Definitions and Interpretation (Universal Bodily Injury Compensation) Regulation

Definitions and Interpretation (Universal Bodily Injury Compensation) Regulation, M.R. 37/94 The Manitoba Public Insurance Corporation Act , C.C.S.M. c. P215 Regulation 37/94 Registered February 10, 1994 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application 3 Loss of status as person resident in Manitoba 4 Meaning of "full-time employment" 5 Meaning of "part-time employment" 6 Meaning of "emporary employment" 7 Meaning of "employment normally available" 8 Meaning of "unable to hold employment" 9 Meaning of "unable to take care" 9.1 Meaning of "personal transportation vehicle" and "registrable" 10 Coming into force Definitions 1 In this regulation, "Act" means The Manitoba Public Insurance Corporation Act ; («  Loi  ») "income replacement indemnity" means an income replacement indemnity under Division 2 of the Act; (« indemnité de remplacement du revenu ») "person resident in Manitoba" means, subject to this regulation, a person whose domicile or habitual residence is in Manitoba, as determined under The Domicile and Habitual Residence Act ; (« résident du Manitoba ») "post-secondary educational institution" means a university, a technical or professional training school, a college established under The Colleges Act , or other institution of learning recognized by the corporation; (« établissement d'enseignement postsecondaire ») "private vehicle" includes a taxi. (« véhicule privé ») Application 2 This regulation applies to the interpretation of a regulation enacted under the Part 2 (Universal Bodily Injury Compensation) of the Act, unless a contrary intention appears in the regulation. Loss of status as person resident in Manitoba 3(1) Subject to this section, a person resident in Manitoba loses that status (a) when the person is maintaining a residence outside Manitoba, unless the person is ordinarily in Manitoba for at least 183 days in each year; or (b) where the person is absent from Manitoba for more than 12 consecutive months, from the last day of the twelfth month following the day of the person's departure from Manitoba. Exceptions 3(2) A person resident in Manitoba retains that status in the following circumstances: (a) the person is registered as a student and pursuing a program of studies at an educational institution outside Manitoba; (b) the person resides outside Manitoba while engaged as a full-time, unpaid trainee at a post-secondary educational institution or a governmental or international agency; (c) the person is outside Manitoba in the employ of the Government of Manitoba or the Government of Canada or an agency of either government; or (d) the person is residing outside Manitoba for more than 12 consecutive months (i) for the purpose of assuming a temporary employment or fulfilling a contract, and (ii) while maintaining a residence in Manitoba, and the person notifies the corporation in writing, before the expiration of the 12 months, that he or she is unable to return to Manitoba within the 12 months. Status of spouse and minor child 3(3) The spouse and any minor child of a person referred to in subsection (2) who have the status of a person resident in Manitoba retain the status while they accompany and reside with the person. Meaning of "full-time employment" 4 A person holds regular employment on a full-time basis in the following circumstances: (a) the person is employed at one employment for not less than 28 hours, not including overtime hours, in each week of the year preceding the day of the accident; or (b) the person is employed at one employment (i) for at least 28 hours per week, not including overtime hours, and (ii) for not less than two years, for successive or intermittent periods of not less than eight months and with intervals of not more than four months. Meaning of "part-time employment" 5 A person holds regular employment on a part-time basis where the person is employed for less than 28 hours per week, not including overtime hours. Meaning of "temporary employment" 6 A person holds a regular employment on a temporary basis where the person (a) has held the employment for less than one year before the day of the accident; (b) during the course of the employment, has been employed for not less than 28 hours per week, not including overtime hours; and (c) is not covered by clause 4(b). Meaning of "employment normally available" 7 For the purpose of clause 109(2)⁠(a) of the Act, an employment is normally available to a victim when, at the time the corporation determines an employment for the victim, (a) the employment is being performed or is about to be performed by the victim; (b) the employment or the category of employment is the subject of an advertisement for employment; or (c) the employment or the category of employment exists and is likely to continue as an employment or category of employment within the foreseeable future. Meaning of "unable to hold employment" 8 A victim is unable to hold employment when a physical or mental injury that was caused by the accident renders the victim entirely or substantially unable to perform the essential duties of the employment that were performed by the victim at the time of the accident or that the victim would have performed but for the accident. Meaning of "unable to take care" 9 For the purpose of subsection 132(1) of the Act, a victim is unable to take care of a person when a physical or mental injury that was caused by the accident renders the victim entirely or substantially unable to perform the essential duties that were performed by the victim in taking care of the person at the time of the accident or that the victim would have performed but for the accident. Meaning of "personal transportation vehicle" 9.1(1) For the purpose of subclause 71(2)⁠(b)⁠(vi) of the Act, a personal transportation vehicle is a vehicle — other than a vehicle that is registrable — or device propelled by an electric, liquid fuel or solar powered motor that is designed and intended to transport one or more persons on land, and includes a motorized foot scooter, a motor-powered skateboard, a kids car, a pocket or mini bike (motorcycle), a Segway or any other self-balancing vehicle or device. Meaning of "registrable" 9.1(2) In subsection (1), a vehicle is "registrable" if (a) the vehicle complies with the Motor Vehicle Safety Act (Canada) and the regulations under that Act and meets the requirements to be registered as a motor vehicle under The Drivers and Vehicles Act ; or (b) the vehicle has been registered by the registrar under subsection 43(2) of The Drivers and Vehicles Act . M.R. 189/2014 Coming into force 10 This regulation comes into force on March 1, 1994.