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C.C.S.M. c. W200
The Workers Compensation Act
| 1(1) | Definitions |
| (1.1) | Restriction on definition of "accident" |
| (2) | |
| (3) | Restriction on definition of "worker" |
| (4) | Definition of "casual emergency worker" |
| (5) | Deemed employer |
| (6) | Inclusion in powers and duties |
| (7) | Period of employment |
| (8) | Average earnings |
| (9) and (10) | |
| (11) | Trade or business for purposes of Act |
| (12) | Deemed date of accident re occupational disease |
| (12.1) | Deemed date of accident in death |
| (13) | Temporary hiring out of employee |
| PART I | |
| COMPENSATION | |
| 2 | Application of Part I |
| 2.1(1) | Exclusion of industries, employers or workers |
| (2) | Board to consult industries, employers and workers |
| 3 | |
| 4(1) | Compensation payable out of accident fund |
| (1.1) | Payment on day of accident |
| (1.2) | No deduction from benefits |
| (1.3) | Employer fails to comply |
| (2) | Payment of wage loss benefits |
| (3) | Misconduct of worker |
| (4) | Cause of occupational disease |
| (5) | Presumption |
| (5.1) | Definitions |
| (5.2) | Presumption re cancer and firefighters |
| (5.3) | Application of presumption re cancer |
| (5.4) | Additional requirement re lung cancer |
| (5.5) | Effective date of presumption re cancer |
| (5.6) | Presumption re heart injury to firefighters |
| (5.7) | Regulations |
| (6) | |
| (7) | Extra provincial employment |
| (8) | Agreements with other jurisdictions |
| (9) | Compensation for impairment |
| (10) to (12) | |
| 5(1) | Accidents outside province |
| (2) | Where worker employed more than six months outside province |
| (3) | Accident while outside province temporarily |
| (4) | Where employer's place of business outside province |
| (5) | Accidents on ships |
| (6) | Assessment of employer of worker outside province |
| 6(1) | Where compensation payable under law of another jurisdiction |
| (2) | Where election not made |
| (3) | Effect of claims under law of another jurisdiction |
| (4) | Exception if injustice would result |
| 7(1) | Compensation in respect of private employment |
| (2) | Apprentices |
| 8 | |
| 9(1) | Right of action against person other than employer |
| (2) | Disposal of moneys recovered |
| (3) | Compromises must be approved by board |
| (4) | Commencement of action tantamount to notice of claim |
| (5) | Where claim vested in board |
| (6) | |
| (7) | Limitation of right of action |
| (7.1) | Exception of motor vehicle accident |
| (8) | Damages against other employers, workers or directors |
| (9) | Election for minor |
| (10) | Board may file claim for injured worker |
| 9.1 | Assignment of right of action in another jurisdiction |
| 10 | Where judgment exceeds compensation |
| 11 | Principal's duty to see that contractor files statements |
| 12 | Board to decide all claims |
| 13(1) | Compensation to be in lieu of other rights |
| (2) | Minor entitled to compensation |
| 14 | Contracting out of Act forbidden |
| 15 | No deduction from wages by employer, or contribution by workers |
| 16 | Offence and administrative penalty |
| 17(1) | Notice of accident |
| (2) | Contents of notice |
| (3) | Notice of occupational disease |
| (4) | Manner of giving notice |
| (5) | Failure to give notice a bar to any claim |
| 18(1) | Employer to report accident |
| (1.1) | Definition of "business day" |
| (2) | Contents of report and filing |
| (3) | Further reports |
| (4) | Offence and administrative penalty |
| (5) | |
| 18.1(1) | Employer's duty to report worker's return to work |
| (2) | Administrative penalty |
| 19(1) | Application for compensation |
| (2) | Must be filed within one year |
| (3) | Payment of medical aid |
| (4) | Worker's duty to report return to work |
| (5) | Administrative penalty |
| 19.1(1) | Inducing worker not to claim compensation |
| (2) | No discriminatory action |
| (3) | Offence and administrative penalty |
| 20 | Duty of those providing care to an injured worker |
| 20.1 | Medical reports not admissible as evidence |
| 21(1) | Worker to submit to examination |
| (2) | Failure to be examined |
| 22(1) | Worker to co-operate and mitigate |
| (2) | Board may reduce or suspend compensation |
| 23(1) | Wage loss benefits exempt from garnishment order |
| (2) | |
| (3) | Compensation exempt from garnishment, etc. |
| 24(1) | Review of payments by board |
| (2) | Suspension of payment |
| (3) | Payment of suspended compensation |
| (3.1) | Payments to committee or substitute decision maker |
| (4) and (5) | |
| (6) | |
| 25 | |
| 26 | Payment of compensation for minor |
| 27(1) | Provision of medical aid |
| (1.1) | Emergency expenditures |
| (2) | Clothing allowance in certain cases |
| (3) | Compensation for repair, loss, breakage |
| (4) | Wage loss resulting from loss or damage |
| (5) | |
| (6) | Autopsy |
| (7) | Expenses |
| (8) | Medical aid by employers |
| (9) | |
| (10) | Medical aid to be under supervision of board |
| (11) | Fees for medical aid |
| (12) | Worker's personal physician |
| (13) | |
| (14) | Account to be filed within 12 months |
| (15) | |
| (16) | Transportation to hospital and care on journey |
| (17) to (19) | |
| (20) | Academic, vocational, rehabilitative assistance |
| 27.1 | Limit on further claims |
| 27.2 | Agreements with Minister of Health |
| Compensation on Death of Worker | |
| 28(1) | Compensation to dependants of deceased worker |
| (2) | Compensation and costs payable on death of worker |
| 29(1) | Compensation payable to dependants |
| (2) and (3) | |
| (4) | Monthly payments reviewed and indexed |
| (5) | Duration of monthly payments |
| (6) | Exception to subsection (5) |
| (7) | Further exception to subsection (5) |
| (8) | Duration of monthly payments to spouse or common-law partner with children |
| (9) | Extension of monthly payments where hardship |
| (10) | Duration of payments to child under (1)(b) |
| (11) | Duration of payments to dependant under clause (1)(e) |
| (12) | Conversion to annuity |
| 29.1 | |
| 30(1) | Former spouse or common-law partner included |
| (1.1) | Former common-law partner |
| (2) | Limit to payment |
| (3) | Apportionment |
| 31(1) | Limit on amount payable to children |
| (2) | Limit on amount payable to dependants |
| (3) | Apportioned payments under clauses (1)(b) to (e) |
| 32 | Dependant payment ended and adjusted |
| 32.1 | Commutation of payments |
| 33 | Academic or vocational assistance |
| 34 | Eligibility for two monthly payments |
| 35 | Board may require proof respecting dependency |
| Annuities | |
| 36(1) | Where compensation available as annuity |
| (2) | Types of annuity |
| (3) | Financial advice on annuities |
| (4) | Payment on death of annuitant |
| (5) | Disposition of unclaimed annuities |
| 37 | Compensation payable |
| Impairment | |
| 38(1) | Determination of impairment |
| (2) | Calculation of impairment award |
| (3) | |
| (4) | Award calculated as of day of accident |
| (5) | Method of payment |
| (6) | Reconsideration of degree of impairment |
| (7) | |
| (8) | Re-application under subsection (6) |
| (9) | Where worker dies before determination |
| Wage Loss Benefits | |
| 39(1) | Wage loss benefits for loss of earning capacity |
| (2) | Duration of wage loss benefits |
| (3) | Exception re workers 61 years of age or older |
| (4) | Periodic payment of wage loss benefits |
| (5) | Limit to wage loss benefits payable |
| (6) | Earnings at or below the minimum |
| (7) | Exception |
| 39.1 | |
| 39.2(1) | Payment of wages by employer for first 14 days |
| (2) | Exception |
| Loss of Earning Capacity | |
| 40(1) | Calculation of loss of earning capacity |
| (2) | Monthly payments adjusted and indexed |
| (3) | Calculation of net average earnings |
| (4) | Table of net average earnings |
| (5) | Recurrence of loss of earning capacity |
| (6) | Worker's return to employment |
| (7) | Transfer of costs of wage loss benefits |
| Collateral Benefits | |
| 41(1) | Definition of "collateral benefit" |
| (2) | Earning capacity includes collateral benefit |
| (3) | Non-taxable collateral benefit deducted |
| (4) | Collateral benefit in excess of ceiling |
| (5) to (7) | |
| 42(1) | Definitions |
| (2) | Board's contribution to annuity |
| (3) | Worker may contribute to annuity |
| (4) | Establishment of annuity for retirement |
| (5) | |
| (6) | Use of annuity funds |
| (7) | Payment of lump sum instead of annuity |
| (8) | Annuity payment on death of worker |
| (9) | Lump sum converted to annuity |
| (10) | Division of annuity benefits on marriage breakup |
| 43(1) | Group benefit plans and programs |
| (2) | Types of benefit programs |
| (3) | Funding of benefit plan |
| (4) | Voluntary participation in benefit plan |
| (5) | Group life insurance plan |
| (6) | Cost of plan to board |
| 44(1) | Annual adjustment in compensation |
| (2) | Use of rounded figure |
| (3) | Coming into force of regulation |
| 45(1) | Calculation of average earnings |
| (2) | Average earnings includes all employment income |
| (3) | Adjustment of earning capacity |
| (4) | Adjustment of earning capacity based on age |
| (5) | Allocation of additional cost |
| 46(1) | Limitation re maximum annual earnings |
| (2) | Maximum annual earnings set |
| 47(1) | Definition of "industrial average wage" |
| (2) | Annual calculation of ratio |
| (3) | Ratio of 1.06 or less is indexing factor |
| (4) | Cap of 6% on indexing |
| (5) | Ratio may be increased by regulation |
| (6) | Carry forward of excess |
| Periodic Adjustment of Compensation | |
| 48(1) | Definition of "consumer price index" |
| (2) | Annual calculation of ratio |
| (3) | Ratio of 1.06 or less is annual indexing factor |
| (4) | Cap of 6% on annual indexing |
| (5) | Cap may be increased by regulation |
| (6) | Annual calculation of biennial ratio |
| (7) | Ratio of 1.12 or less is biennial indexing factor |
| (8) | Cap of 12% on biennial indexing |
| (9) | Cap may be increased by regulation |
| 49(1) | Adjustment of monthly allowance re death of worker |
| (2) | Adjustment of prior permanent disabilities |
| (3) | Adjustment of temporary disability compensation, etc. |
| (4) | Adjustment of minimum and maximum |
| (5) | Time of adjustments under subsections (3) and (4) |
| 49.1 | Exception re adjustment for person 65 or over |
| 49.2(1) | Deficiency in accident fund |
| (2) | Exception re government guarantee |
| Obligation to Re-employ | |
| 49.3(1) | Obligation to re-employ |
| (2) | Exception |
| (3) | Duration of obligation |
| (4) | Duty to accommodate |
| (5) | Able to perform the essential duties |
| (6) | Able to perform suitable work |
| (7) | Determinations re return to work |
| (8) | Effect of termination |
| (9) | Layoff or termination |
| (10) | Notice of dispute |
| (11) | Resolution of dispute |
| (12) | Mediation |
| (13) | Limitation |
| (14) | Board may determine whether employer fulfills obligation |
| (15) | Failure to comply |
| (16) | Conflict with collective agreement |
| THE WORKERS COMPENSATION BOARD | |
| 50(1) | Board continued |
| (2) | Administration of Act of Canada |
| (3) | Duties under other Acts |
| (4) | |
| (5) | General powers |
| Board of Directors | |
| 50.1 | Consultation regarding appointments |
| 50.2(1) | Board of Directors |
| (2) | C.E.O. is non-voting member |
| (3) | Term of appointment |
| (3.1) | Staggered terms of appointment |
| (3.2) | Eligible for reappointment |
| (3.3) | After term expires |
| (4) | Remuneration |
| 51 | Absence of chairperson |
| 51.1(1) | Functions of Board of Directors |
| (2) | Establishment of committees |
| (3) | Composition of committees |
| (4) | Additional members of the audit and investment committees |
| (5) | Remuneration for audit and investment committee members |
| (6) | Functions of the policy and planning committee |
| (7) | Functions of the audit committee |
| (8) | Functions of the investment committee |
| 52 to 54 | |
| 54.1(1) | Definitions |
| (2) | Prevention promotion, advice to the minister, etc. |
| (3) | Expenditures |
| (4) | Information |
| 55(1) | Powers of board as to witnesses |
| (2) | Depositions |
| 56 | Conflict of interest |
| 57 | Board offices |
| 58(1) | Board meetings |
| (2) | Quorum |
| (3) | Vacancy |
| 59(1) | C.E.O. and other employees |
| (2) | Tenure |
| (3) | Superannuation fund for employees |
| (4) | Contribution to civil service superannuation fund of the province |
| 60(1) | General jurisdiction |
| (2) | Particular jurisdiction |
| (2.1) | Deemed worker and employer |
| (2.2) | No jurisdiction over constitutional questions |
| (2.3) | Application |
| (3) | Review by board |
| (4) | Legal precedent |
| 60.1(1) | Initial determination |
| (2) | Reconsideration by board |
| (3) | Procedure for reconsideration |
| (4) | Reasons upon reconsideration |
| (5) | Appeal to appeal commission |
| 60.2(1) | Establishment of appeal commission |
| (2) | Term of office |
| (2.1) | Eligible for reappointment |
| (3) | Ineligible persons |
| (4) | Remuneration of appeal commissioners |
| (5) | Powers after resignation or expiry of term |
| (6) | Authorization continues until final decision made |
| (7) | Remuneration after resignation or expiry of term |
| 60.3(1) | Panels |
| (2) | Reference to panel |
| (3) | Panel has authority of commission |
| (4) | Sittings of commission or panel |
| (5) | Quorum of panel |
| (6) | Reference to new panel |
| (7) | Decision of panel is that of board |
| 60.4 | Conflict of interest |
| 60.5(1) | |
| (2) | C.A.C. may delegate |
| 60.6 | Costs of commission |
| 60.7 | Practice and procedure |
| 60.8(1) | Jurisdiction of appeal commission |
| (2) | Powers of appeal commission |
| (3) | Further investigation |
| (4) | Representations and new evidence |
| (5) | Decision on appeal |
| (6) | Commission bound by board policies |
| (7) | |
| 60.9(1) | Powers of Board of Directors |
| (2) | Not a further level of appeal |
| (3) | Board may make policies re review |
| 60.10(1) | Reconsideration by appeal commission |
| (2) | Nature of new evidence required |
| (3) | Finality of decision |
| (4) | No general power of reconsideration |
| (5) | Correction of clerical or typographical errors |
| 60.11(1) | Annual report of appeal commission |
| (2) | Tabling report in Assembly |
| 61 | Protection from liability |
| 62 | Board and employees not to be witnesses |
| 63 and 64 | |
| 65 | |
| 66(1) | Reports of officers of board |
| (2) | Powers of officers |
| 67(1) | Definitions |
| (2) | |
| (3) | Reference by board on its discretion |
| (4) | Reference to panel on request of worker |
| (4.1) | Reference to panel on request of employer |
| (5) | Duties of chair |
| (5.1) | Panel may examine, consult |
| (6) | Opinion in writing |
| (7) | Opinion of panel |
| (8) | Dissenting opinion |
| (9) | Composition of medical review panels |
| (10) | Chair of medical review panels |
| (11) | Selection of other members of medical review panel |
| (12) | Failure of parties to select |
| (12.1) | Ineligible physicians |
| (12.2) | Board to select in certain cases |
| (13) | Provision of lists by College of Physicians and Surgeons |
| (14) | |
| (15) | |
| (16) | Remuneration for members of panel |
| (17) | Procedures |
| (18) | |
| 68(1) | Regulations of Board of Directors |
| (2) | Approval of L.G.C. for benefit program regulation |
| (2.1) | Disallowance of regulation by L.G.C. |
| (2.2) | Coming into force of regulation |
| (2.3) | Application of The Regulations Act |
| (3) | Offence and administrative penalty |
| (4) | Board to determine right of action |
| 68.1 | Certified document is evidence |
| 69(1) | Audit of accounts |
| (2) | Special audits |
| (3) | Program audit |
| 70 | Annual report by board |
| 71 | Report to be laid before Assembly |
| 71.1 | Operating plan of board |
| 71.2 | Plan to be laid before Assembly |
| 71.3 | Reports to be referred to committee |
| CONTRIBUTION BY THE PROVINCE | |
| 72 | Provincial assistance to defray expenses |
| ACCIDENT FUND | |
| 73(1) | Accident fund continued |
| (2) | Assessment classes established |
| 74(1) | Optional coverage for firms in excluded industries |
| (2) | |
| (3) | Optional coverage for employers and directors |
| (4) | Compensation to employer, director of corporation |
| 75(1) | Optional coverage for independent contractor |
| (2) | Independent contractor as employee of employer |
| (3) | Meaning of "independent contractor" |
| 75.1(1) | Non-profit or charitable organization and volunteers admitted |
| (2) | Volunteers deemed to be workers |
| (3) | Average earnings |
| (4) | Automatic indexation |
| 76(1) | Application to Crown employees |
| (2) | Workers of agencies of the government |
| (3) | Workers of agency of government before July 11, 1972 |
| (4) | Workers of government agency dealt with separately |
| (5) | Meaning of "agency of the government" |
| 76.1(1) | Schedule of provincially funded industries |
| (2) | Transfer or creation of class |
| 76.2(1) | Schedule of self-insured employers |
| (2) | Withdrawal from schedule |
| (3) | Individual liability |
| (4) | Levy for added compensation for past accidents |
| 76.3(1) | Authority to defer collection of funds |
| (2) | Board may defer collection from self-insurers |
| (3) | Board may require deposit for compensation |
| 76.4 | Deferred funds are receivables |
| 76.5 | Guarantee by the Government of Manitoba |
| 76.6 | Determination of amount payable |
| 76.7 | Added sum for funds |
| 77(1) | Determining persons as workers |
| (1.1) | Regulation may be retroactive |
| (2) | Method of describing class |
| (3) | Average earnings of declared worker |
| (3.1) | Calculation where death or long-term loss |
| (3.2) | Automatic indexation |
| (4) | Rights under this Act in lieu of other rights |
| 77.1(1) | Person in work experience program declared worker |
| (2) | Method of describing class |
| (3) | Average earnings |
| (4) | Automatic indexation |
| (5) | Deemed employer |
| (6) | Period of employment |
| (7) | Determining record and experience of deemed employer |
| 78(1) | Regulations affecting classes of industries |
| (2) | Adjustment of funds |
| 79 | Assignment of industry to class, group |
| 79.1 | Terms and conditions on exclusion |
| 80(1) | Payroll estimates and certified copies |
| (2) | Record of wages |
| (3) | Nature of work |
| (4) | Basis of estimated payroll |
| (4.1) | Insurable earnings for payroll |
| (5) | Offence and administrative penalty |
| (6) | Board may estimate assessment |
| (6.1) | Interest on under-assessment |
| (6.2) | Interest on over-assessment |
| (7) | Continuing liability of employer |
| (8) | Information furnished by municipal officers |
| (9) | Remuneration |
| (10) | Notice of building permits granted |
| 80.1(1) | Waiver of requirement to furnish estimate of payroll |
| (2) | Certain parts of Act do not apply |
| (3) | Assessments based upon actual payroll |
| (4) | Time for payment |
| (5) | Liability for interest |
| (6) | Revocation of waiver |
| 81(1) | Annual assessment for accident fund |
| (1.1) | Deferred collection of future payments |
| (2) | Transfer from stabilization fund |
| (2.1) | Reinsurance against disaster |
| (3) | How assessment to be made |
| (4) | Collection of assessments |
| (5) | Deficiency in assessments |
| (6) | Notice to employer of assessment due |
| (7) | Giving of notice |
| (7.1) | Giving notice of assessment to employers |
| (7.2) | Board may revise assessment on notice |
| (7.3) | Basis of employer's payment of assessments |
| (8) | Levies for increases in compensation |
| (9) | Minimum assessment |
| 81.1(1) | Definition |
| (2) | Certificate required on disposition of business enterprise |
| (3) | Delivery of certificate to purchaser |
| (4) | Effect on purchaser of no certificate |
| 82(1) | Rates for kinds of employment in same class |
| (2) | Reduced assessments and refunds |
| (3) | Increased and additional assessments |
| (4) | Determination of experience |
| (5) | Transfer of cost to other class where negligence |
| (6) | Assessment reduction |
| (7) | Assessment surcharge |
| (8) | Finality of assessments |
| 83(1) | Security by employer in certain cases |
| (2) | Judge may restrain employer where no payment |
| 84 | Assessment respecting grant |
| 84.1(1) | Grant to government for expenses |
| (2) | Annual increase in grant |
| 85(1) | Collection of assessments by board |
| (2) | Certificate of default filed in court |
| 85.1 | Prohibition from carrying on business |
| 85.2(1) | Liability of directors for money owing |
| (2) | Contribution by other directors |
| 86(1) | Penalty for failure to make returns |
| (2) | Penalty for failure to pay assessment |
| (3) | Relief from penalties |
| (4) | |
| 87 | Separate accounts for each class or fund |
| 88(1) | Annual adjustment of assessment |
| (2) | Change in ownership of undertaking |
| 89(1) | Work done for municipal corporation under contract |
| (2) | Right of principal as against contractor |
| (3) | Contractor as principal |
| 90(1) | Liability of contractor and principal |
| (2) | Liability of sub-contractor and contractor |
| 91 | |
| 92 | |
| 93 | |
| 94(1) | Accounting system and inspection |
| (2) | Investment of excess funds |
| (3) to (5) | |
| 95 | |
| 96 | Advance out of Consolidated Fund |
| 97(1) | Authority for temporary borrowing |
| (2) | Guarantee |
| (3) | Minister of Finance's approval |
| 97.1(1) | Research and safety programs |
| (2) | Allocation of cost |
| 98(1) | Returns from industry commenced after prescribed date |
| (2) | Offence and administrative penalty |
| 99(1) | Definition of "employer" |
| (2) | Examination of books of employer |
| (3) | Notice to employer |
| 100(1) | Right of entry |
| (2) | Removal of document or thing |
| (3) | Application to court |
| (4) | Offence |
| 101(1) | Information obtained not to be divulged |
| (1.1) | Information for reconsideration, appeal |
| (1.2) | Employer's access to information |
| (1.3) | Application of subsections 101(1.1) and (1.2) |
| (1.4) | Notice of request for access |
| (1.5) | Review of decision by C.A.C. |
| (1.6) | Board may charge fee for copy |
| (1.7) | Copy of documents without charge |
| (2) | Access to files |
| (3) | Files to remain on board premises |
| (4) | Individuals not be named |
| (5) | Secrecy to be maintained |
| (6) | Powers of committee |
| (7) | Offence |
| 102 | |
| 103 | |
| 104(1) | Definition of "security interest" |
| (2) | Board's charge on employer's property |
| (3) | Priority of board's charge |
| (4) | Exception for inventory |
| 104.1(1) | Registration of statement in L.T.O. |
| (2) | Effect of registration |
| 105 | Allocation of cost of occupational disease |
| 106 | |
| 107 | |
| 108(1) | Appointment of worker adviser and staff |
| (2) | Duties of worker advisers |
| (3) | |
| (4) | Access to information |
| 108.1(1) | Appointment of Fair Practices Advocate |
| (2) | Report to the Board of Directors |
| (3) | Fair Practices Advocate may investigate and recommend |
| 109 | Enlargement of time limited for applications |
| 109.1(1) | Offence |
| (2) to (5) | |
| 109.2 | Recovery of overpayments |
| 109.3 | Right of set off |
| 109.4 | Commutation of past pensions |
| 109.5(1) | Board may delegate to agent |
| (2) | Nature of delegation |
| (3) | Agent's access to information |
| (4) | Request for reconsideration by board |
| (5) | Expenses paid from accident fund |
| 109.6(1) | Fines for offences |
| (2) | Offence under subsection 109.1(1) |
| (3) | Offence by corporation |
| (4) | Continuing offence |
| (5) | Restitution |
| (6) | Order filed in court |
| (7) | Limitation on prosecution |
| (8) | Rights not affected by prosecution |
| (9) | Certificate as proof |
| 109.7(1) | Administrative penalty |
| (2) | No offence to be charged if penalty paid |
| (3) | Relief from penalty |
| (4) | Enforcement of penalty |
| 109.8 | Service or filing of documents with the board |
| PART II | |
| GENERAL | |
| 110 | Application of sections 111 to 113 |
| 111(1) | Liability of employer |
| (2) | Liability of person supplying defective ways, work |
| (3) | Saving |
| (4) | Continuing in employment with knowledge of defect |
| 112 | Common law rules superseded |
| 113 | Contributory negligence |
| 114 | |
| 115(1) | Review of this Act |
| (2) | Review committee |
| (3) | Report to minister |
| 116 | Conflict with The Freedom of Information and Protection of Privacy Act |
| SCHEDULE |