S.M. 1985-86, c. 2

An Act to amend The Health Services Insurance Act

(Assented to June 26, 1985)

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

Sec. 119 rep. and sub.


Section 119 of The Health Services Insurance Act, being chapter 81 of the Statutes of Manitoba, 1970 (chapter H35 of the Continuing Consolidation of the Statutes of Manitoba) is repealed and the following section is substituted therefor:

Fees in excess of benefits prohibited.


A medical practitioner, whether or not he has made an election under section 115 which is in effect, who renders medical services, and any person rendering other health services to which this Act applies by reason of an order made under section 97, shall not charge to or collect from an insured person, in respect of those medical services or other health services, a fee in excess of the benefits payable in respect thereof under this Act and the regulations.



Any medical practitioner or other person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.00 for each contravention.

Refund of excessive part of fee.


A judge who convicts a medical practitioner or other person of collecting an excessive fee from an insured person in contravention of subsection (1) shall order the medical practitioner or other person, as the case may be, to pay into court, in addition to any fine the judge may impose, an amount equivalent to that part of the fee that is excessive, and the court shall upon the receipt thereof refund the amount to the insured person.

Commencement of Act.


This Act comes into force on a day fixed by proclamation.

Note: This Act was proclaimed in force August 1, 1985. See Manitoba Gazette No. 30, July 27, 1985, page 1169.