitled to the indemnity or reimbursement if

(a) the individual is incapable of managing their property or needs decisions to be made on their behalf with respect to their property;

(b) the corporation considers it to be in the best interest of the individual for the indemnity or reimbursement to be paid in trust to the person; and

(c) the person consents to manage the funds and pay the funds to or for the benefit of the individual.

5   Subsection 189(1) is replaced with the following:

Corporation to be reimbursed for excess payments

189(1)   Subject to sections 153, 190 and 191, a person must reimburse the corporation for the following:

(a) any amount received by the person by way of an indemnity or reimbursement of an expense to which the person is not entitled;

(b) any amount paid by the corporation on behalf of the person to which they were not entitled.

Coming into force

6   This Act comes into force on April 1, 2024.

Explanatory Note

This Bill makes several amendments to The Manitoba Public Insurance Corporation Act.

The corporation is not required to pay benefits to a resident of a jurisdiction other than Manitoba if there is an interjurisdictional agreement that exempts the corporation from providing benefits to residents of that jurisdiction.

Currently, an accident victim 65 years or older is entitled to an income replacement indemnity only if they are employed at the time of the accident. The entitlement is broadened to also apply if the victim has a job offer or a history of seasonal, casual or temporary employment.

The corporation is authorized to pay funds in trust to a person to manage on behalf of a victim with impaired cognitive functioning, even if no formal committee or substitute decision maker has been appointed for the victim.

The corporation's ability to recover overpayments is strengthened.