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S.M. 2011, c. 21
Bill 31, 5th Session, 39th Legislature
The Manitoba Public Insurance Corporation Amendment Act
(Assented to June 16, 2011)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following is added after section 161:
If a victim is convicted of an offence described in subsection (3) in respect of the accident for which he or she is receiving compensation under this Part, the corporation
(a) must terminate the victim's compensation in respect of the accident; and
(b) despite sections 153, 190 and 191, is entitled to reimbursement of any amount that has been paid to or in respect of the victim.
Subsections 189(2) and (3) and section 193 apply to the recovery of the amount to which the corporation is entitled to be reimbursed under clause (1)(b).
Under subsection (1), the corporation must terminate compensation and is entitled to be reimbursed if the victim
(a) is convicted under any of the following provisions of the Criminal Code (Canada):
(i) section 249.1 (flight from police officer),
(ii) section 249.2 (criminal negligence causing death while street racing),
(iii) section 249.3 (criminal negligence causing bodily harm while street racing),
(iv) subsection 249.4(1) (dangerous operation while street racing), subsection 249.4(3) (dangerous operation causing bodily harm while street racing) or subsection 249.4(4) (dangerous operation causing death while street racing),
(v) subsection 333.1(1) (motor vehicle theft),
(vi) section 334 (theft), where the property stolen is a motor vehicle,
(vii) subsection 335(1) (take motor vehicle without consent); or
Subsection 189(2) is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):
(c) where the victim is convicted of an offence as provided for in section 161.1, within two years after the day of the conviction.
Subclause 161.1(3)(a)(v), as enacted by section 3, comes into force on the same day that subsection 333.1(1) of the Criminal Code (Canada), as enacted by S.C. 2010, c. 14, comes into force.