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S.M. 2004, c. 3

Bill 5, 2nd Session, 38th Legislature

The Manitoba Public Insurance Corporation Amendment Act (Claimant Advisers)

(Assented to June 10, 2004)

HER 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 section 174:

Claimant Advisers

Claimant adviser office established

174.1(1)

The claimant adviser office is established.

Appointing claimant advisers

174.1(2)

Claimant advisers and other staff of the claimant adviser office must be appointed and employed by the government under The Civil Service Act, and are not employees of the corporation.

Claimant may request assistance

174.2(1)

A claimant may request that a claimant adviser provide assistance as set out in this section or the regulations.

Claimant adviser may assist

174.2(2)

A claimant adviser may assist a claimant in appealing a review decision to the commission by

(a) advising him or her about the meaning and effect of the provisions of this Act, the regulations and decisions made under this Act;

(b) carrying out an investigation or inspection, including obtaining an expert opinion, respecting his or her claim; and

(c) communicating with or appearing before the commission on his or her behalf.

Disclosure of documents to claimant adviser

174.2(3)

A claimant adviser, when authorized by a claimant, has the same right as the claimant under section 151.

Section 199 applies

174.2(4)

Section 199 applies, with necessary changes, to claimant advisers and all other staff and agents of the claimant adviser office.

Regulations respecting claimant advisers

174.2(5)

The minister may make regulations prescribing additional duties to be performed by claimant advisers.

Costs to be paid out of Consolidated Fund

174.3(1)

The salaries of claimant advisers and staff, and all costs incurred in connection with the claimant adviser office, shall be paid out of the Consolidated Fund.

Corporation to pay costs into Consolidated Fund

174.3(2)

The minister shall, at the beginning of a fiscal year and at such other times as he or she considers necessary, estimate the amount of the salaries and costs under subsection (1) for the fiscal year. Upon the approval of the estimated amount by the Lieutenant Governor in Council, the corporation shall pay it into the Consolidated Fund.

Minister not to be the same

174.4

The minister responsible for sections 174.2 and 174.3 must not be the same minister that the corporation reports to under subsection 2(13).

Coming into force

3

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