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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| (3) | Repealed | |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 |
| (2) | Notifying corporation about suspensions and cancellations | |
| (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 | |