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The Workers Compensation Act
This is an unofficial archived version of The Workers Compensation Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. W200

The Workers Compensation Act

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

Definitions.

1(1)

In this Act,

"accident" means, subject to subsection (12), a chance event occasioned by a physical or natural cause; but also includes

(a) a wilful and intentional act that is not the act of the worker, and

(b) any

(i) event arising out of, and in the course of, employment, or

(ii) thing that is done and the doing of which arises out of, and in the course of, employment, and

(c) conditions in a place where an industrial process, trade, or occupation is carried on, that occasion a disease,

and as a result of which a worker is disabled; ("accident")

"accident fund" means the fund provided for the payment of compensation, outlays, and expenses, under Part I of this Act; (" Caisse des accidents")

"board" means The Workers Compensation Board continued by this Act; ("Commission" )

"child" includes a child of a child and the child of a husband or wife by a former marriage, as well as any other child to whom the worker stood in loco parentis; ("enfant")

"construction" includes reconstruction, repair, alteration, and demolition; ("construction" )

"dependents" means those members of the family of a worker who were wholly or partly dependent upon his earnings at the time of his death or who, but for the incapacity due to the accident of the worker would have been so dependent, but a person shall be deemed not to be partially dependent upon the earnings of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessaries of life; ("personnes à charge")

"employer" includes every person having in his service under a contract for hiring or apprenticeship, written or oral, expressed or implied, any person engaged in any work in or about an industry, or who employs a person in domestic service for more than 24 hours a week except a person described in clause (3)(c), including the Crown in right of the province as well as municipal corporations, boards, and commissions, having the management and conduct of any work or service owned by or operated for a municipal corporation, or by or for the Government of Manitoba, and also includes a person whom the board has determined, under subsection 60(2), to be an employer for the purposes of Part I, the government in the case of a person declared to be a worker under section 77 and any person who authorizes or permits a learner to be in or about an industry for the purpose mentioned in the definition "learner" and where the services of a worker are temporarily let or hired to another person by the person with whom the worker has entered into such contract, the latter shall be deemed to continue to be the employer of the worker whilst he is working for that other person; ("employeur")

"employment" includes employment in an industry or any part, branch, or department, of an industry; ("emploi")

"executive officer of a corporation" means the president of the corporation, the chairman of the board of directors of the corporation, a vice-president of the corporation, the secretary of the corporation, an assistant secretary of the corporation, the treasurer of the corporation, an assistant treasurer of the corporation, or a director of the corporation; ("dirigeant d'une corporation" )

"industrial disease" means any disease that is peculiar to, or characteristic of, an industrial process, trade, or occupation to which Part I applies; ("maladie professionnelle")

"industry" includes establishment, undertaking, trade, and business and the business done or work carried on by or under the Crown or a municipality; ("industrie")

"invalid" means physically or mentally incapable of earning; ("invalide")

"investment committee" means The Workers Compensation Board Investment Committee for which provision is made in section 95; ("Comité de placement")

"learner" means any person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry within the scope of Part I for the purpose of undergoing training or probationary work as a preliminary to employment; ("stagiaire" )

"manufacturing" includes altering, repairing, making, preparing, ornamenting, printing, finishing, packing, assembling the parts of, and adapting for use or sale, any article or commodity; ("fabrication")

"medical referee" means a medical referee appointed by the board; ("arbitre médical" )

"member of the family" means a wife, husband, parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, halfbrother, or half-sister, or a person who stood in loco parentis to the worker or to whom the worker stood in loco parentis, whether related to him by consanguinity or not so related; ("membre de la famille")

"municipal corporation" means a municipality, a local government district, an incorporated community established under The Northern Affairs Act, an unincorporated local committee established under The Northern Affairs Act or an unincorporated community council elected under The Northern Affairs Act; ("corporation municipale")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"out worker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the articles or materials; ("ouvrier indépendant")

"physician" means a duly qualified medical practitioner who is lawfully and regularly engaged in the practice of his profession in Manitoba; ("médecin")

"worker or workman" includes a person, whether under the age of 18 years or not, who has entered into or works under a contract of service or apprenticeship, written or oral, expressed or implied, whether by way of manual labour or otherwise, and also includes

(a) a learner,

(b) a member of a municipal volunteer fire brigade or a member of a municipal or community voluntary ambulance service,

(c) a person ordered under section 15 of The Fires Prevention Act to assist in extinguishing a forest, brush, or grass fire, (d) a person assisting in fighting any fire under the direction of a fire guardian, conservation officer, or the chief or head of a municipal fire department of fire brigade or a municipal volunteer fire brigade,

(e) a person whom the board has determined, under subsection 60(2), to be a worker for the purposes of Part I,

(f) an employer who has been admitted by the board as being within the scope of Part I under subsection 74(3),

(g) an independent contractor who has been admitted by the board as being within the scope of Part I under section 75,

(h) an executive officer of a corporation in respect of whom a request has been made under clause (3)(a) and whose name appears on the latest payroll report submitted by the corporation,

(i) a member of the family of an employer in respect of whom an application has been made and approved under subsection 74(4),

(j) a person or a member of a class of persons declared to be a worker under section 77, and

(k) a person employed in domestic service who is employed for more than 24 hours a week by the same employer,

but when used in Part I does not include an out worker. ("ouvrier")

Employer of municipal volunteer fire brigade or ambulance service.

1(2)

For the purposes of this Act, a municipal corporation shall be deemed to be the employer of a member of a municipal volunteer fire brigade or of a member of a municipal or community voluntary ambulance service, as the case may be, and the employment shall be deemed to be included in the exercise and performance of the powers and duties of the corporation.

Restriction on definition of "worker".

1(3)

The definition "worker" in subsection (1) shall, for the purpose of Part I, be deemed not to include

(a) an executive officer of a corporation unless he is designated by name in the last payroll report submitted to the board by the corporation, and a request is made by the employer that the executive officer of the corporation be included as a worker for the purposes of Part I; or

(b) members of the family of an employer who are employed by him and dwell with him as members of his household, unless application to have them brought within the scope of Part I has been received and approved by the board; or

(c) a person employed in a private family home and paid by a member of that family where the person is employed as a sitter to attend primarily to the needs of a child who is a member of the household or as a companion to attend primarily to the needs of an aged, infirm or ill member of the household.

"Member of a municipal volunteer fire brigade", defined.

1(4)

The expression "member of a municipal volunteer fire brigade" means a person whose membership in a municipal volunteer fire brigade has been approved either by the chief of the department, or by the municipal corporation or a duly authorized officer thereof; and, for the purposes of this Act, his average earnings shall be deemed to be the same in amount as his average earnings at his regular employment, but, in any case, not less than $693. per month or more than the maximum annual earnings established under section 46.

"Member of a municipal or community voluntary ambulance service" defined.

1(5)

The expression "member of a municipal or community voluntary ambulance service" means a person whose membership in the ambulance service has been approved either by the chief officer of the ambulance service or by the municipal corporation or a duly authorized officer thereof; and for the purposes of this Act, his average earnings shall be deemed to be the same in amount as his average earnings at his regular employment, but, in any case, not less than $693. per month or more than the maximum annual earnings established under section 46.

Average earnings of fire fighters.

1(6)

For the purposes of this Act, the average earnings of a person ordered under section 15 of The Fires Prevention Act to assist in extinguishing a forest, brush, or grass fire, or a person assisting in fighting a fire under the direction of a fire guardian, conservation officer, or the chief or head of a municipal fire department or fire brigade or a municipal volunteer fire brigade, shall be deemed to be the same in amount as his average earnings at his regular employment; but, in any case, not less than $693. per month or more than the maximum annual earnings established under section 46.

Period of employment of member of volunteer fire brigade.

1(7)

A member of a municipal volunteer fire brigade shall be deemed to begin each period of employment as such at the time when he receives a notification, by any means, of an alarm of a fire or emergency, and in those cases includes the time of travel to the fire station, fire scene or the site of the emergency where he performs his duty; and he shall be deemed to finish that period of employment when, after being released from duty, he returns to the place where he was when he received the notification or to his home or to his place of regular employment or to any place for treatment, refreshment or recreation.

Period of employment of member of ambulance service.

1(8)

A member of a municipal or community voluntary ambulance service shall be deemed to begin each period of employment as such at the time when he receives a notification, by any means, of the need of ambulance services, and in those cases includes the time of travel to the place where the ambulance is stationed, or the site of an emergency where ambulance services are required; and he shall be deemed to finish that period of employment when, after the ambulance services have been provided, he leaves the ambulance at the place that it is usually stationed, or if he has not been with the ambulance, when his services at the site of an emergency are no longer required.

Period of employment of fire fighter.

1(9)

A person ordered under section 15 of The Fires Prevention Act to assist in extinguishing a forest, brush, or grass fire, shall be deemed to begin employment with the government in that capacity at the time when he is so ordered, and he shall be deemed to finish that employment in that capacity when pursuant to orders, or with permission, of the fire guardian or conservation officer in charge, he ceases assisting in extinguishing the forest, brush, or grass fire.

Person assisting in fighting fire.

1(10)

A person assisting in fighting a fire under the direction of a fire guardian, conservation officer, or the chief or head of a municipal fire department or fire brigade or a municipal volunteer fire brigade, shall be deemed to begin employment with the government or the municipality, as the case may be, in that capacity at the time when the fire guardian, conservation officer, or the chief or head of the municipal fire department or fire brigade or municipal volunteer fire brigade, as the case may be, first gives direction to the assistance of that person; and he shall be deemed to finish that employment in that capacity when the fire guardian, conservation officer, or the chief or head of the municipal fire department or fire brigade or municipal volunteer fire brigade, as the case may be, ceases to give direction to the assistance, or directs him to cease giving the assistance.

Trade or business for purposes of Act.

1(11)

The exercise and performance of the powers and duties of

(a) a municipal corporation;

(b) any commission or board having the management and conduct of any work or service owned or operated by a municipal corporation or by or for the Government of Manitoba;

(c) a school board, school area, or school division; shall for the purposes of this Act be deemed the trade or business of the corporation, commission, board, or school board.

Date of accident in case of disease.

1(12)

Where the disablement of a worker is caused by an industrial disease, the date of the beginning of the disablement shall be deemed to be the date of the accident.

PART I

COMPENSATION

Application of Part I.

2

This Part applies to

(a) the industries that, under section 73, are within the scope of this Part for the purposes of assessment;

(b) industries that, under section 74, are admitted as being within the scope of this Part;

(c) industries that are included within the application of this Part under section 92 or 93;

(d) industrial processes, trades and occupations, carried on in industries to which reference is made in clause (a), (b) or (c);

(e) workers who are employed in industries to which reference is made in clause (a), (b) or (c);

(f) workers brought within the application of this Part under section 3:

(g) workers, employers, dependants of employers, and independent contractors who, under section 74 or 75, are admitted as being within the scope of this Part;

(h) persons who are declared to be workers under section 77.

Application of Part I to farm labourers, etc.

3

This Part does not apply to farm labourers, but the board may, by its order, bring any such employee within the application of this Act upon the application of his employer.

Compensation payable out of accident fund.

4(1)

Where, in any industry within the scope of this Part, personal injury by accident arising out of and in the course of the employment is caused to a worker, compensation as provided by this Part shall be paid by the board out of the accident fund, subject to the following subsections.

Limitation on compensation payable.

4(2)

Where an injury does not disable the worker during any period after the day on which the accident occurs, no compensation other than medical aid is payable; but if the injury disables the worker during any working day after the day on which the accident occurs, compensation is payable from and including the working day next following the day on which the accident occurs.

Misconduct

4(3)

Where the injury is attributable solely to the serious and wilful misconduct of the worker, no compensation shall be payable unless the injury results in death or serious or permanent disability.

Proportional compensation in certain cases.

4(4)

Where the personal injury consists of a disease, in part due to the employment and in part due to causes other than the employment, the compensation paid shall be the same proportion of the whole of the compensation that would have been payable had the personal injury been wholly due to the employment as the part of the personal injury that is due to the employment is of the whole of the personal injury.

Presumption.

4(5)

Where the accident arises out of the employment, unless the contrary is proven, it shall be presumed that it occurred in the course of the employment; and, where the accident occurs in the course of the employment, unless the contrary is proven, it shall be presumed that it arose out of the employment.

Casual employment.

4(6)

This section does not apply to a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business.

Extra provincial employment.

4(7)

Subject to any agreement made under subsection (8), and to section 5, no compensation is payable under this Part where the accident to the worker happens elsewhere than within the province.

Inter-provincial agreements.

4(8)

To avoid duplication of assessment to which an employer may be liable on the earnings of workers who are employed partly within Manitoba and partly within another province or territory of Canada, the board may enter into agreements with The Workmen's Compensation authority or Workers Compensation authority of that other province or territory respecting equitable adjustments of assessments and may reimburse that authority for any payment of compensation, rehabilitation or medical aid made by it under the agreement, and may, in order to give effect to the agreement, relieve the employer from assessment or reduce the amount thereof; and any agreement made under this subsection supersedes the provisions of this Act to the extent necessary to give full effect to the agreement.

Permanent disability.

4(9)

The board may award compensation under this Part in respect of the permanent disability suffered by a worker but without temporary total disability.

When compensation for hernia payable.

4(10)

No compensation is payable in respect of hernia, unless

(a) it is clinical hernia of disabling character and of recent primary demonstrability ; and

(b) the onset thereof can be shown to have been immediately preceded by a strain or other accident; and

(c) if an operation to effect a cure is deemed surgically advisable, it is performed within two weeks from the time that the board recommends that such an operation be performed.

Compensation where operation recommended.

4(11)

If the worker does not submit himself to be operated on for radical cure for hernia within a period of two weeks from the time when the board recommends that such an operation be performed, compensation ceases to be payable on the expiry of that period; but, if compensation would otherwise be payable, it shall be paid until the expiry of that period.

Claim respecting strangulated or aggravated hernia.

4(12)

Notwithstanding anything in this section, in the case of a pre-existent hernia that has become strangulated or seriously aggravated by strain or accident arising out of, and in the course of, the employment or if there has been excusable failure on the part of the worker to make a report respecting the hernia or any strangulation or aggravation thereof caused by strain or accident arising out of and in the course of the employment, the board may order payment of the claim or any part of the claim if it is of the opinion that the claim is a just one and ought to be allowed.

Accidents outside province.

5(1)

Where

(a) the place of business or chief place of business of the employer is situated within the province;

(b) both the residence of the worker and the place where the worker usually works for the employer are within the province;

(c) an accident happens while the worker is employed outside the province; and

(d) his employment outside the province has lasted less than six months;

the worker is or his dependants are entitled to compensation under this Part in the same manner and to the same extent as if the accident had happened within the province.

Where worker employed more than six months outside province.

5(2)

Where

(a) the place of business or chief place of business of the employer is situated within the province:

(b) both the residence and the place where the worker usually works for the employer are within the province; and

(c) the employment of the worker outside the province lasts or is likely to last for six or more months;

the employer may apply to the board to be assessed on the earnings of the worker and, if the application is approved by the board and if the worker is injured by accident happening outside the province, the worker is or his dependants are entitled to compensation under this Part in the same manner and to the same extent as if the accident had happened within the province.

Accident while outside province temporarily.

5(3)

Where the place of business or the chief place of business of the employer is situated within the province and the residence of the worker is outside the province but the place where the worker usually works for the employer is within the province, and an accident happens while the worker is outside the province merely for some temporary purpose connected with his employment, the worker is or his dependants are entitled to compensation under this Part in the same manner and to the same extent as if the accident had happened within the province.

Where employer's place of business outside province.

5(4)

Where

(a) an accident happens outside the province;

(b) the employer's place of business or chief place of business is situated outside the province; and

(c) the worker is entitled to compensation under the law of the place where the accident happened;

compensation is not payable to the worker or his dependants whether his residence is in or outside the province unless his usual place of employment is within the province and he is at the time of the accident outside the province merely for some casual or incidental purpose connected with his employment.

Accidents on ships, etc.

5(5)

Where

(a) an accident happens outside the province in connection with the operation of a steamboat, ship or vessel, or of a railway, or of an aircraft, or of a truck, bus or other vehicle used in the transportation of passengers or of any goods or substance;

(b) the residence of the worker is within the province; and

(c) the work or service performed by him is required to be performed both within and outside the province;

the worker is or his dependants are entitled to compensation under this Part as if the accident had happened within the province.

Assessment of employer of worker outside province.

5(6)

Where a worker is employed outside the province and the circumstances of

(a) the place of business or chief place of business of the employer of the worker;

(b) the residence of the worker; and

(c) the usual place of work of the worker;

are such that if an accident happened while the worker was employed outside the province, he or his dependants are entitled to compensation as if the accident had happened within the province, the employer shall, unless he is relieved from assessment under an agreement made under subsection 4(8), declare and be assessed on the earnings of the worker in the same way and in the same amounts as though the worker was employed within the province.

Where compensation payable under law of another jurisdiction.

6(1)

Where by the law of a country or place in which an accident happens, a worker or a dependant of the worker is entitled to compensation in respect of the accident, the worker or the dependant, within three months after the happening of the accident or, where the accident results in death, within three months after the death, or within such longer period as either before or after the expiration of the three months the board may allow, shall elect whether to claim compensation under the law of the country or the place in which the accident happened or under this Part and shall give notice in writing of the election to the board.

Where election not made.

6(2)

Where an election is not made or notice is not given under subsection (1) it shall be presumed that the worker or the dependant, as the case may be, has elected not to claim compensation under this Part.

Effect of claims under law of another jurisdiction.

6(3)

Where a person who would, except for this section, be entitled to claim compensation under this Part in respect of an injury or a death arising out of an accident, makes an application for, or claims, or elects to claim, compensation in respect of the injury or death under the law of another country or province, or is presumed under subsection (2) to have elected not to claim compensation under this Part in respect of the injury or death, he is no longer entitled to claim or receive compensation under this Part in respect of the injury or death.

Compensation in respect of private employment.

7(1)

Where a worker engaged in an industry to which this Part applies is required by his employer, or by an officer of the employer having direction and control of the work of the worker in the industry, to do work or perform services outside the scope of his employment and for the personal benefit of the employer or the officer, if personal injury by accident arising out of and in the course of the doing of the work or performance of the services is caused to the worker, the personal injury shall be deemed to be personal injury to which subsection 4(1) applies, and the worker is entitled to receive compensation from the accident fund accordingly as herein provided.

Apprentices.

7(2)

Where an apprentice in an industry to which this Part applies is attending a course of instruction which he is required to take under The Apprenticeship and Trades Qualifications Act or the regulations made thereunder, if personal injury by accident arising out of and in the course of the attendance at the course of instruction is caused to the apprentice,

(a) the personal injury shall be deemed to be personal injury to which subsection 4(1) applies;

(b) the apprentice shall be deemed to be a worker while attending the course of instruction and he is entitled to receive compensation from the accident fund accordingly as herein provided;

(c) the person to whom he is apprenticed under an agreement of apprenticeship shall be deemed to be his employer at the time that the accident occurred; and

(d) the rate of wages that would have been payable to the apprentice under the agreement of apprenticeship if he had been working for his employer at the time that the accident occurred shall be deemed to be the rate of wages of the apprentice at the time the accident occurred.

Non-resident when entitled to compensation.

8(1)

Where a dependant is not a resident of Manitoba, he is not entitled to compensation unless, by the law of the place or country in which he resides, the dependants of a worker to whom an accident happens in that place or country if resident in Manitoba would be entitled to compensation; and where the dependants would be entitled to compensation under that law, the compensation to which the non-resident dependant is entitled under this Part is not greater than the compensation payable in the like case under that law.

Award by board.

8(2)

Notwithstanding subsection (1), the board may award such compensation or sum in lieu of compensation to any such non-resident dependant as may be deemed proper and may pay the same out of the accident fund.

Right of action against person other than employer.

9(1)

Where an accident happens to a worker in the course of his employment under such circumstances as entitle him or his dependants to an action against some person other than his employer, the worker or his dependants, if entitled to compensation under this Part, may claim the compensation or may bring such an action.

Disposal of moneys recovered.

9(2)

Where an action is brought and less is recovered and collected than the amount of the compensation to which the worker or his dependants are entitled under this Part, the difference between the amount recovered and collected and the amount of the compensation is payable as compensation to the worker or his dependants; but the board has the right to require that any money recovered and collected in the action shall, when it is less than the amount of the compensation to which the worker or his dependants are entitled under this Part, be paid over to, and deposited with, the board, to be kept and applied in or towards payment of the monthly or other periodical sums awarded or to be awarded as compensation under this Part.

Compromises must be approved by board.

9(3)

A compromise settlement of any action or cause of action by the worker or his dependants at an amount less than the compensation provided for herein shall be made only with the written approval of the board.

Commencement of action tantamount to notice of claim.

9(4)

For the purpose of this section, the commencement of an action in the Court of Queen's Bench shall be deemed the filing of a claim for compensation hereunder in the event of a failure by the plaintiff to recover by the action a sum equal to, or greater than, what would have been awarded had the action not been brought and claim made hereunder.

Where claim vested in board.

9(5)

Where a worker or dependant makes application to the board claiming compensation under this Part, which claim is thereafter approved by the board, any right of action for or in respect of a personal injury to, or the death of, the worker which the worker, or his legal personal representative or dependant, may have been entitled to maintain against a person other than his employer under subsection (1), immediately on approval of the claim by the board, becomes vested in the board; and the board may enter action in its name or in the name of the injured person, or his legal personal representative or dependant, or jointly with the injured person, or his legal personal representative or dependant, against the other person for the whole or any outstanding part of the claim of the worker, or his legal personal representative or dependant, against the other person for or in respect of the personal injury to, or the death of, the worker.

Right of action by government.

9(6)

Where a worker who is an employee of the government or of an agency of the government as defined in subsection 76(5), or a dependant of such a worker, makes an application that is approved as mentioned in subsection (5), if the government or agency of the government provides, or has provided, to the worker a salary, payment, benefit, gratuity, or other allowance of any of the kinds to which reference is made in section 48, the government or agency of the government, as the case may be, may maintain an action, for the amount or cost of the emolument or perquisite provided, against any person against whom the worker or his legal personal representative or dependant could, or but for this section could, maintain an action for or in respect of personal injury to, or the death of, the worker arising out of the accident in respect to which the claim for compensation is made; and the action may be brought separately by the government or agency of the government or jointly with any action that may be brought by the board in respect of the same accident.

Limitation of right of action.

9(7)

In any case within subsection (1), neither the worker, nor his legal personal representative, nor his dependants, nor the employer of the worker, has any right of action in respect of the accident against an employer in any industry within the scope of this Part or against any worker of such an employer (unless the accident occurred otherwise than in the conduct of the operations usual in, or incidental to, the industry carried on by the employer); and in any such case where it appears, to the satisfaction of the board, that a worker of an employer in any class is injured owing to the negligence of an employer or of the worker of an employer in another class within the scope of this Part, the board may direct that the compensation awarded in the case, or such portion of the compensation as the board deems just and equitable, shall be charged against the last mentioned class.

Damages against other employers or workers.

9(8)

Where an action is brought by a worker or his dependants in circumstances to which subsection (1) applies, or by the board under subsection (5), and one or more of the persons found to be at fault or negligent is an employer in any industry within the scope of this Part or a worker of such an employer, unless the accident occurred otherwise than in the conduct of the operations usual in, or incidental to, the industry carried on by the employer, no damages, contribution or indemnity are recoverable for the portion of the loss or damage caused by the fault or negligence of the employer or worker, and the portion of the loss or damage so caused by the fault or negligence of the employer or worker shall be determined although the employer or worker is not a party to the action.

Election for minor.

9(9)

Where the person required to make an election under this section is under the age of 18 years, his guardian may make the election for him without the necessity of applying to any court or judge for directions in respect thereto.

Board may file claim for injured worker.

9(10)

Where an injured worker with right of election hereunder is deemed in need of immediate special care or operation, the board, even though the injured worker has not filed a claim or made election, may direct it to be given or done; and the cost thereof is a first charge against any sum recovered by the injured worker in any action brought by him.

Where judgment exceeds compensation.

10

Where the board recovers moneys under a judgment against any person or under a settlement in respect of an injury or accident that occurred after June 30, 1974, and that resulted in an award of compensation being made under this Act to the injured person or his dependants, if the amount recovered exceeds the value of the award of compensation and costs reasonably incurred by the board in obtaining and recovering under the judgment or settlement, the board shall pay the excess to the injured person or his dependants, as the case requires; but if thereafter the board increases the award of compensation for any reason other than a statutory increase in benefits pursuant to an amendment to this Act, the increase in the award shall be reduced by the value of the amount paid to the injured person or his dependants.

Principal's duty to see that contractor files statements.

11

Where a person, whether carrying on an industry included within the scope of this Part or not, in this section referred to as the "principal", contracts with any other person for the execution, by or under the contractor, of the whole or any part of any work for the principal, the principal shall see that the contractor files the statements and declarations required by this Part; and, if any principal fails to do so, he is liable to the penalties provided by section 80.

No action for compensation.

12

No action lies for the recovery of the compensation; but all claims for compensation shall be heard and determined by the board without the intervention of counsel or solicitors on either side except with the express permission of the board.

Compensation to be in lieu of other rights.

13(1)

The right to compensation provided by this Part is in lieu of all rights and rights of action, statutory or otherwise, to which a worker, or his legal personal representative, or his dependants, are or may be entitled against the employer, for or by reason of personal injury to, or the death of, the worker occasioned by any accident which happens to him arising out of, and in the course of, his employment; and no action in any court of law against the employer in respect thereof thereafter lies.

Minor entitled to compensation.

13(2)

A worker under the age of 18 years and working at an age, and in an employment, permitted under the laws of the province shall be deemed sui juris for the purpose of this Part; and no other person has any cause of action or right to compensation for an injury to the worker except as expressly provided in this Part.

Contracting out of Act forbidden.

14

It is not competent for a worker to agree with his employer to waive or forego any of the benefits to which he or his dependants are or may become entitled under this Part; and every agreement to that end is void.

No deduction from wages by employer, or contribution by workers.

15

Except as provided in this Act, an employer shall not, either directly or indirectly, deduct from the wages of his worker any part of any sum that the employer is or may become liable to pay into the accident fund or otherwise under this Part, or require or permit any of his workers to contribute in any manner towards indemnifying the employer against any liability that he has incurred or may incur under this Part.

Penalty.

16

Every person who contravenes any provision of section 15 is guilty of an offence and is liable, on summary conviction, for every such contravention to a fine not exceeding $50., and is also liable to repay to the worker any sum that has been deducted from his wages or that he has been required or permitted to pay in contravention of section 15.

Notice of accident

17(1)

In every case of injury to a worker by accident in any industry within the scope of this Part, the worker, or in the case of his death, a dependant, shall, as soon as practicable, but in any case not later than 30 days after the happening of the accident, give notice thereof to the employer.

Contents of notice.

17(2)

The notice shall be in writing and contain the name and address of the worker, and state in ordinary language the nature and cause of the injury and the time when, and place where, the accident occurred, and shall be signed by the injured worker or some person on his behalf, or, in case of death, by any one or more of his dependants or by a person on their behalf.

Notice of industrial disease.

17(3)

In the case of an industrial disease, the employer to whom notice of death, disability, or suspension from employment, is to be given is the employer who last employed the worker in the employment to the nature of which the disease was due.

Manner of giving notice.

17(4)

The notice may be served upon the employer, or upon any one employer if there are more employers than one, or upon any officer or agent of the corporation if the employer is a corporation, or upon any agent of the employer in charge of the business in the place where the injury occurred, by delivering it to the person upon whom it is to be served, or leaving it at his residence or place of business, or by sending it by registered mail addressed to him at his last known residence or place of business.

Failure to give notice a bar to any claim.

17(5)

Failure to give the notice required by virtue of this section, unless excused by the board, on the ground

(a) that notice for some sufficient reason could not have been given; or

(b) that the employer or his superintendent or agent in charge of the work where the accident happened had knowledge of the injury; or

(c) that the board is of opinion that the claim is a just one and ought to be allowed;

is a bar to any claim for compensation under this Part.

Employer to report accident.

18(1)

In case of accident to a worker in his employment, every employer shall, within three days

(a) from the day upon which the worker reports the occurrence to him; or

(b) from the day when he otherwise learns of it; whichever day is earlier, report the accident and the injury resulting therefrom to the board, and also to any local representative of the board at the place where the accident occurred.

Contents of report and mailing.

18(2)

The report shall be in writing, and state

(a) the name and address of the worker and the nature of the industry in which he was employed;

(b) the time when and place where the accident occurred;

(c) the cause and nature of the accident and injury;

(d) the name and address of the physician by whom the worker was or is being attended for the injury; and

(e) any other particulars required by the board; and may be made by mailing copies thereof addressed to the board and to the local representative at their usual addresses respectively, postage prepaid.

Further reports.

18(3)

The employer shall make such further and other reports respecting the accident and worker as may be required by the board.

Penalty.

18(4)

Every employer who fails to make any report required under this section, unless excused by the board on the grounds that the report for some sufficient reason could not have been made, shall pay to the board one half of the full amount or capitalized value, as determined by the board, of the compensation payable with respect to the accident in respect of which the failure relates; and the payment of the amount payable under this subsection may be enforced in the same manner as the payment of any assessment made under this Act may be enforced.

Relief from penalty.

18(5)

Notwithstanding subsection (4), the board, if it is satisfied that the failure to make a report required under this section was excusable, may relieve the employer in whole or in part from liability under subsection (4).

Application for compensation.

19(1)

Where a worker or dependant is entitled to compensation under this Part, he shall file with the board an application for the compensation, together with the certificate of the physician, if any, who attended the worker, in the form prescribed by the board for that purpose, and such further or other proofs of his claim as may be required by the regulations or by the board.

Must be filed within one year.

19(2)

Subject to section 109, unless application for the compensation is filed

(a) within one year after the day upon which the injury occurred; or

(b) in case the applicant is a dependant, within one year after the death of the worker:

no compensation in respect of any injury is payable under this Part.

Payment of medical aid.

19(3)

The board may, on proof of the accident from the employer and medical attendant, pay for the medical aid rendered without formal claim thereto being filed by the worker.

Duty of attending physician.

20

Every physician attending or consulting upon any case of injury to a worker by accident in any industry within the scope of this Part shall

(a) furnish such reports in respect of the injury in such form as may be required by the regulations or by the board: and

(b) give all reasonable and necessary information, advice, and assistance, to the injured worker and his dependants in making application for compensation, and in furnishing in connection therewith such certificates and proofs as may be required, without charge to the worker.

Worker must submit to medical examination.

21(1)

Every worker who applies for, or is in receipt of, compensation under this Part, if required by the board, shall submit himself to medical examination in accordance with the regulations at a place to be fixed by the board, reasonably convenient for the worker.

Failure to be examined.

21(2)

Where a worker fails to submit himself to the examination, or obstructs his examination, his right to compensation is suspended until the examination has taken place; and no compensation is payable during the period of the suspension unless the board otherwise orders.

Practices delaying worker's recovery.

22

Where an injured worker persists in insanitary or injurious practices which tend to imperil or retard his recovery, or refuses to submit to such medical or surgical treatment as in the opinion of the board is reasonably essential to promote his recovery, the board may, in its discretion, reduce the compensation of the worker to such sum, if any, as would in its opinion be payable were such practices not persisted in or if the worker had submitted to the treatment.

Compensation moneys exempt from attachment.

23

No sum payable as compensation or by way of commutation of any periodical payment in respect of it is capable of being assigned, charged, or attached, nor does it pass by operation of law except to a personal representative, nor shall any claim be set-off against it, except with the consent of the board when the debt is for board and lodging.

Review of payments by board.

24(1)

Any periodical payment to a worker may be reviewed by the board; and, on the review, the board may put an end to or diminish or may increase the payment to a sum not beyond the maximum hereinafter prescribed.

Suspension of payment.

24(2)

Where a claimant is confined to a gaol or a hospital as defined in The Mental Health Act, the board may after due investigation, withhold or suspend the payment of compensation to the worker or such other person receiving compensation for such period as the board deems proper.

Payment of suspended compensation.

24(3)

Where compensation is so withheld it may be paid to dependants of the claimant or to such other persons as the board deems advisable.

Suspension for common-law relationship.

24(4)

Where the surviving spouse of a deceased worker is receiving compensation, and the board determines that the surviving spouse is cohabiting with a person of the opposite sex in a relationship in which the surviving spouse is dependent upon the other person for support, the board may discontinue or suspend the payment of compensation to the spouse and may divert the compensation in whole or in part to, or for the benefit of, any other dependent of the deceased worker.

Lump sum payment

24(5)

Where the board discontinues the payment of compensation under subsection (4), the surviving spouse is entitled to a lump sum of $3,600.

Compensation may be diverted.

24(6)

Where a worker is entitled to compensation and it is made to appear to the board

(a) that the worker is no longer residing in Manitoba, but that the worker's spouse or child or children under 16 years of age are still residing therein without adequate means of support and are, or are apt to become, a charge upon the municipality where they reside or upon private charity; or

(b) that the worker, although still residing in Manitoba, is not supporting his spouse and children as aforesaid and an order has been made against the worker by a court of competent jurisdiction for the support or maintenance of his spouse or family, or for alimony;

the board may

(c) divert the compensation in whole or in part from the worker for the benefit of the spouse or children of the worker; or

(d) where a municipality is actually partially or wholly supporting the spouse or family of the worker, divert the compensation in whole or in part from the worker to the municipality.

Basis of compensation to minor.

25

Where the worker was, at the date of the accident, under 18 years of age, the amount of the weekly or other periodical payment may be fixed by the board by its first order, or at any subsequent review, on the basis of the earnings of an average worker aged 18 years, employed at a similar class of work, or on any lower basis; but the payment shall not be lower than,

(a) in the case of a first order, his average earnings at the date of the accident; and

(b) in the case of a subsequent review, the average earnings which if he had not been injured, he would probably have been earning at the date of the review.

Payments to be made periodically.

26(1)

Payments of compensation shall be made periodically at such times, and in such manner and form, as the board may deem advisable; and, in the case of minors or mentally disordered persons within the meaning of The Mental Health Act, payments may be made to such persons as, in the opinion of the board, are best qualified in all the circumstances to administer the payments, whether or not the person to whom the payment is made is the legal guardian of the minor or the committee of the mentally disordered person.

Lump sum payments.

26(2)

The board may, with the consent of the worker or dependant to whom it is payable, but not otherwise,

(a) commute the whole or any part of the periodical payments due or payable to the injured worker or any dependant to one or more lump sum payments to be applied as directed by the board; or

(b) divide into periodical payments any compensation payable in a lump sum.

Treatment in addition to compensation.

27(1)

In addition to the other compensation provided by this Part, the board may provide for the injured worker such medical, surgical, and hospital treatment, transportation, nursing, attendant care, medicines, crutches, and apparatus, including artificial members, as it may deem reasonably necessary at the time of the injury, and thereafter during the disability, to cure and relieve from the effects of the injury; and the board may adopt rules and regulations with respect to furnishing medical aid to injured workers entitled thereto, and for the payment thereof.

Clothing allowance in certain cases.

27(2)

In addition to the other compensation provided by this Part, the board may allow to an injured worker who, because of the nature of an injury in respect of which he has received compensation, wears a prosthetic device or orthotic device, an additional clothing allowance to compensate for the additional deterioration of clothes caused by the wearing of the prosthetic device or orthotic device.

Compensation for broken artificial limbs.

27(3)

Notwithstanding anything herein, the board, in addition to any other compensation provided under this Part, may assume the expense of replacement or repair of broken or damaged artificial limbs or other prosthetic device other than eye glasses, dentures, hearing aids, and artificial eyes, where the breakage or damage is occasioned by an accident arising out of, and in the course of, the employment of the worker whether or not there is any disablement to the worker.

Repair of denture.

27(4)

Where an accident arising out of and in the course of the employment of a worker results in the breakage, damage or loss of the eye glasses, dentures, hearing aid or artificial eye of the worker, if the accident involves personal injury to the worker, or where there is no personal injury, if the accident is otherwise corroborated and the board is satisfied that the breakage, damage or loss arose out of the accident and the worker was not at fault, the board may assume the expense of replacement or repair of the eye glasses, dentures, hearing aid or artificial eye.

Compensation for clothing.

27(5)

The board may, on the application of a worker, pay the cost of replacement or repair of any article of his clothing that is destroyed or damaged as a result of an accident in respect of which he is entitled to compensation under this Act.

Autopsy.

27(6)

Where an autopsy is deemed by the board necessary to enable it to determine the cause of any death, the board may direct that the autopsy be made within a time to be fixed by the board: and, if the dependant or dependants refuse to permit the autopsy, the board may reject any claim for compensation under this Part.

Expenses.

27(7)

The expenses of the autopsy shall be paid out of the accident fund.

Medical aid by employers.

27(8)

The board may in its discretion authorize employers to furnish or provide medical aid at the expense of the board and upon terms fixed by it.

Group medical aid.

27(9)

Any plan for providing medical aid, in force between an employer and his workers or otherwise, and that, in the opinion of the board after investigation of the facts, is found on the whole to be not less efficient in the interests both of the employer and of the general body of his workers than the provisions for medical aid contained in this section, may, by order of the board, subject to such conditions as the board may require, be declared to be a plan approved by the board.

Medical aid to be under supervision of board.

27(10)

Medical aid furnished or provided under any of the preceding subsections of this section shall at all times be subject to the supervision and control of the board; and the board may contract with doctors, nurses, hospitals, and other institutions, for any medical aid required, and agree on a scale of fees or remuneration for any such medical aid.

Limitation on medical charges.

27(11)

The fees or charges for the medical aid shall not be more than would be properly and reasonably charged to the worker if himself paying the bill; and no action for any amount larger than that fixed by the board lies in respect, of any medical or dental aid herein provided for.

Worker's personal physician.

27(12)

Without in any way limiting the power of the board under this section to supervise and provide medical aid in every case where the board is of the opinion that the exercise of that power is expedient, the board may permit medical aid to be administered, so far as the selection of a physician is concerned, by the physician who may be selected or employed by the injured worker or his employer, to the end that so far as possible any competent physician may be employed and be available to injured workers.

First aid appliances.

27(13)

Employers in any industries in which it is deemed proper may be required by the board to maintain such first aid appliances and services as the board may direct; and the board may make such order respecting the expense thereof as may be deemed just.

Physician's account to be filed within twelve months.

27(14)

No account for medical services shall be recognized by the board unless the account is filed with the board within 12 months from the discharge of the worker by the physician who gave the medical care in the case, or within twelve months of the date upon which the worker returned to work following the accident, whichever period is the shorter.

Vocational training.

27(15)

The board may provide for any injured worker, whose earning capacity in his previous occupation has been permanently impaired by the injury, such vocational training as may be deemed advisable for the purpose of preparing the injured worker for another occupation to which he may seem adapted and which is likely to increase his future earning capacity; and to that end the board may contract with an institution or institutions furnishing such vocational training, and may adopt rules and regulations for that purpose and for the payment of the training.

Transportation to hospital.

27(16)

Every employer, at his own expense, shall, upon the happening of an accident to one of his workers, provide immediate transportation to a hospital should that be necessary or to a place where proper and adequate medical care can be given.

Care on journey.

27(17)

The employer shall also provide for the giving of such care as may be necessary to the injured worker upon the journey to the hospital or a doctor.

Treatment by chiropractor or osteopath.

27(18)

The board may permit treatment by any person who is a registered chiropractor under The Chiropractic Act.

Treatment to be subject to the board.

27(19)

Any treatment given as provided in subsection (18) is subject to the supervision and control of the board; and subsections (10), (11) and (14), apply as if the treatment were medical aid or medical services.

Measures for rehabilitation.

27(20)

To aid in getting injured workers back to work and to assist in reducing or removing any handicap resulting from their injuries, the board may take such measures and make such expenditures from the accident fund as it deems necessary or expedient.

Death before 1974.

28(1)

Where a worker died before January 1, 1974 as a result of an accident, the compensation payable to the dependents of the worker shall be as follows:

(a) where a surviving spouse is the sole dependent of the worker, a monthly payment of $693. for life;

(b) where the dependents of the worker are a surviving spouse and a child or children under the age of 16 years, a monthly payment to the spouse of $693. for life and an additional $156. in respect of each child under the age of 16 years;

(c) where the dependents of the worker are orphaned children, a monthly payment of $174. for each child under the age of 16 years;

(d) where there is a parent of the worker wholly dependent upon the worker, a monthly payment not exceeding $693.;

(e) where there is a dependent child of the worker

(i) who is 16 years of age or more,

(ii) who is applying himself or herself, to the satisfaction of the board, in an elementary or secondary school course, in a course leading to a university degree, or in a course of technical or vocational training acceptable to the board, and

(iii) who has not been granted a university degree or completed a course of technical or vocational training, and it appears advisable to the board to furnish further or better education or training to the child, monthly amounts not exceeding

(iv) $174. in respect of a child who is not an orphan, and

(v) $192. in respect of a child who is an orphan, as the board may determine for the period which the child spends in furthering or bettering the child's education or training in a manner acceptable to the board, up to the time the child is granted a university degree or completes a course of technical or vocational training;

(f) where there are dependents of the worker other than those mentioned in clauses (a) to (e), a sum which the board determines to be reasonable and proportionate to the pecuniary loss of the dependents occasioned by the death, but not exceeding

(i) in the case of any one dependent, monthly payments of $140., and

(ii) in the case of all dependents of the worker receiving compensation under this clause, an aggregate of $280. in any month.

Maximum and minimum payments.

28(2)

In any case for which provision is made in this section, the compensation payable shall not exceed 75% of the average monthly earnings of the worker, except that

(a) where there is a surviving dependent spouse, the monthly payment shall be $693. ;

(b) where there is a surviving dependent spouse and one dependent child, the monthly payment shall be not less than the total of $693. and any amount payable in respect of that child under clause (1)(b) or (e); and

(c) where there is a surviving dependent spouse and two or more dependent children, the monthly payment shall not be less than the total of $693. and any amount payable under clause (l)(b) or (e) in respect of the two eldest of those children in respect of whom compensation is payable under either of those clauses.

Duration of payments to children.

28(3)

Payments made under clause (l)(b) or (c) in respect of a child shall cease when the child attains the age of 16 years or dies, except that, where the child is an invalid at the time of attaining the age of 16 years, the payments shall continue until the child ceases to be an invalid.

Compensation for invalid child.

28(4)

Notwithstanding subsection (1), compensation may be paid in respect of an invalid child who is 16 years of age or more as if the child were under 16 years of age; but the payments under this subsection shall cease when the child ceases to be an invalid or dies.

Duration of certain payments.

28(5)

Compensation payments under clause (1)(d) or (f) shall continue only so long as, in the opinion of the board, it might reasonably have been expected that, had the worker lived, the worker would have continued to contribute to the support of the dependents referred to in those clauses.

Delay of assessment for compensation under clause (1)(e).

28(6)

The board shall not make any levy or assessment or order any deposit to be made in respect of compensation payable under clause (1)(e) until the child in respect of whom the compensation is to be or may be paid is approaching the age of 16 years and the board has decided that further and better education should be furnished to the child.

Where deceased worker survived by spouse.

29(1)

Where a worker who dies after December 31, 1973 as a result of an accident is survived by a dependent spouse, the compensation payable shall be the greater of

(a) a monthly allowance equal to the compensation which would have been payable to the deceased worker if the worker had survived but had been permanently and totally disabled by the injury; or

(b) compensation calculated as provided under section 28.

Where no surviving spouse.

29(2)

Where a worker who dies after December 31, 1973 as a result of an accident is not survived by a dependent spouse, the compensation shall be calculated as provided under section 28.

Compensation for funeral expenses.

30(1)

Where a worker dies as the result of an injury, in addition to any other compensation granted under this Part, the board shall pay

(a) the actual costs of funeral and burial services up to a maximum of $1,500.;

(b) where the worker is killed in Manitoba away from his usual place of residence, the necessary expenses of transporting his body from the place of death to his usual place of residence in Manitoba, or to any other designated place in Manitoba approved by the board; and

(c) where the worker is killed as a result of a compensable accident

(i) in Manitoba and his usual place of residence is outside Manitoba,

(ii) outside Manitoba and his usual place of residence is in Manitoba, such part of the necessary expense of transporting his body from the place of death to his usual place of residence as the board, in its absolute discretion, may decide.

Payment of expenses.

30(2)

Where a worker dies as the result of an injury and leaves no dependants, the board shall pay any amounts, within the limitations of this Act, as it deems reasonable for the expenses of his medical attendance, nursing, care, maintenance, funeral and burial, to the persons to whom in the opinion of the board, those expenses are due.

Payments to foster parent.

31

Where a worker dies as the result of an accident and leaves no surviving spouse, or the surviving spouse subsequently dies, and it seems desirable to the board to continue the existing household, and a relative or other suitable person acts as foster parent in keeping up the household and maintaining and taking care of the dependent children entitled to compensation in a manner which the board finds satisfactory, the foster parent shall be deemed to be the surviving spouse of the worker and the board shall pay to the foster parent so acting the same monthly payments of compensation for the foster parent and the dependents as if the foster parent were the surviving spouse of the worker; and in that case any compensation paid to the foster parent in respect of the dependents shall be in lieu of the monthly payments which the dependents would otherwise have been entitled to receive.

Payment to spouse or estate.

32

Where a worker dies as the result of an accident the board shall in addition to any other compensation provided under this Part, pay to the surviving spouse or, if there is no surviving spouse, to the estate of the deceased worker or to such person as the board may determine, the sum of $1,305.

Compensation to common-law spouse.

33(1)

Where

(a) during the entire period of three years immediately prior to the death of a worker, the worker has cohabited with a person of the opposite sex in a relationship in which the other person has been dependent upon the worker for support; and

(b) the worker is not survived by a dependent legal spouse;

the board shall pay to the person referred to in clause (a) the compensation to which a surviving dependent spouse would have been entitled under this Act.

Reduced eligibility period.

33(2)

Where there is a child born of the relationship between the deceased worker and the person referred to in subsection (1), and the deceased worker is not survived by a dependent legal spouse, compensation shall be payable under subsection (1) if the worker and the other person have cohabited during the entire period of one year immediately prior to the worker's death.

Termination of compensation.

33(3)

The board may terminate the compensation payable under this section in accordance with subsection 24(4) or section 35 with such modifications as the circumstances require.

Cessation of payment to one of several dependants.

34

Where a payment to any one of a number of dependants ceases, the board may in its discretion readjust the payments to the remaining dependants so that the remaining dependants shall thereafter be entitled to receive the same compensation as though they had been the only dependants at the time of the death of the worker.

Marriage of surviving spouse.

35(1)

Where the surviving spouse of a worker is receiving compensation and he or she remarries, and the board determines that the surviving spouse is dependent upon his or her new spouse for support, the board may terminate monthly payments to the surviving spouse, but upon so doing shall pay the surviving spouse a lump sum of $3,600.

Compensation for dependent children.

35(2)

Where subsection (1) applies, a surviving spouse shall, subject to subsection (4), continue to receive compensation in respect of the dependent children of the worker calculated as provided under clause 28(1)(b) or (e) or subsection 28(3) or (4), as the case may be.

Death of surviving spouse.

35(3)

Where a surviving spouse of a worker who is receiving compensation under section 28 or 29 dies, compensation shall be paid to or in respect of the other dependants of the worker calculated as provided under section 28.

Where surviving spouse not maintaining other dependants.

35(4)

Where a surviving spouse of a worker, to whom compensation is being paid under section 28 or 29 does not maintain a dependant of the worker in respect of whom compensation might be paid under section 28 in a manner satisfactory to the board having regard to the welfare of the dependant, compensation in respect of the dependant, calculated as provided under section 28, shall be paid in such manner and to such person, or either, as the board considers advisable for the advantage of the dependant and the compensation payable to the surviving spouse shall be reduced by that amount.

Diverting payments for dependent children.

35(5)

Where the board is of the opinion that for any reason it is necessary or desirable that a payment under section 28 in respect of a dependent child should not be made directly to his parent, the board may make the payment to such person, or direct that it be applied in such manner, or both, as the board considers advisable for the advantage of the child.

Proof of condition of dependants.

36

The board may, from time to time, require such proof of the necessities, condition, and existence, of any dependants in receipt of compensation payments as may be deemed necessary by the board, and pending the receipt of such proof may withhold further payments.

Compensation for permanent total disability.

37

Where a permanent total disability results from the injury, the amount of compensation shall be a periodical payment during the life of the worker equal to 75% of his average earnings; but the compensation shall not be less than $693. per month except where the average earnings of the worker are less than $693. per month, in which case, the worker shall receive as monthly compensation an amount equal to his average monthly earnings.

Compensation for permanent total disability before July, 1985.

38

Where, before July 1, 1985, a person was receiving, in respect of an injury that occurred before that date, compensation under section 37 as that section was immediately before that date, the monthly compensation payable to him after that date shall be not less than $693. per month.

Increase in allowance for accidents before 1983.

39

Where immediately before July 1, 1985, a person was receiving a periodic payment under this Part as compensation in respect of a permanent disability arising from an accident that happened before January 1, 1983, the periodic payments shall, as of July 1, 1985, be increased above the periodic payment to which that person was entitled to as of June 30, 1985, as the Act was on that date

(a) if the accident happened before January 1, 1982, by 17.4%; and

(b) if the accident happened after December 31, 1981, and before January 1, 1983, by 5.6% .

Compensation for permanent partial disability.

40(1)

Where permanent partial disability results from the injury, the board shall allow compensation in periodical payments during the lifetime of the worker sufficient, in the opinion of the board, to compensate for the physical loss occasioned by the disability, but not exceeding 75% of his average earnings.

Special additional compensation.

40(2)

Where the board is satisfied that an injury in respect of which it has allowed compensation under subsection (1) has occasioned a loss in earning capacity that is proportionately greater than the physical loss on the basis of which the compensation is allowed, it may

(a) during a period when the worker is taking rehabilitation training satisfactory to the board; or

(b) if the board is satisfied that rehabilitation training is not indicated: or

(c) if the board is satisfied that, after a fair and honest effort by the worker, rehabilitation has not produced an earning capacity that is reasonably equivalent to his earning capacity before the injury reduced by the physical loss on the basis of which the compensation is allowed;

increase the compensation allowed under subsection (1) in such amount as it considers fair and just, but the total compensation shall not exceed 75% of the average earnings of the worker.

Compensation for disfigurement.

40(3)

Where a worker is permanently disfigured as a result of the injury, the board may determine that the disfigurement is permanent partial disability for which compensation may be allowed under this section notwithstanding that the amount which the worker was able to earn before the accident has not been substantially diminished by reason of the disfigurement.

Lump sum settlement.

40(4)

Where the impairment of the earning capacity of a worker does not exceed 10% of his earning capacity, instead of the weekly payment, the board shall, upon request of the worker, direct that a lump sum calculated to be the equivalent of the weekly payment shall be paid to the worker in settlement of his claim; but the settlement is final only in respect of the condition of the worker attributable to the accident as that condition was known at the time the payment is made.

Minimum compensation for permanent partial disability.

40(5)

The compensation payable in each month under this section shall not be less than that percentage of $693. that is proportionately equal to the percentage of disability that the worker suffers as determined by the board, except where the average earnings of the worker are less than $693. per month, in which case he shall receive as monthly compensation an amount that is a percentage of his average monthly earnings that is proportionately equal to the percentage of his disability as determined by the board.

Permanent partial disability before July 1, 1985.

41

Where, immediately before July 1, 1985, a person was receiving, in respect of an injury that occurred before that date, compensation under section 40 as that section was immediately before that date, the compensation payable to him in each month after that date shall be not less than that percentage of $693. that is proportionately equal to the percentage of his disability as determined by the board.

Compensation for pre-existing conditions.

42(1)

Where a worker suffers an injury in an accident in respect of which compensation is paid under this Act and there is a relationship between that injury and a pre-existing or underlying condition, the board shall, in addition to any disability compensation arising out of the accident, pay compensation in respect of the pre-existing or underlying condition and that compensation shall not be less than fifty per cent of the amount that the board would have awarded if the whole of the disability had arisen from the accident.

Definition of "pre-existing or underlying condition".

42(2)

In this section "pre-existing or underlying condition" means a condition of the worker which existed or was discernible as an underlying condition before the accident and includes a neurosis and a psycho-neurosis.

Where accident occurred before July 11, 1972.

42(3)

On the application of the worker the board may consider an accident that occurred before July 11, 1972 and where the board finds that a relationship exists between a pre-existing or underlying condition and that accident the board may pay compensation under subsection (1) in respect of the pre-existing or underlying condition but no compensation may be paid for any period prior to July 11,1972.

Temporary total disability compensation.

43(1)

Where a temporary total disability results from the injury, the compensation shall be a periodic payment during the continuance of the temporary total disability equal to 75% of the worker's average earnings; but the compensation shall not be less than $693. per month, except where the average earnings of the worker are less than $693. per month, in which case he shall receive, as monthly compensation, the total amount of his average monthly earnings.

Temporary total disability before July 1, 1985.

43(2)

Where, immediately before July 1, 1985, a person was receiving, in respect of an injury that occurred before that date, compensation under subsection (1), as that subsection was immediately before that date, the compensation payable to him in each month after that date shall be not less than $693. per month.

Reduction in compensation in certain cases.

43(3)

Where in the opinion of the board the period of disability appears to be unnecessarily prolonged, it may reduce temporarily or permanently the percentage of wages allowed as compensation by this section, with power to restore the full percentage at any time.

Compensation for temporary partial disability.

44(1)

Where temporary partial disability results from the injury, the compensation shall be the same as that prescribed by section 40, but shall be payable only so long as the disability lasts.

Compensation where earning rate reduced.

44(2)

Where a worker has a temporary partial disability in respect of which compensation has been awarded under subsection (1), if he returns to work but, by reason of the disability, his weekly earnings are less than his average weekly earnings at the time of the accident from which the disability resulted, the board may pay compensation to the worker based on and equivalent to weekly amounts equal to the amounts obtained by multiplying the maximum weekly compensation to which the worker would have been entitled under this Part if he had been totally disabled by the quotient obtained by dividing

(a) the difference between the weekly earnings of the worker after he returns to work and his average weekly earnings at the time of the accident;

by

(b) his average weekly earnings at the time of the accident.

Calculation of average earnings and earning capacity of worker.

45

The average earnings and earning capacity of a worker shall be determined with reference to his average earnings and earning capacity at the time of the accident, and may be calculated upon the daily, weekly, or monthly, wages and other regular remuneration which the worker was receiving at the time of the accident, or upon the average yearly earnings of the worker for one or more years prior to the accident, or upon the probable yearly earning capacity of the worker at the time of the accident, as may appear to the board best to represent the actual loss of earnings suffered by the worker by reason of the injury, but not so that his average earnings shall be deemed in any case to exceed the rate of the maximum annual earnings established under section 46.

Yearly review of maximum average earnings.

46

The board shall, as soon as practicable after September 30 in each year, review the actual average annual earnings of workers who suffered injury and to whom compensation was awarded during the period of one year immediately preceding October 1 in that year and, where the review reveals that the actual annual earnings of 10% or more of those workers exceeds the maximum annual earnings by which the board is limited at the time of the review in making awards under this Act, the board shall, by order, increase the maximum annual earnings by an appropriate number of increments of $1,000. each as will be sufficient to reduce the number of those workers who suffered injury and to whom compensation was awarded during the period under review and whose actual annual earnings would have exceeded the increased maximum annual earnings to below 10% and establish the maximum annual earnings so increased as the maximum annual earnings by which the board shall be limited in making awards for accidents occurring on or after January 1 next following.

Total compensation payable.

47(1)

Notwithstanding any other provision of this Act, the total compensation payable under this Act in respect of the death of a worker shall not exceed the compensation which would have been payable to the worker had the worker survived but been permanently and totally disabled by the injury.

Apportionment of benefits.

47(2)

Where a worker has died leaving more than one dependent who is entitled to compensation under this Act, the board may, for purposes of complying with subsection (1), apportion the compensation payable to the dependents in appropriate amounts relative to each dependent's degree of dependency on the deceased worker.

Pension, gratuity may be deducted.

48

In fixing the amount of a periodical payment of compensation regard shall be had to any payment, allowance, or benefit, which the worker may receive from his employer in respect of the worker's accident including any gratuity, or other allowance provided wholly at the expense of the employer; and any sum so paid by the employer may be paid to the employer out of and deducted from the compensation.

Computation of benefits in case of recurrence of injury.

49(1)

Notwithstanding anything contained in sections 37, 40, 43 or 47, where a worker whose claim has been approved has returned to employment, but the injury involved in his approved claim (in this section called the "original injury"), later causes a recurrence of disability, and at the time of such recurrent disability the worker has average earnings higher than his average earnings at the time of the original injury,

(a) if the worker is not in receipt of a permanent disability pension in respect of the original injury, the disability benefits payable in respect of the recurrence shall be calculated on the basis of his average earnings at the time of the recurrence of disability; and

(b) if the worker is in receipt of a permanent disability pension in respect of the original injury

(i) any disability benefit payable for any total temporary disability arising out of the recurrence shall be calculated on the basis of his average earnings at the time of the recurrence and while the total temporary disability benefit is being paid, the permanent disability pension shall be discontinued; and

(ii) any additional disability benefit for any additional permanent disability arising out of the recurrence shall be upon the percentage of the disability not covered by the original permanent disability pension and shall be calculated on the basis of his average earnings, at the time of the recurrence.

Different classes.

49(2)

If the worker, at the time of the recurrence of disability, is in the employment of an employer in a class different from the class to which the employer at the time of the original injury belonged, the board shall, in its absolute discretion, allocate the costs of the recurrent disability to one or other of the classes, or between the two classes, or to any other available funds, as the board considers equitable in the circumstances.

Current scale.

49(3)

The additional disability benefits shall be calculated on the scale current at the time of the recurrence of disability.

THE WORKERS COMPENSATION BOARD

Board a body corporate.

50(1)

"The Workers Compensation Board" , which consists of a chairman and two or more commissioners to be appointed by the Lieutenant Governor in Council is hereby continued as a body corporate for the administration of this Part.

Administration of Act of Canada.

50(2)

The board may administer any Act of the Parliament of Canada or order of the Governor General in Council dealing with the payment of compensation to the persons named in any such Act or order in council or dealing with employment safety.

Duties under other Acts.

50(3)

The board shall perform such duties and functions, and exercise such rights and powers, as may be imposed on, or given to, it under any other Act of the Legislature or by the Lieutenant Governor in Council under an Act of the Legislature.

Agreements with other jurisdictions.

50(4)

With the approval of the Lieutenant Governor in Council the board may enter into agreements with Canada or with the appropriate authority in any other province or territory in Canada providing for co-operation in all matters relating to compensation for and rehabilitation of workers disabled by accident or disease arising out of and in the course of their employment, and the board shall carry out and give full effect to any agreement entered into under this subsection, and for that purpose may make payments from and out of the accident fund.

Absence of chairman.

51(1)

By resolution of the board one of the commissioners may act as chairman during the temporary absence of the chairman from any cause.

Acting commissioner.

51(2)

The Lieutenant Governor in Council may appoint an acting commissioner during the temporary absence of a commissioner from any cause; and the acting commissioner for the period of his appointment has all the powers and duties which have been, or may be, assigned by law to a commissioner.

Chairman's term of office.

52

The chairman holds office during good behaviour, but may be removed at any time for cause.

Chairman to devote his full time.

53(1)

The chairman shall devote the whole of his time to the discharge of his duties as chairman of the board.

Commissioners to devote time.

53(2)

The Lieutenant Governor in Council may require the commissioners or any of them to devote the whole of his or their time, or such part thereof as he may prescribe to the discharge of his or their duties as commissioners.

Remuneration.

54

The Lieutenant Governor in Council shall fix the remuneration of the chairman and each of the commissioners; and the remuneration shall be paid from the accident fund.

Powers of board as to witnesses.

55(1)

The board has all the powers that are conferred upon commissioners under Part V of The Manitoba Evidence Act for compelling the attendance of witnesses and of examining them under oath and of compelling them to answer questions and compelling the production of books, papers, documents, and other things.

Depositions.

55(2)

The board may cause depositions of witnesses residing within or without the province to be taken before any person appointed by the board in a similar manner to that prescribed by the rules of the Court of Queen's Bench for the taking of like depositions in that court before a commissioner.

Members of board to have no interest in industry under Part I.

56(1)

A member of the board who is required to devote the whole of his time to the discharge of his duties as a member of the board, shall not directly or indirectly have, purchase, take, or become interested in, any industry to which this Part applies, or any bond, debenture, or other security, of any person or corporation owning or carrying it on.

If any, must dispose thereof in three months.

56(2)

Where any such industry, or interest therein, or any such share, bond, debenture, security, or thing, comes to or becomes vested in a member of the board by will or by operation of law and he does not within three months thereafter sell and absolutely dispose of it, he ceases to hold office.

Board offices.

57

The offices of the board shall be situated in the City of Winnipeg, and its sittings shall be held there, except where it is expedient to hold sittings elsewhere, and in that case sittings may be held in any part of Manitoba.

Sittings of board.

58(1)

The board shall sit at least once in each week, and at such times as may be necessary, and shall conduct its proceedings in such manner as it may deem most convenient for the proper discharge or speedy dispatch of business.

Quorum.

58(2)

The presence of two members of the board is necessary to constitute a quorum of the board.

Officers, clerks.

59(1)

The board shall appoint such officers and other employees as the board may deem necessary for carrying out this Part, and may prescribe their duties and may fix their salaries, which shall be paid out of the accident fund.

Tenure.

59(2)

Every person so appointed shall hold office during the pleasure of the board.

Superannuation fund for employees.

59(3)

The board, with the approval of the Lieutenant Governor in Council, may establish and maintain a fund, or enter into arrangements with a duly licensed insurance company or insurance companies or the Annuities Branch of the Department of Labour of the Government of Canada for the payment of superannuation allowances; and may make regulations providing for contributions to the fund by the board and by its employees, and for the terms and conditions upon which any superannuation or other allowance shall be payable, and the persons to whom it may be paid; and the costs of maintaining and administering the fund shall be deemed part of the cost of the administration of the board and shall be chargeable to the accident fund.

Contribution to civil service superannuation fund of the province.

59(4)

Where a person who is a member of the civil service of the province becomes a member, officer, or employee, of the board and pursuant to The Civil Service Superannuation Act is classified or designated as being in the civil service for the purposes of that Act, or is a member of a group or class of persons that is so classified or designated, the board may make regulations providing for contributions by the board and that person to the fund established under that Act; and any such contributions are in lieu of any contributions in respect of that person to fund established pursuant to subsection (3).

General jurisdiction.

60(1)

The board has exclusive jurisdiction to examine into, hear, and determine, all matters and questions arising under this Part and as to any matter or thing in respect of which any power, authority, or discretion, is conferred upon the board; and the action or decision of the board thereon is final and conclusive and is not open to question or review in any court; and no proceedings by or before the board shall be restrained by injunction, prohibition, or other process or proceeding in any court, or are removable by certiorari or otherwise into any court.

Particular jurisdiction.

60(2)

Without hereby limiting the generality of subsection (1), it is declared that the exclusive jurisdiction of the board extends to determining

(a) whether any injury or death in respect of which compensation is claimed was caused by an accident within the meaning of this Part;

(b) the question whether any injury has arisen out of or in the course of an employment within the scope of this Part;

(c) the existence and degree of disability by reason of any injury ;

(d) the permanence of disability by reason of any injury;

(e) the degree of diminution of earning capacity by reason of any injury ;

(f) the amount of average earnings;

(g) the existence, for the purpose of this Part, of the relationship of any member of the family of a worker as defined by this Act;

(h) the existence of dependency;

(i) whether or not any industry or any part, branch, or department, of any industry is within the scope of this Part, and the class to which any industry or any part, branch, or department, of any industry within the scope of this Part should be assigned;

(j) whether or not any worker in any industry is within the scope of this Part and entitled to compensation thereunder;

(k) whether any particular disease is peculiar to, or characteristic of, any particular industrial process, trade, or occupation, to which this Part applies;

(l) that a person who is not otherwise a worker for the purposes of this Act shall be deemed to be a worker for the purposes of this Part and, where the person is not under a contract of service or apprenticeship

(i) that another person shall be deemed to be his employer, and

(ii) what his earnings shall be deemed to be, for the purposes of this Part.

Review by board.

60(3)

Nothing in subsection (1) prevents the board from reconsidering from time to time any matter that has been dealt with by it or from rescinding, altering, or amending, any decision or order previously made, or making any further or supplementary order, all of which the board may do.

Legal precedent.

60(4)

The decisions of the board shall always be given upon the real merits and justice of the case; and it is not bound to follow strict legal precedent.

No action for damages against the board.

61

No damages may be awarded and no action for damages shall be brought in any court of law against the board, or any of its members or persons employed by it or any worker advisers appointed under this Act in respect of anything done by it or them within or beyond their jurisdiction, as conferred by this Act or under any other Act of the Legislature, if it was in the bona fide belief that it was within their jurisdiction.

Members and employees not compellable witnesses.

62

No member or employee of the board or worker adviser appointed under this Act shall be required to give testimony in ally civil suit to which the board is not a party with regard to information obtained by him in the discharge of his official duties in connection with the board.

Medical reports privileged.

63(1)

Every report made or submitted to the board by a physician, hospital, nurse, dentist, chiropractor, chiropodist, optometrist, or osteopath, in respect of or for the purposes of a claim of a worker or a dependent, is for the use and purposes of the board but the board shall, upon the request of a worker adviser on the written authorization of the claimant, make the report available to the worker adviser for inspection.

Disclosure of complete file.

63(2)

Where a worker or dependent of a deceased worker requests the board to reconsider any matter respecting compensation to the worker or the dependent, the board shall, upon the request of a worker adviser on the written authorization of the worker or the dependent, make the complete file respecting the claim of the worker or the dependent available for inspection to the worker adviser.

Reports not admissible.

63(3)

Every report made or submitted to the board by a physician, hospital, nurse, dentist, chiropractor, chiropodist, optometrist or osteopath, in respect of or for the purposes of a claim of a worker or a dependent is not admissible as evidence in any court or tribunal in an action or proceeding against the physician, hospital, nurse, dentist, chiropractor, chiropodist, optometrist or osteopath who made or submitted the report unless it is proved that the report was made maliciously.

Access of claimants to medical reports.

64(1)

Upon the request of a worker or a dependent of a deceased worker, or a person designated in writing by the worker or the dependent for the purposes of this section, the board shall make available to the worker, the dependent or the person so designated, as the case requires, any report made or submitted to the board by a physician, hospital, nurse, dentist, chiropractor, chiropodist, optometrist or osteopath, in respect of or for the purposes of the claim of the worker or the dependent.

Reports before Sept 15, 1983.

64(2)

Subject to subsection (3), where a report was made or submitted to the board before September 15, 1983 by a physician, hospital, nurse, dentist, chiropractor, chiropodist, optometrist or osteopath, the report or any part thereof shall not be made available under subsection (1) without the written consent of the person who made the report.

Application where consent not available.

64(3)

Where the consent of a person required under subsection (2) to obtain access to a report made and submitted to the board by the person or to a part thereof, cannot, for any reason be obtained, the person making the request for access under subsection (1) may apply to a committee designated by the minister for the permission and the committee, after hearing the application and giving the person who made or submitted the report an opportunity to appear and make submissions at the hearing, may grant or refuse permission to the applicant to have access to the report or any part thereof.

Access to medical reports in file.

64(4)

Except as provided in section 63 and this section, any information contained in a report made or submitted to the board by a physician, hospital, nurse, dentist, chiropractor, chiropodist, optometrist or osteopath in respect of or for the purposes of a claim of a worker or a dependent which is contained in any file relating to the claim or to the worker or the dependent shall not be made available to any person who is not a member, officer or employee of the board.

Compensation for costs.

65

The board may award such sum as it may deem reasonable to the successful party to a contested claim for compensation or to any other contested matter as compensation for the expenses he has been put to by reason of, or incidental to, the contest; and an order of the board for the payment of any sum so awarded, when filed in the manner provided by section 85, becomes a judgment of the court in which it is filed and may be enforced accordingly.

Reports of officers of board.

66(1)

The board may act upon the report of any of its officers, and any inquiry or examination that it shall be deemed necessary to make may be made by any one of the officers of the board, or by a commissioner, a medical referee, or some other person appointed to make the inquiry or examination; and the board may act upon his report as to the result of the inquiry or examination.

Powers of officers.

66(2)

The person appointed to make the inquiry or examination has, for the purposes thereof, all the powers conferred upon the board by section 55.

Definition of "panel".

67(1)

In this section, "panel" means a medical review panel or the neurosis review panel, as the case requires; and, where a medical matter does not relate to neurosis, psycho-neurosis or silicosis, a reference of a matter under this section by the board shall be to a medical review panel, and where a medical matter relates to a neurosis or a psycho-neurosis a reference of the matter under this section by the board shall be to the neurosis review panel.

Section not to apply to silicosis.

67(2)

This section does not apply to medical matters relating to silicosis.

Reference by board on its discretion.

67(3)

Where in any claim or application by a worker for compensation a medical matter arises in which the hoard desires a further opinion, the board may refer the matter to a panel for its opinion in respect of the matter.

Reference to panel on request.

67(4)

Where in any claim or application by a worker for compensation the opinion of the medical officer of the board in respect of a medical matter differs from the opinion in respect of that matter of the physician selected by the worker, expressed in a certificate of the physician in writing, if the worker requests the board, in writing, to refer the matter to a panel, the board shall refer the matter to a panel for its opinion in respect of the matter.

Discussions with physicians.

67(5)

Where a matter is referred to a panel, the panel shall invite any physician who gave a certificate under subsection (4) and any physician appointed under subsection (14) to assist claimants in respect of the matter, to attend a meeting of the panel to discuss the matter and their opinions in respect thereof, and may examine the worker and may invite other physicians and persons to attend a meeting of the panel to discuss the matter and their opinions in respect thereof.

Opinion in writing.

67(6)

A panel to which a matter is referred under this section shall give a full report on its findings and its opinion in writing to the board which shall send a copy thereof to the worker concerned and any physician who gave a certificate under subsection (4) in respect of the matter.

Opinion of panel.

67(7)

Where a matter is referred to a panel for its opinion, the opinion of a majority of the members of the panel is the opinion of the panel, but, if there is not an opinion common to the majority of the members of the panel, the opinion of the chairman of the panel shall be deemed to be the opinion of the panel.

Dissenting opinion.

67(8)

Where the opinion given by a medical review panel on a matter is not unanimous, the report and opinion given to the board under subsection (6) shall include the dissenting opinion.

Composition of medical review panels.

67(9)

A medical review panel shall be composed of

(a) the chairman of medical review panels appointed under subsection (10) or a physician appointed to act in his place and stead; and

(b) two physicians specially skilled in the medical matter to be considered by the panel selected as provided in subsection (11) or (12).

Chairman of medical review panels.

67(10)

The minister shall appoint a physician to be chairman of medical review panels and a physician to act in the place and stead of the chairman on any medical review panel on the request of the chairman or where the chairman is unable to act.

Selection of other members of medical review panel.

67(11)

Where the board desires, or is required, to refer a medical matter to a medical review panel, the board shall notify the claimant for compensation and the employer of the claimant at the time of the accident to the claimant, and each shall select, to act on the panel, a physician

(a) who is willing to act on the panel; and

(b) whose name is on a list provided by the Manitoba Medical Association of physicians specially skilled in the medical matter to be considered by the panel.

Failure of parties to select.

67(12)

If a person notified under subsection (11) fails to select a physician in accordance with that subsection, within 15 days after receiving the notification under that subsection, the board shall select, to act on the panel, a physician

(a) who is willing to act on the panel; and

(b) whose name is on a list provided by the Manitoba Medical Association of physicians specially skilled in the medical matter to be considered by the panel.

Provision of lists by M.M.A.

67(13)

The Manitoba Medical Association shall, from time to time, as requested by the board or the minister provide the board with lists of physicians who are specially skilled in various medical matters identified by the board as matters that arise on applications for compensation and who are willing to act on medical review panels.

Physician to assist claimants.

67(14)

The minister may appoint a physician to assist claimants in dealing with the medical aspects of their claims and his remuneration shall be paid from and out of the accident fund.

Establishment of a neurosis panel.

67(15)

There shall be established a neurosis review panel consisting of three physicians appointed by the board from physicians specially skilled in neurosis and psycho-neurosis nominated for that purpose by The Manitoba Medical Association to hold office for a term fixed by the board and thereafter until their successors are appointed and the board shall designate one of the physicians as the chairman of the panel.

Remuneration for members of panel.

67(16)

Each member of a panel may be paid, from the Accident Fund, such remuneration as may be approved by the board and any travelling or out-of-pocket expenses incurred by him in performing his duties on the panel.

Procedures.

67(17)

A panel may determine its own rules of procedure.

Opinion of neurosis review panel.

67(18)

The opinion of the neurosis review panel as to whether a claimant suffers from a neurosis or psycho-neurosis and the degree thereof is final and binding on the board and the claimant.

Regulations of the board.

68(1)

The board may make such regulations as may be deemed expedient or requisite for the due administration and carrying out of this Part and to meet cases not specially provided for by this Part, and may likewise prescribe the form and use of such payrolls, records, reports, certificates, declarations, and documents, as may be requisite, and a certified copy of every regulation so made shall be transmitted forthwith to the minister; but any such regulation may, within one month after it has been received by the minister, be disallowed by the Lieutenant Governor in Council.

Approval of regulations.

68(2)

Subject to The Regulations Act,

(a) every regulation that is approved by the Lieutenant Governor in Council shall, immediately after approval or on the day named by him for that purpose, become effective;

(b) after the period for disallowance has expired, every regulation that has not been disallowed shall become effective; and

(c) every regulation that has become effective shall be forthwith published in The Manitoba Gazette.

Penalty.

68(3)

Every person who contravenes any such regulation after it has become effective is guilty of an offence and is liable, on summary conviction, for every contravention, to a fine not exceeding $50.

Authority of board to determine right of action.

68(4)

Where an action in respect of an injury is brought against an employer by a worker or his legal personal representative or a dependant, the board has jurisdiction upon the application of any party to the action to adjudicate and determine whether the action is one the right to bring which is taken away by this Act; and the adjudication and determination is final and conclusive, and if the board determines that the action is one the right to bring which is taken away by this Part, the action shall be forever stayed.

Audit of accounts.

69(1)

The accounts of the board shall be audited by the Provincial Auditor or by an auditor appointed by the Lieutenant Governor in Council for that purpose; and the costs of the audit shall be paid by the board.

Special audits.

69(2)

Notwithstanding subsection (1) and in addition thereto, the Lieutenant Governor in Council or the Provincial Auditor may at any time order an audit of or investigation into the accounts or affairs of the board and where the Lieutenant Governor in Council orders an audit or investigation he shall designate the person, who may be the Provincial Auditor, to make the audit or investigation.

Annual report by board.

70

The board shall, as soon as possible after the close of each calendar year, and not later than March 31 next following, make a report to the minister of its transactions during the last preceding year; and the report shall contain a statement of the accounts required to be kept under section 87 and such particulars as the Lieutenant Governor in Council may prescribe.

Report to be laid before assembly.

71

The report shall be forthwith laid before the Legislative Assembly if the assembly is then in session, and, if it is not then in session, within 15 days after the opening of the next session.

CONTRIBUTION BY THE PROVINCE

Provincial assistance to defray expenses.

72

To assist in defraying the expenses incurred in the administration of this Part there shall be paid to the board out of the Consolidated Fund such annual sum as the Lieutenant Governor in Council may direct; but the board may, and shall be deemed always to have had the authority to, pay its costs of administration from the accident fund.

ACCIDENT FUND

Assessment upon classes of industries.

73

For the purpose of assessment in order to create and maintain a fund to be called the "accident fund" for the payment of the compensation, outlays, and expenses, under this Part, all the following industries shall be within the scope of this Part and shall, subject to sections 79 and 91, and to the regulations, be divided into the following classes:

(a) Class A - The Canadian Pacific Railway Company and its subsidiary companies.

(b) Class B - The Canadian National Railway Company and all the companies that comprise Canadian National Railways as that expression is defined in the Canadian National Railways Act (Canada), and the Air Canada Act.

(c) Class C - The Crown in right of Manitoba and agencies of the government.

(d) Class D - The City of Winnipeg.

(e) Class E - All industries set out in the Schedule and not included in the above classes.

Admission within scope of Part I.

74(1)

Any industry or worker not within the scope of this Part may on the application of the employer be admitted by the board as being within the scope of this Part, subject to such terms and conditions, and for such period, as the board may deem adequate and proper.

Admission of apartment block and office building employees.

74(2)

A majority of the permanent and full-time employees engaged in the maintenance and operation of an apartment block or an office building, other than those who are covered elsewhere herein, may apply to have all of such employees, other than those who are covered elsewhere herein, admitted by the board as being within the scope of this Part; and the board may grant the application subject to such terms and conditions, and for such period, as the board deems adequate and proper; and, for the purposes of this subsection, the work of those employees shall be deemed to be an industry.

Employer may be admitted to compensation.

74(3)

Any employer in an industry within the scope of this Part may be admitted by the board as being entitled for himself and his dependants to the same compensation as if the employer were a worker within the scope of this Part.

Compensation to employer.

74(4)

Compensation is not payable out of the accident fund to an employer or to a member of the family of an employer who is employed by him and dwells with him as a member of his household, unless application to come within the scope of this Part has been received and approved by the board.

Application to independent contractor.

75(1)

An independent contractor may, on his own application, be admitted by the board as being within the scope of this Part subject to such terms and conditions, and for such period, as the board may deem adequate and proper.

Independent contractor as employee of employer.

75(2)

Where an independent contractor is admitted as being within the scope of this Part, he shall be deemed to be

(a) a worker in the employment of himself in so far as this Part applies to workers in the employment of an employer; and

(b) the employer of himself in so far as this Part applies to employers of a worker.

Meaning of independent contractor.

75(3)

In this section "independent contractor" includes a self employed person engaged in any of the industries set out in the Schedule.

Application to Crown employees.

76(1)

Subject as in this section provided, this Part applies to any employment by or under the Crown in right of the Province of Manitoba or by or under an agency of the government.

Workmen of agencies of the government.

76(2)

Subject to subsections (3) and (4), workers employed by an agency of the government shall be deemed to be workers employed under the Crown in the right of Manitoba for the purposes of this Act.

Workmen of certain agencies formerly covered.

76(3)

Where, prior to the coming into force of this subsection, an agency of the government had been admitted by the board as an industry or employer within the scope of this Part, the workers employed by that agency of the government shall not be deemed to be workers employed under the Crown in right of Manitoba for the purposes of this Act and that agency of the government shall be deemed for the purposes of this Act to be a separate employer unless the Lieutenant Governor in Council declares that subsection (2) applies to those workers or any class thereof.

Workers of agencies dealt with separately.

76(4)

The Lieutenant Governor in Council may declare that workers employed by an agency of the government shall not be deemed as workers employed by the Crown in right of Manitoba for the purposes of this Act, and thereafter those workers shall not be deemed to be workers employed under the Crown in right of Manitoba for the purposes of this Act and the agency of the government shall be deemed for the purposes of this Act to be a separate employer.

Meaning of "agency of the government".

76(5)

In this section the expression "agency of the government" means

(a) any board, commission, association, or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which,

(i) are appointed by an Act of the Legislature or by order of the Lieutenant Governor in Council, or

(ii) if not so appointed, in the discharge of their duties are public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown, or

(b) any corporation the election of the board of directors of which is controlled by the Crown, directly or indirectly, through ownership of shares of the capital stock thereof by the Crown or by a board, commission, association, or other body to which clause (a) applies.

Determining persons as workers.

77(1)

The Lieutenant Governor in Council may, by order, declare any persons or class of persons to be workers in the employment of the government; and, except as otherwise directed in the order shall be compensated in accordance with subsection (3).

Method of describing class.

77(2)

For the purposes of subsection (1), a class of persons may be described by reference to the nature of the work or duties they perform, the nature of the business or undertaking at which they are working, a geographical area within which they perform their work, the source of their remuneration, the method by which they are assigned to places to perform work, a description of any program or scheme in which they are participating, or by any one or more of those things.

Income in case of disability or death.

77(3)

Where a personal injury or death occurs to a person who is declared to be a worker, or is within a class that has been declared to be workers, under subsection (1), arising out of and in the course of his employment, compensation payable under this Part shall be calculated

(a) in respect of temporary disability, as though he was steadily employed at the minimum wage rate then prevailing under the law of Manitoba; and

(b) in respect of permanent total disability or permanent partial disability or death, as though he was steadily employed with the average weekly earnings of workers in Manitoba as last published by Statistics Canada prior to the date of the accident and referred to as the: "Industrial Composite Average Weekly Earnings (revised)" for Manitoba, but, where no such average weekly earnings have been published by Statistics Canada within a reasonable period before the date of the accident, with an average weekly earnings for workers in Manitoba as determined by the board and approved by the minister.

Rights under subsec. (3) in lieu of other rights.

77(4)

The right to compensation provided by this Part to a person who is declared, or is within a class that has been declared, to be workers under subsection (1), is in lieu of all rights, and rights of action, statutory or otherwise, to which the person or his legal representative or his dependants are or may be entitled against the government and the person for whom the work is performed, or either of them, for or by reason of personal injury to, or death of, the person so declared or within the class that has been so declared, occasioned by any accident which happened to him arising out of, and in the course of, his employment; and no action in any court of law against the government or the person for whom the work is performed lies in respect thereof.

Regulations affecting classes of industries.

78(1)

The board may, by regulations,

(a) create new classes in addition to those mentioned in section 73;

(b) consolidate or rearrange from time to time any of the existing classes; and

(c) withdraw from a class any industry included therein and transfer it wholly or, in part to any other class, or form it into a separate class.

Adjustment of funds.

78(2)

In case of any rearrangement of the classes, or the withdrawal of an industry from any class, the board may make such adjustmen. and disposition of the funds, reserves, and accounts, of the classes affected as may be deemed just and expedient.

Board to assign industry to proper class.

79

The board shall assign every industry within the scope of this Part to its proper class; and, where an industry includes several departments assignable to different classes, the board may either assign the industry to the class of its principal or chief department, or may, for the purpose of this Part, divide the industry into two or more departments, assigning each of the departments to its proper class.

Employer to make estimate of payroll for year ensuing.

80(1)

Every employer shall, whenever he becomes an employer within the meaning of this Part, and at such other times as may be required by regulations or by the board, cause to be furnished to the board an estimate of the probable amount of the payroll of each of his industries within the scope of this Part for the year next following, together with such further and other information as may be required by the board for the purpose of assigning each industry to the proper class and of making the assessments hereunder; and every employer shall, at the close of each calendar year, and at such other times as may be required by the board, furnish certified copies or reports of his payrolls.

Record of wages.

80(2)

Every employer within the scope of this Part shall keep a record of the wages earned by his employees, showing the name of each worker, the dates and time worked, and the wages earned.

Nature of work.

80(3)

Any person who, in the opinion of the board, may be an employer under Part I shall, on request of the board at any time, furnish and deliver to the board a statement signed by him giving full particulars of the nature of the different classes of work carried on and such particulars as may be required by the board concerning his payroll.

Basis of estimated payroll.

80(4)

In computing the amount of the payroll of any industry for the purpose of assessment, regard shall be had only to such portion of the payroll as represents workers and employment within the scope of this Part; and where the annual wages of any worker exceed the maximum earnings mentioned in section 45 as increased from time to time under section 46, a deduction shall be made in respect of the excess.

Penalty.

80(5)

If an employer or other person does not comply with subsection (1), (2), or (3), or if, on audit, it is established that an employer wilfully underestimated his probable payroll in his return of it made to the board or if any statement under those subsections is not a true and correct statement of any of the matters required to be set forth in it, the employer or other person for every non-compliance, and for every inaccurate statement, and for every underestimate, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500.

Assessment where employer fails to make statement.

80(6)

Where an employer does not make and transmit to the board the prescribed statement within the prescribed time, the board may base any assessment or supplementary assessment thereafter made upon him on such sum as in its opinion is the probable amount of the payroll of the employer, and the employer is bound thereby; but if it is afterwards ascertained that the amount is less than the actual amount of the payroll the employer is liable to pay to the board the difference between the amount for which he was assessed and the amount for which he would have been assessed on the basis of his payroll.

Continuing liability of employer.

80(7)

Where, for any reason, an employer liable to assessment is not assessed in any year, he is nevertheless liable to pay to the board the amount for which he should have been assessed; and payment of that amount may be enforced in the same manner as the payment of an assessment may be enforced.

Information furnished by municipal officers.

80(8)

On the written request of the board, the clerk or secretary-treasurer of a municipality other than a city, shall make a return to the board, upon forms provided by the board for the purpose, showing the names, addresses, nature of business, and usual number of employees, of all employers of labour carrying on in that municipality any industry or business other than farming.

Remuneration.

80(9)

The board may give remuneration for the return out of the accident fund.

Notice of building permits granted.

80(10)

Within three days after the granting of any building permit in any municipality, written notice thereof shall be given to the board by the person whose duty it is to keep a record of the permits.

Annual assessment for accident fund.

81(1)

For the purpose of creating and maintaining an adequate accident fund, the board shall every year assess and levy upon and collect from, the employers in each class by an assessment or by assessments made from time to time rated upon the payroll, or in such other manner as the board may deem proper, sufficient funds, according to an estimate to be made by the board,

(a) to meet all amounts payable from the accident fund under this Part during the year including administration costs;

(b) to meet all costs and expenditures chargeable to the fund under The Workplace Safety and Health Act;

(c) to provide in each year capitalized reserves sufficient to meet the periodical payments of compensation accruing in future years in respect of all accidents that occur during the year so as to prevent the employers in future years from being unduly and unfairly burdened with payments that are to be made in those years with respect to accidents that have previously happened; except that in cases where future payments are guaranteed by the Government of Canada or the Government of Manitoba, the board may dispense with the setting-up of reserves;

(d) to provide a surplus or equalization fund to be used to meet the losses arising from any disaster or other circumstance that, in the opinion of the board, would unfairly burden the employers in any class;

(e) to provide a fund to be used to meet that part of the cost of claims of workers suffering enhanced disabilities, because of similar or other disabilities previously suffered, as, in the opinion of the board, is due to the previous disabilities;

(f) to provide a fund to meet the costs incurred under subsections 27(15) and (20); and

(g) to pay for the salaries, costs and expenses of the worker advisers and staff appointed under section 108 and the remuneration of physicians appointed under subsection 67(14).

Transfer from equalization fund.

81(2)

The amount of any assessment and levy made upon employers operating industries in Class (E) for the purpose mentioned in clause (1)(e) may be transferred to the fund mentioned in that clause from the equalization fund for which provision is made in clause (1)(d).

How assessment to be made.

81(3)

Assessments may be made in such manner and form, and by such procedure, as the board may deem adequate and expedient, and may be general as applicable to any class or sub-class, or special as applicable to any industry or part or department of an industry.

Collection of assessments.

81(4)

Assessments may, wherever it is deemed expedient, be collected in half-yearly, quarterly, or monthly, instalments, or otherwise; and, where it appears that the funds in any class are sufficient for the time being, any instalment may be abated or its collection deferred.

Deficiency in assessments.

81(5)

Where the estimated assessments in any class prove insufficient, the board may make such further assessments and levies as may be necessary, or the board may temporarily advance the amount of any deficiency out of any fund provided for that purpose and add the amount to any subsequent assessments.

Notice to employer of assessment due.

81(6)

The board shall give notice to each employer of the amount of each assessment due from time to time in respect of his industry and the time when it is payable.

Giving of notice.

81(7)

The notice may be sent by post to the employer, and shall be deemed to be given to him on the day on which the notice is posted.

Levies for increases in compensation.

81(8)

Notwithstanding any other provision of this Act, where an amendment to this Act is hereafter enacted that results in increases in compensation payable in respect of accidents that happened before the amendment is enacted, any additional moneys required to provide for the increases may be levied and collected by the board, over such period as the board deems advisable, from the employers who, either before or after the coming into force of this subsection, are or were within the scope of this Part.

Allocation of rates to kinds of employment in the same class.

82(1)

The board shall establish such subclassifications, differentials, and proportions, in the rates as between the different kinds of employment in the same class as may be deemed just; and, where in the opinion of the board any particular industry is shown to be so circumstanced or conducted that the hazard differs from the average of the class or sub-class to which the industry is assigned, the board may confer or impose upon that industry a special rate, differential, or assessment, to correspond with the relative hazard of that industry; and for that purpose may adopt a system of rating in such a manner as to take account of the peculiar hazard of the individual plant or undertaking of each employer.

Reduced assessments and refunds.

82(2)

Where, in the opinion of the board, the record and experience of accidents among the workers of an employer is better than the average record and experience of accidents among the workers of other employers in the same class or sub-class the board may reduce the amount of any assessment made upon that employer, or refund a portion of any assessment paid by that employer.

Increased and additional assessments.

82(3)

Where, in the opinion of the board, the record and experience of accidents among the workers of an employer is worse than the average record and experience of accidents among the workers of other employers in the same class or sub-class the board may increase the amount of any assessment made upon that employer, or make a special additional assessment upon that employer.

Security by employer in industry, carried on temporarily.

83(1)

Where an employer engages in any of the industries within the scope of this Part, and has not been assessed in respect of it, the board, if it is of opinion that the industry is to be carried on only temporarily, or that it is for some other reason expedient, may require the employer to pay or to give security for the payment to the board of a sum sufficient to pay the assessment for which the employer would be liable if the industry had been in existence when the last preceding assessment was made.

Penalty.

83(2)

Every employer who makes default in complying with any requirement of the board under subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500.

Costs incurred for special classes.

84

In addition to the assessments made under sections 81, 82, and 83, where the board incurs any cost or expenditure chargeable under The Workplace Safety and Health Act to the accident fund in respect of any class or sub-class of employers, or in respect of any employer, the board may charge the amount of those costs or expenditures, by way of a special assessment, against that class or sub-class of employers or against that employer.

Collection of assessments by board.

85(1)

Where an assessment or part thereof or deficiency is not duly paid in accordance with the terms of the assessment and levy, the board has a right of action against the defaulting employer in respect of the amount unpaid, and any penalties imposed under the provisions of this Act, together with costs of the action.

Certificate of default filed in court.

85(2)

Where default is made in the payment of any assessment or any part of it, the board may issue a certificate stating that the assessment was made, the amount remaining unpaid on account of it, and the person by whom it is payable, and the certificate, or a copy of it, certified by the secretary under the seal of the board to be a true copy, may be filed with the registrar of the Court of Queen's Bench, and when so filed shall become an order of that court, and may be enforced as a judgment of the court against the person for the amount mentioned in the certificate.

Penalty for failure to make returns.

86(1)

Any employer who refuses or neglects to make or transmit any payroll return or other statement required to be furnished by him under subsections 80(1), (2), and (3) shall pay to the board one-half of the full amount or capitalized value, as determined by the board, of the compensation payable with respect to any accident to a worker in his employ which happens during the period of the default, and the payment of the amount may be enforced in the same manner as the payment of any other assessment may be enforced; but the amount payable shall not be less than $50.

Penalty for failure to pay assessments.

86(2)

An employer who refuses or neglects to pay any assessment or the provisional amount of any assessment, or any instalment or part thereof, shall pay to the board, in addition to all other payments, an amount equal to 5% of the amount in respect of which he is in default for the first month or part thereof during which he is in default and 1% of the amount in respect of which he is in default for each month or part thereof, after the first month, during which he is in default, payable on the first day of each month for the period of the default and the payment of the amount may be enforced in the same manner as the payment of any other assessment made by the board.

Relief from penalties.

86(3)

Notwithstanding anything in this section, the board, if satisfied that the default was excusable, may in any case relieve the employer in whole or in part from liability under this section.

Orders may become judgments of court

86(4)

An order, original or supplementary, of the board for payment of compensation by an employer who is liable to pay the compensation, and any other order of the board for the payment of money made under the authority of this Part, or a copy of any order certified by the secretary to be a true copy, may, upon payment of a fee of $1., be filed in the Court of Queen's Bench for Manitoba, and when so filed becomes a judgment of that court and may be enforced accordingly.

Separate accounts for each class or fund.

87

Separate accounts shall be kept of the amounts collected and expended in respect of every class and of every fund set aside by way of reserve or as a special fund for any purpose, but for the purpose of paying compensation the accident fund shall, nevertheless, be deemed one and indivisible.

Annual adjustment of assessment.

88(1)

On or before the April 30 in each year the amount of the assessment for the preceding calendar year shall be adjusted upon the actual requirements of the class and upon the correctly ascertained payroll of each industry; and the employer shall forthwith make up and pay to the board any deficiency, or the board shall refund to the employer any surplus, or credit it upon the succeeding assessments, as the case may require.

Change in ownership of industry.

88(2)

Where in any industry a change of ownership or employership has occurred, the board may levy any part of the deficiency on either or any of the successive owners or employers, or pay or credit to any one or more of those owners the surplus as the case may require; but as between or amongst the successive owners the assessments in respect of the employment shall, in the absence of an agreement between the respective owners or employers determining it, be apportionable, as nearly as may be, in accordance with the proportions of the payroll of the respective periods of ownership or employment.

Work done for municipal corporation under contract.

89(1)

Where any work within the scope of this Part is performed under contract for any municipal corporation, or for any board or commission having the management of any work or service operated for the municipal corporation, any assessment in respect of the work may be paid by the corporation, board, or commission, as the case may be, and the amount of the assessment deducted from any moneys due the contractor in respect of the work.

Right of principal as against contractor.

89(2)

Where a principal is or may become liable for an assessment with respect to work carried on by a contractor, the principal may withhold from any moneys payable to the contractor such amount as the board may estimate as the probable amount for which the principal is or may become liable, and, in any action that the contractor may bring against the principal, the principal may offset the amount, and the contractor is not entitled to recover from the principal any portion thereof; but after final adjustment by the board of the amount due with respect to the work carried on by the contractor, the contractor is entitled to any amount still remaining in the hands of the principal after payment of the amount due to the board.

Contractor as principal.

89(3)

As between contractor and sub-contractor, the contractor shall be deemed a principal.

Liability of contractor and principal.

90(1)

Where any work within the scope of this Part is undertaken for any person by a contractor, both the contractor and the person for whom the work is undertaken are liable for the amount of any assessment made under this Act in respect thereof, and the assessment may be levied upon and collected from either of them, or partly from one and partly from the other; but, in the absence of any term in the contract to the contrary, the contractor is, as between himself and the person for whom the work is performed, primarily liable for the amount of the assessment.

Liability of sub-contractor and contractor.

90(2)

Where any work within the scope of this Part is performed under sub-contract, both the contractor and the sub-contractor are liable for the amount of the assessments in respect of the work; and any such assessments may be levied upon, and collected from either, or partly from one and partly from the other.

Withdrawing small industries from classes.

91(1)

The board may, by regulation, withdraw or exclude from a class an industry in which not more than a stated number of workers are employed; and, in that case, this Part does not apply to the industry so withdrawn or excluded.

Employers in industries withdrawn may elect to become members of class.

91(2)

Where an industry is excluded from a class, an employer in the class to which, but for the withdrawal or exclusion, he would have belonged may nevertheless elect to become a member of that class; and if he so elects, he is a member of that class and liable to contribute to the accident fund, and this Part applies to his industry.

Notice of election.

91(3)

Notice of the election shall be given to the secretary of the board; and the election shall be deemed to have been made when the notice is received by the secretary.

Application of Part on notice.

91(4)

A worker in an industry withdrawn or excluded under subsection (1) may notify the secretary of the board that he desires this Part to apply to the industry; and the notice, upon receipt thereof by the secretary, has the same effect as a notice from the employer.

Additional industries added.

92(1)

The board may by regulation include any industry (including any industry previously withdrawn or excluded under section 91) within the application of this Part.

Exclusion of industries.

92(2)

In addition to the power contained in section 91 the board may, by regulation, exclude any industry from the application of this Part; but no industry shall withdraw or be excluded from this Part, except upon such terms and conditions as the board may impose.

Bringing industries under Act.

93

The Lieutenant Governor in Council may, by regulation, include an industry to be within the application of the Part, and in so doing, the Lieutenant Governor may provide that the regulation applies to only part of the province or to the whole of the province.

Minister of Finance the custodian of all moneys.

94(1)

Subject to subsections (2) and (3), the Minister of Finance is custodian of all moneys and securities belonging to the accident fund and the government is liable for the safekeeping thereof.

Deposit of funds.

94(2)

All moneys belonging to the accident fund collected or received by the board shall be delivered to the Minister of Finance, or may be deposited to his credit in such banks throughout the province as he may designate; and all moneys so delivered or deposited shall be credited to the accident fund, and shall be accounted for as part of the Consolidated Fund of the province.

Expenditures.

94(3)

No moneys collected or received on account of the accident fund shall be expended or paid out without first passing into the provincial treasury and being drawn therefrom as provided in this Part.

Custody of securities.

94(4)

In like manner all securities belonging to the accident fund shall be delivered to the Minister of Finance and held by him until otherwise disposed of for the purpose of this Part.

Monthly statement to Provincial Auditor.

94(5)

The board shall submit each month to the Provincial Auditor an estimate of the amount necessary to meet the current disbursements from the accident fund during the succeeding calendar month, and, when the estimate is approved by the Provincial Auditor, the Minister of Finance shall pay the amount thereof to the board.

Accounting.

94(6)

At the end of each calendar month the board shall account to the Provincial Auditor for all moneys so received.

Investment of accident fund.

94(7)

Subject to subsection (17), the board shall cause all moneys in the accident fund in excess of current requirements to be invested and reinvested in such securities authorized by The Trustee Act as investments for trust funds as are directed by the investment committee.

Payment to board of moneys for investment.

94(8)

Upon the requisition of the board, bearing thereon the written direction required by subsection (7), the Minister of Finance shall pay to the board out of the moneys credited to the accident fund any moneys required by the board for the purpose of investment and reinvestment.

Accounting.

94(9)

At the end of each calendar month the board shall account to the Provincial Auditor for all moneys received by it pursuant to subsection (8).

Power to sell investments.

94(10)

The board may sell any of the securities mentioned in subsection (7) and the moneys that are the proceeds of any sale shall be dealt with in the same manner as if they had not been so invested.

Interest on investments.

94(11)

All investments shall be made in the names of the board and the Minister of Finance jointly, and all interest on investments shall be made payable to the board and form part of the accident fund.

Interest on moneys in hands of Minister of Finance.

94(12)

Interest on all moneys belonging to the accident fund in the custody of the Minister of Finance in excess of current requirements and not invested shall, subject to the certificate of the Provincial Auditor, be paid by the Minister of Finance to the board at such rate as may be fixed from time to time by the Lieutenant Governor in Council, payable quarterly, and forms part of the accident fund.

Purchase and sale of real estate and erection of buildings.

94(13)

Subject to the approval of the Lieutenant Governor in Council, the board may

(a) purchase or otherwise acquire such real property as it deems necessary for its purposes;

(b) erect thereon such buildings as it considers necessary for those purposes; and

(c) sell or otherwise dispose of any such real estate or the buildings thereon.

Title to real property.

94(14)

The title to real property acquired under subsection (13) shall be held in the name of the board and the Minister of Finance.

Expenditures charged to, and repayments credited to, accident fund.

94(15)

All expenditures incurred under subsection (13) in connection with the purchase of real property or the erection of buildings shall be paid out of any reserve fund or other special fund that is a part of the accident fund, and the amount thereof shall be repaid in 30 equal annual payments, which shall include principal and interest thereon at rates of interest that, in the opinion of the board, reflect current rates of interest; and the moneys so repaid shall be placed to the credit of the reserve fund or special fund out of which the expenditures were paid.

Principal and interest part of administration expenses.

94(16)

Repayments of principal and interest made under subsection (15) shall be deemed to be part of the general administration expenses incidental to the administration of this Act and any other Act that the board may be required to administer.

Real property and buildings an investment.

94(17)

Real property acquired or buildings erected under subsection (13) shall, until repayment of the amount expended for the acquisition or erection thereof has been made, be deemed to be an investment made on behalf of the reserve fund or special fund out of which that amount was paid.

Continuation of investment committee.

95(1)

"The Workers Compensation Board Investment Committee" is hereby continued.

Membership.

95(2)

The investment committee consists of

(a) the chairman of the board, who is the chairman of the committee;

(b) subject to subsection (3), the Deputy Minister of Finance; and

(c) a person representative of the views of those persons upon whom assessments are levied under this Part, appointed by order of the Lieutenant Governor in Council for such term as may be fixed in the order in council appointing him.

Duties of Assistant Deputy Minister of Finance.

95(3)

In the absence of the Deputy Minister of Finance from the City of Winnipeg or in the event of his inability or incapacity, from any cause, to act or at the request of the Minister of Finance or Deputy Minister of Finance, an Assistant Deputy Minister of Finance shall act as a member of the investment committee; and while so acting he has all the powers, rights, and duties of the Deputy Minister of Finance as a member of the investment committee.

Duties of investment committee.

95(4)

The investment committee shall regularly review the investments in which the accident fund is invested and, subject to section 94, shall give directions in writing, signed by the chairman, as to the investments in which moneys in the accident fund and available from time to time for investment shall be invested.

Advance out of Consolidated Fund.

96

Where at any time there is not sufficient money in the hands of the board available for payment of the compensation that may become due, the Lieutenant Governor in Council shall direct that it be advanced to the board out of the Consolidated Fund; and in that case the amount advanced shall be repaid by the board to the Minister of Finance out of the accident fund when sufficient funds are available.

Authority for temporary borrowing.

97(1)

The board may borrow or raise money for temporary purposes by way of overdraft, line of credit, or loan, or otherwise upon the credit of the board in such amounts, not exceeding in aggregate the sum of $6,000,000. of principal outstanding at any one time, upon such terms, for such periods, and upon such other conditions as the board may determine.

Guarantee.

97(2)

The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal and interest on any borrowings of the board under this section.

Minister of Finance's approval.

97(3)

Where the board borrows or raises money under this section, otherwise than

(a) by way of overdraft with a bank; or

(b) by sale of its short term note to a bank in lieu of borrowing by overdraft;

it shall do so only with the prior approval of the Minister of Finance, who, at the request of the board, may act as its agent in that behalf.

Returns from industry commenced after prescribed date.

98(1)

Where an industry coming within this Part is established or commenced after the date prescribed by the board pursuant to section 80, the employer shall forthwith notify the board of the fact and furnish to the board an estimate of the probable amount of his payroll for the remainder of the year.

Penalty.

98(2)

An employer who makes default in complying with subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500.

Examination of books of employer.

99(1)

The board, and any officer or person authorized by it for that purpose, may examine the books and accounts of the employer, and make such other inquiry as the board may deem necessary for the purpose of ascertaining whether any statement furnished to the board is an accurate statement of the matters that are required to be stated therein, or of ascertaining the amount of the payroll of any employer, or of ascertaining whether any industry or person is under the operation of this Part; and for the purpose of any such examination and inquiry the board and the person so appointed has, in addition to all the powers conferred by this Act, all the powers that may be conferred on a commissioner under Part V of The Manitoba Evidence Act.

Notice to employer to produce books, etc.

99(2)

For the purpose of any such examination or inquiry, the board or person authorized to make the examination or inquiry may give to the employer or his agent notice in writing requiring him to bring or produce before the board or person, at a place and time tobe mentioned in the notice, which time shall be at least 10 days after the giving of the notice, all documents, writings, books, deeds, and papers, in the possession, custody, or power, of the employer, touching, or in anyway relating to or concerning, the subject matter of the examination or inquiry referred to in the notice; and every employer and every agent of the employer named in and served with any such notice shall produce, at the time and place required, all such documents, writings, books, deeds, and papers, according to the tenor of the notice.

Penalty.

99(3)

Every employer or other person who obstructs or hinders the making of the examination and inquiry mentioned in subsection (1), or refuses to permit it to be made, or fails to comply with the terms of any notice given under subsection (2), is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500.

Oaths, etc., who may administer.

99(4)

The board and every officer or person authorized by it to make any examination or inquiry under this section may require and take affidavits, affirmations, or declarations, as to any matter of the examination or inquiry and take statutory declarations required under this Part, and in all such cases to administer oaths, affirmations, and declarations, and certify to their having been made.

Right of entry to establishment of employer.

100(1)

The board and any officer, worker adviser or person authorized by it for that purpose may, at all reasonable hours, enter into the establishment of any employer who is liable to contribute to the accident fund under this Part, and the premises connected with it, and every part of them, for any purpose which the board may deem necessary.

Penalty.

100(2)

Any employer and every other person who obstructs or hinders the making of any inspection under subsection (1), or refuses to permit it to be made, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500.

Information obtained not to be divulged.

101(1)

No officer of the board, no worker adviser or person appointed or employed under section 108 and no person authorized to make an inspection or inquiry under this Part shall divulge or allow to be divulged, except in the performance of his duties or under the authority of the board, any information obtained by him or which has come to his knowledge in making or in connection with an inspection or inquiry under this Part or in connection with any claim of a worker or dependent under this Part or any Part or any proceeding of the board in respect thereof.

Access to files.

101(2)

Notwithstanding subsection (1), where the Lieutenant Governor in Council, pursuant to section 115, appoints persons to a committee to advise the minister, the committee, if it considers it essential for advising the minister on matters relating to The Workers Compensation Act, may receive and examine any file held by the board and every officer of the board and every employee of the board

(a) shall, when requested to do so, make any such file available to the committee; and

(b) may divulge to the committee any information that the officer or employee is prohibited from divulging by subsection (1).

Files to remain on board premises.

101(3)

The board, when requested under subsection (2) to make files available to the committee, shall provide suitable office space to the committee at the offices of the board for the examination of the files and the committee may make copies of a document on any such file and may remove such copies from the offices of the board.

Individuals not be named.

101(4)

A committee appointed under section 115, in making a report to the minister, may use any information obtained from files made available to it under subsection (2) but, in using the information, the committee shall not divulge the information in such a manner that an individual is directly identifiable.

Secrecy to be maintained.

101(5)

Except to such extent as may be necessary in the report to the minister, every member of a committee appointed under section 115 and every person employed by, or otherwise engaged in the work of, the committee shall maintain secrecy in respect of all matters that come to their knowledge as a result of receiving and examining files pursuant to this section.

Powers of committee.

101(6)

A committee appointed pursuant to section 115 has such of the powers of commissioners appointed under Part V of The Manitoba Evidence Act as the Lieutenant Governor in Council directs and has the like protection and privileges as commissioners so appointed.

Penalty.

101(7)

Every person who contravenes any provision of subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $500.

Penalties recoverable summarily.

102

The penalties imposed by or under the authority of this Part are recoverable under The Summary Convictions Act, and when collected Shall be paid over to the Minister of Finance and become part of the Consolidated Fund.

Builders' lien.

103

In the case of a work or service performed by an employer in any of the industries included under this Part for which the employer is entitled to a lien under The Builders' Liens Act, the owner, as defined by that Act, shall use all due diligence to see that statements are filed by the employers as required in this Part; and an owner who fails to do so is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $50.

Priority of assessments over other debts.

104

Subject to any Act of the Parliament of Canada, there shall be included among the debts that under The Trustee Act, and The Corporations Act, are, in the distribution of the property in the case of an assignment or death or of the assets of a company being wound up, under those Acts respectively, to be paid in priority to all other debts, the amount of any assessment the liability for which accrued before the date of the assignment or death or the commencement of the winding-up respectively.

INDUSTRIAL DISEASES

Definition of "silicosis".

105(1)

For the purposes of this Act, and notwithstanding anything to the contrary herein, "silicosis" means a fibrotic condition of the lungs caused by dust containing silica and evidenced by specific X-ray appearances or results of other scientific tests or examinations, and accompanied by a substantially lessened capacity for work.

Time of employment and compensation.

105(2)

Subject to subsections (3) and (4), any worker employed in Manitoba for a period of at least two years immediately preceding May 1, 1936, who has been exposed during that employment to the inhalation of dust containing silica for at least two years, in any industry within the scope of this Part, and any worker who is or may hereafter come within subsection (9) who becomes disabled from silicosis may be compensated in the same manner and to the same extent as a worker may be compensated under this Act for total or partial disability caused by or arising from any other industrial disease.

Exception.

105(3)

If it can be shown that the worker had silicosis before working for the periods aforesaid he shall not be compensable.

Further exception.

105(4)

If it can be shown that the worker has been exposed to the inhalation of dust containing silica elsewhere than in Manitoba before working for the aforesaid periods, the amount of compensation payable shall be reduced by the proportion that the period he has worked elsewhere than in Manitoba so exposed bears to the total period he has worked so exposed.

Limitation in filing claim.

105(5)

Subject to subsection (11), any worker who ceases to be usually and regularly employed, in any industry within the scope of this Part in Manitoba in which he was exposed to dust containing silica, shall make and establish his claim for disability therefrom within one year from the date of leaving that employment, otherwise his claim is completely barred.

Board of medical examiners authorized.

105(6)

The board may appoint a permanent independent medical board of three competent physicians to pass upon all claims for compensation under this section so far as may be necessary to decide whether the claimant has suffered an injury by reason of silicosis and the extent of the injury, and its findings, shall be reported in writing to the board; and the report by the medical board is final as to the diagnosis.

Employees to comply with Act.

105(7)

No person shall be employed in any industry within the scope of this Part at an occupation where silicosis may be contracted unless the person has complied with The Public Health Act and regulations thereunder.

Time limit on silicosis claims.

105(8)

No person employed in an occupation in which silicosis may be contracted is eligible for compensation unless a claim therefor is made within two years from the time at which his latest examination showed him to be free from silicosis.

Residence qualifications and exposure.

105(9)

Subject to subsection (11), nothing in this Act entitles a worker or his dependants to compensation, medical aid, or payment of burial expenses, for disability, or death from silicosis, unless the worker has been a resident of Manitoba for a period of at least two years next preceding his first disablement and has been actually exposed to dust containing silica in employment in any industry within the scope of this Part in Manitoba for periods amounting in all to at least two years preceding his disablement.

Board may make agreements.

105(10)

The board may enter into agreements with Her Majesty or any person for the purpose of carrying out The Public Health Act and regulations made thereunder, with regard to the examination of workers and applicants for employment in any industry within the scope of this Part at any occupation where silicosis may be contracted.

Exceptions to subsections (5) and(9).

105(11)

Notwithstanding subsections (5) and (9),

(a) where the board has rejected a claim under this section because

(i) the claim was not made and established within one year from the date the worker left the employment in the industry in which he was exposed to dust containing silica; or

(ii) the worker had ceased to be resident in Manitoba before he became disabled from silicosis;

the board, in its discretion, upon written application of the worker, may re-open the claim and consider it on its merits; or

(b) where a worker who had ceased to be resident in Manitoba before he became disabled from silicosis makes a claim under this section, the board, in its discretion, upon written application of the worker, may consider the claim on its merits;

and, if, in its opinion the exposure of the worker in Manitoba to dust containing silica was a major factor in bringing about the disablement, the board may award compensation under subsection (2).

Compensation to workers affected by interprovincial boundary.

106

Subject to the approval of the Lieutenant Governor in Council, the board may make and carry out arrangements with the Workmen's Compensation Board of either the Province of Saskatchewan or the Province of Ontario, or both, with respect to compensation for any industrial diseases of workers employed in any industry the operations of which extend across, and are intersected by, an inter-provincial boundary line, to the end that all workers or their dependants intended to be compensated by reason of any such disease shall receive proper compensation either according to the laws of Manitoba or according to the laws of the adjoining province.

Workers suffering from recurring occupational skin lesions deemed unfit

107(1)

Any worker who may become affected by one of the special occupational lesions commonly known as occupational dermatitis or occupational ulcerations and infections of the skin, and who has thereby become disabled for work, or who has required medical or surgical treatment for the cure of any such skin affections on three separate occasions or for three separate periods, shall, after the lapse of 12 months from the date of the beginning of the first of such occasions or periods of disability or treatment, be deemed unfit for the special class of employment in which he is then engaged.

Limitation on further claims.

107(2)

No further or subsequent similar claim for disability or medical treatment or other benefit may be made by a worker who under subsection (1), is deemed unfit for any special class of employment while he remains engaged in that employment.

Appointment of worker adviser and staff.

108(1)

Worker advisers and other employees necessary to enable the worker advisers to carry out their duties effectively shall be appointed or employed as provided in The Civil Service Act.

Duties of worker advisers.

108(2)

The worker advisers may

(a) give or cause to be given assistance to workers and dependents having claims under this Part;

(b) on behalf of workers and dependents having claims under this Part, communicate with or appear before the board, or any boards of review, or any other tribunal established by or under this Act;

(c) advise workers and dependents as to the interpretation and administration of this Act and any regulations made under this Act and of the effect and meaning of decisions made under this Act; and

(d) perform such other duties and functions as the minister may require.

Costs related to worker advisers.

108(3)

All expenses properly incurred in respect of the work of worker advisers, including the salaries of worker advisers and employees appointed under subsection (1), shall be chargeable to the accident fund but the government may pay those expenses from the Consolidated Fund and recover them from the accident fund upon notifying the board of the amounts paid from the Consolidated Fund.

Enlargement of time limited for applications.

109

Where, in the opinion of the board, an injustice would result unless an enlargement of the time prescribed by any section of this Act or by any regulation for the making of any application, the taking of any proceedings, or the doing of any other act, is granted, the board may enlarge the time so prescribed; and the enlargement may be granted either before or after the expiration of the time prescribed in this Act or any regulation.

PART II

GENERAL

Application of sections 111 and 113.

110

Sections 111 and 113 apply only to the industries to which Part I does not apply and to the workers employed in those industries; but out workers and persons whose employment is of a casual nature and who are employed otherwise than for the purposes of the employer's trade or business, who are employed in industries under the operation of Part I, but who are excluded from the benefit of Part I, are not by this section excluded from the benefit of section 111.

Liability of employer.

111(1)

Where personal injury is caused to a worker by reason of any defect in the condition or arrangement of the ways, works, machinery, plants, buildings, or premises, connected with, intended for, or used in the business of, his employer or by reason of the negligence of his employer or of any person in the service of his employer acting within the scope of his employment, the worker or, if the injury results in death, the legal personal representatives of the worker, and any person entitled in case of death, have an action against the employer; and if the action is brought by the worker he is entitled to recover from the employer the damages sustained by the worker by or in consequence of the injury; and, if the action is brought by the legal personal representatives of the worker or by or on behalf of persons entitled to damages under The Fatal Accidents Act, they are entitled to recover such damages as they are entitled to under The Fatal Accidents Act and The Trustee Act.

Liability of person supplying defective ways, work.

111(2)

Where the execution of any work is being carried into effect under any contract, and the person for whom the work is done owns or supplies any ways, works, machinery, plant, buildings, or premises, and by reason of any defect in the condition or arrangement of them personal injury is caused to a worker employed by the contractor or by any sub-contractor, and the defect arose from the negligence of the person for whom the work or any part of it is done or of some person in his service and acting within the scope of his employment, the person for whom the work or that part of the work is done is liable to the action as if the worker had been employed by him, and for that purpose shall be deemed to be the employer of the worker within the meaning of this Part; but any such contractor or sub-contractor is also liable to the action as if this subsection had not been enacted, but not so that double damages are recoverable for the same injury.

Saving.

111(3)

Nothing in subsection (2) affects any right or liability of the person for whom the work is done and the contractor or sub-contractor as between themselves.

Continuing in employment with knowledge of defect.

111(4)

A worker shall not, by reason only of his continuing in the employment of the employer with knowledge of the defect or negligence that caused his injury, be deemed to have voluntarily incurred the risk of the injury.

Common law rules superseded.

112

A worker shall be deemed not to have undertaken the risks due to the negligence of his fellow worker, and contributory negligence on the part of the worker is not a bar to recovery by him, or by any person entitled, to damages under The Fatal Accidents Act or The Trustee Act in an action for the recovery of damages for an injury sustained by or causing the death of the worker while in the service of his employer for which the employer would otherwise have been liable.

Contributory negligence.

113

Contributory negligence on the part of the worker shall nevertheless be taken into account in assessing the damages in any such action.

Authority to assume liabilities of insurers under previous Act.

114

Where an insurer has insured an employer against liability, pursuant to The Workmen's Compensation Act, being chapter 125 of the Statutes of Manitoba, 1916, now repealed, the board may enter into an agreement with the insurer to assume, on terms satisfactory to the board, the outstanding liability of the insurer under that insurance.

Advisory committee.

115

The Lieutenant Governor in Council may appoint persons, including representatives of employers and representatives of workers, to a committee to advise the Minister of Labour on matters relating to compensation or any other matter under this Act.

SCHEDULE

(Section 73)

1.

Lumbering, logging, river-driving, rafting, booming, sawmills, shingle-mills, lath-mills; manufacturing of veneer, excelsior, staves, spokes, or headings; lumber yards (including the delivery of lumber) carried on in connection with sawmills; the creosoting of timbers.

2.

Pulp and paper mills.

3.

Manufacture of furniture, interior woodwork, organs, piano actions, pianos, canoes, small boats, coffins, wicker and rattan ware, mattresses, bed-springs, artificial limbs, cork articles, cork carpets or linoleum, upholstering, picture framing and cabinet Work.

4.

Planing mills, sash and door factories, manufacture of wooden and corrugated paper boxes, cheese boxes, mouldings, window and door screens, window shades, carpet sweepers, wooden toys, articles and wares or baskets, matches or shade rollers; lumber yards (including the delivery of lumber) carried on in connection with planing mills or sash and door factories; cooperage, not including the making of staves or headings. Retail lumber yards (no mill or factory in connection).

5.

Mining; reduction of ores and smelting; preparation of metals or minerals; boring and drilling, including sinking of artesian wells (except when done by an employer coming under paragraph 13); manufacture of calcium carbide, carborundum or alundum; oil well drilling and any operations conducted therewith and incidental thereto.

6.

Sand, shale, clay or gravel pits; marble works, stone cutting or dressing; manufacture of brick, tile, terra-cotta, fire-proofing, paving blocks, sewer pipe, roof tile, plaster blocks, plaster boards, slate or artificial stone.

7.

Quarries, stone crushing, lime kilns, manufacture of cement.

8.

Manufacture of glass, glass products, glassware, porcelain or pottery.

9.

Iron, steel, or metal foundries; rolling mills; manufacture of castings, forgings, heavy engines, locomotives, machinery, safes, anchors, cables, rails, shafting, wires, tubing, pipes, shot, sheet metal, boilers, furnaces, stoves, structural steel, iron or metal.

10.

Manufacture of small castings or forgings, metal wares, utensils and articles, hardware, nails, wire goods, screens, bolts, metal beds, sanitary, water, gas, or electric fixtures, light machines, typewriters, cash registers, adding machines, carriage mountings, bicycles, metal toys, tools, cutlery, instruments, sheet metal products, buttons of metal, ivory, pearl, or horn, dry batteries, storage batteries for autos and lighting plants, cameras, sporting goods, firearms, windmills, ivory articles, rubber stamps, pads or stencils, machine shops, not elsewhere included in the Schedule; the industry of carrying on a blacksmith shop.

11.

Manufacture of agricultural implements, threshing machines, traction engines, wagons, carriages, sleighs, vehicles, automobiles, motor trucks, toy wagons, sleighs or baby carriages; car shops, aeroplanes and hydroplanes (no flying); and the operation of farm machinery agencies.

12.

Manufacture of gold and silverware, plateware, watches, watchcases, clocks, jewellery or musical instruments.

13.

Manufacture of chemicals, corrosive acids, or salts, ammonia, gasoline, petroleum, petroleum products, celluloid, gas, charcoal, artificial ice, including the handling and delivery thereof; wood alcohol, celluloid articles; the manufacture, transmission and distribution of natural or artificial gas and operations connected therewith; the cutting, storing, handling and delivery of natural ice; the operation of bulk oil agencies.

14.

The manufacture of fireworks, gun-powder, ammunition, nitroglycerine, dynamite, gun-cotton or other high explosives.

15.

Manufacture of paints, colour, varnish, oil, japans, turpentine, printing ink, printers' rollers, tar, or tarred, pitched or asphalted paper.

16.

Distilleries, breweries, bottling works; manufacture of spirituous or malt liquors, malt, alcohol, wine, vinegar, cider, mineral water.

17.

Manufacture of non-hazardous chemicals, drugs, medicines, dyes, extracts, pharmaceutical or toilet preparations, soaps, candles, perfumes, non-corrosive acids or chemical preparations; shoe-blacking or polish, yeast, baking powder or mucilage.

18.

Milling; manufacture of cereals or cattle foods, warehousing or handling of grain or operation of grain elevators.

19.

Manufacture or preparation and wholesale distribution of meats or meat products.

20.

Packing houses, abattoirs, cold storage warehouses, manufacture of fertilizers, glue, and all work incidental thereto (not incidental to any other industry). The operation of stockyards with railway entry; the operation of cold storage locker plants.

21.

Tanneries.

22.

Manufacture of leather goods and products, belting, whips, saddlery, harness, trunks, valises, trusses, imitation leather, boots, shoes, gloves, umbrellas, rubber goods, rubber shoes, tubing, tires, or hose.

23.

Sugar refineries; manufacture of dairy products, butter, cheese, condensed milk or cream, biscuits, confectionery, spices, condiments, salt or any kind of starch; bakeries.

24.

Canning or preparation of fruit, vegetables, fish or foodstuffs; pickle factories.

25.

Manufacture of tobacco, cigars, cigarettes or tobacco products.

26.

Flax mills, manufacture of textiles or fabrics, spinning, weaving, and knitting manufactories, manufacture of yarn, thread, hosiery, cloth, blankets, carpets, canvas, bags, shoddy, felt, cordage, plastic material, ropes, fibre brooms, or brushes; asbestos goods, hair cloth and other hair goods; work in manilia or hemp; tents, awnings and articles not otherwise specified made from fabrics or cordage; the erection of awnings by the manufacturer.

27.

Manufacture of men's and women's clothing, whitewear, shirts, collars, corsets, hats, caps, furs, robes, feathers or artificial flowers.

28.

Power laundries, dyeing, cleaning or bleaching.

29.

Printing, photo-engraving, engraving, lithographing, book-binding, embossing, manufacture of stationery, paper, cardboard boxes, bags, wall-paper, or papier-mache.

30.

Heavy teaming or cartage; safe-moving or moving of boilers, heavy machinery, building stone and the like, warehousing, storage, teaming and cartage, including the hauling for hire by means of any vehicle, howsoever drawn or propelled, of any commodity or material; scavenging, street cleaning or removal of snow or ice; the operation of wholesale establishments; coal, wood, lumber; and builders' supply industries.

31.

The operation of retail establishments.

32.

The operation of hospitals, nursing homes, personal care homes, group homes and child care homes or centres.

33.

The operation of hotels and restaurants including those that sell intoxicating liquors.

34.

The operation of radio stations, other than those operated by the Crown or by an agency of the Crown or by a corporation controlled by the Crown.

35.

The operation of coaling plants or stations.

36.

Steel building and bridge construction; installation of elevators, fire escapes, boilers, engines or heavy machinery, bridge building, not included elsewhere in the Schedule; erection of windmills.

37.

Bricklaying, mason work, stone setting, concrete work, plastering, manufacture of concrete blocks; structural carpentry, lathing, installation of pipe organs; house wrecking or house moving.

38.

Painting, decorating or renovating; sheet metal work and roofing.

39.

Plumbing, sanitary or heating engineering, gas and steam fitting; the work of artisans and mechanics employed for their whole time at their trade in an industry not classified herein; operation of theatres, operation of passenger or freight elevators which are not operated in connection with an industry included in another class, including the operation of elevators used in connection with an industry to which this Schedule does not apply or in connection with a warehouse or shop or an office or other building or premises.

40.

Sewer construction, tunnelling, shaft-sinking and well-digging, the maintenance and operation of a waterworks system; excavation work for cellars, foundations and canals; trenching less than six feet deep, for gas pipes, water pipes or wire conduits; and all excavation work where the depth is more than six feet and the width is less than half the depth.

41.

Construction, installation or operation of electric power lines or appliances and power transmission lines, electric wiring of buildings and installation of lighting fixtures; construction or operation of an electric light system, construction or operation of an electric light works not included elsewhere in the Schedule; construction or operation of telegraph or telephone lines, construction or operation of telephone lines and works for the purpose of the business of a telephone company or used or to be used in connection with its business when constructed or operated by the company.

42.

Construction or operation of railways, road making or repair of roads with machinery; making and repairing of roads of all kinds not included elsewhere in the Schedule, manufacture of asphalt material and paving material.

43.

Ship-building, dredging, subaqueous construction or pile-driving, fishing, stevedoring, operation of and work upon wharves, operation of dry docks, not included elsewhere in the Schedule.

44.

If not included elsewhere in the Schedule, any trade or business connected with the industries of, lumbering, mining, quarrying, fishing, manufacturing, building, construction, engineering, transportation, operation of electric power lines, waterworks and other public utilities, navigation, operation of boats, ships, tugs and dredges, operation of grain elevators and warehouses, teaming, scavenging and street cleaning, painting, decorating and renovating, dyeing and cleaning, or any occupation incidental thereto or immediately connected therewith.

45.

The trade or business, of a municipal corporation, a public utilities commission, or any other commission having the management and conduct of any work or service owned by or operated for a municipal corporation or a board of school trustees, and policemen, firemen or ferrymen employees of such a corporation.

46.

The construction or operation of car shops, machine shops, steam and power plants and other works for the purposes of any such railway or used or to be used in connection with it when constructed or operated by the company which owns or operates the railway.

47.

The construction or operation of steam vessels and works for the purpose of the business of a navigation company or used or to be used in connection with its business when constructed or operated by the company and all other navigation, towing, operation of vessels and marine wrecking.

48.

The operation of the business of an express company which operates on or in conjunction with a railway, or of sleeping, parlour or dining cars, whether operated by the railway company or by an express, sleeping, parlour or dining car company.

49.

The operation as an industry (otherwise than on tracks) on streets, highways or elsewhere of cars, trucks, wagons or other vehicles and rollers and engines propelled by steam, gas, gasoline, electric, mechanical or other power or drawn by horses or mules. (This paragraph does not include the operation of aircraft).

50.

Auto garages, including sale of gasoline, oil, accessories and storage of cars (not including manufacture of cars).

51.

The operation of the business of undertakers and funeral directors.

52.

The employment of a person in domestic service in a home for more than 24 hours a week other than a person employed in a private family home and paid by a member of that family where the person is employed as a sitter to attend primarily to the needs of a child who is a member of the household or as a companion to attend primarily to the needs of an aged, infirm or ill member of the household.