Residency and Registration Regulation

Residency and Registration Regulation, M.R. 54/93 The Health Services Insurance Act , C.C.S.M. c. H35 Regulation 54/93 Registered March 19, 1993 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 Registrars 2-5 Registration 6 Waiting period 7-8 Deemed residency 8.1 Adopted children 9 Minister to determine residency 10 Reporting of information 11 Registration by employer 12 Registration certificates 13 Out of province certificates 14 Coming into force Definitions 1 In this regulation, "Act" means The Health Services Insurance Act ; («  Loi  ») "agricultural service" means (a) a service provided by a person in any of the following occupations: (i) general farm worker, (ii) harvesting labourer, (iii) livestock worker, or (b) any other service, directly related to primary agriculture, approved by the minister; (« service agricole ») "common-law partner" means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait ») "family registrant" means a person who has registered with the minister in his or her own name and on behalf of one or more of his or her resident dependants; (« chef de famille ») "member of the Royal Canadian Mounted Police" includes a person appointed as a special constable by the commissioner of the Royal Canadian Mounted Police and designated by that commissioner as being eligible to receive health services at the expense of the Force; (« membre de la Gendarmerie royale du Canada ») "registrar" means a registrar described in section 1.1; (« registraire ») "single person" means a person with no resident dependants in Manitoba. (« célibataire ») M.R. 112/94; 163/2010 ; 134/2013 ; 137/2024 Registrars 1.1(1) For the purpose of the Act and this regulation, every municipality and every employer is a registrar who is required to accept registrations made under the Act. 1.1(2) In addition, the minister may authorize any other person to act as a registrar. M.R. 112/94 Registration 2(1) Every person who is not already registered and who (a) is or becomes a resident; and (b) is not a dependant; shall immediately register himself or herself and his or her dependants, if any, with the minister directly or through a registrar. 2(2) A resident who ceases to be a dependant shall immediately register himself or herself and his or her dependants, if any, with the minister directly or through a registrar. 2(3) Within one month of ceasing to be (a) a member of the Canadian Armed Forces; or (b) [repealed] M.R. 40/2013 ; (c) an inmate of a penitentiary who has no resident dependants; a resident shall register himself or herself and his or her resident dependants, if any, with the minister directly or through a registrar. M.R. 40/2013 Changes in status 3(1) In this section, "change in status" means the circumstance of a single person or a resident dependant becoming a family registrant, or a family registrant becoming a single person. 3(2) A person who is registered shall report to the minister any change in status within one month after the change has occurred. 3(3) A person who changes his or her name or address as filed with the minister shall within one month after the change has occurred cause to be filed with the minister, in a manner prescribed by the minister, notice of the change of name or address, or both. Failure to register 4 If the minister is aware of a person who is required to register but who has failed to do so, the minister may cause the registration of that person. Registration by non-resident void 5 A person who is not a resident is not entitled to register, and any registration by or on behalf of a person who is not a resident is void. Waiting period 6(1) A resident who was a resident of another Canadian province or territory immediately before his or her arrival in Manitoba is not entitled to benefits until the first day of the third month following the month of arrival. 6(2) Despite subsection (1), a resident who (a) was a resident of another Canadian province or territory immediately before his or her arrival in Manitoba; and (b) is a dependant of a member of the Canadian Armed Forces; is entitled to benefits commencing on the first day of his or her arrival in Manitoba. M.R. 22/2013 Deemed residency of persons absent from Manitoba 7(1) Upon presentation of proof satisfactory to the minister, each of the following persons is deemed to remain a resident while absent from Manitoba: (a) a person (i) who is temporarily absent from Manitoba for the purpose of being in full-time attendance in a course of study at an accredited educational institution, and (ii) who intends to return to and reside in Manitoba immediately after completion of the course of study and reasonable travelling time; (b) a person (i) who is temporarily absent from Manitoba for a period not exceeding 24 consecutive months for the purpose of (A) taking full-time employment outside of Canada under a written contract of employment, (B) taking, outside of Canada, a sabbatical leave, or advanced or supplementary training or instruction while on educational leave from employment, or (C) serving outside of Canada as a humanitarian aid worker or missionary on behalf of an organization approved as a registered charity under the Income Tax Act (Canada), and (ii) who intends to return to and reside in Manitoba immediately after the completion of the purposes referred to in paragraphs (A) to (C) and reasonable travelling time; (b.1) a person (i) who is temporarily absent from Manitoba for a period not exceeding 12 consecutive months for a purpose referred to in clause (b), if the purpose is undertaken within Canada, and (ii) who intends to return to and reside in Manitoba immediately after completion of the purpose and reasonable travelling time; (c) a person who is legally entitled to be in Canada and who makes his or her home in Manitoba, but is not physically present in the province for six months in a calendar year, but whose period of absence is extended in accordance with subsection (3); and (d) any person who is absent from Manitoba with no intention of returning, whose spouse or common-law partner, following the absence, (i) maintains a home in Manitoba, (ii) is not living separate and apart from the person under a court order, separation agreement or otherwise, and (iii) intends to join the person outside Manitoba, but only for a period of time not exceeding 12 consecutive months, during which the conditions set out in subclauses (i) to (iii) are satisfied; (e) a person who is absent from Manitoba, with no intention of returning, for the purpose of taking up residence elsewhere in Canada but only for a period ending on the first day of the third month following arrival in that person's new residence; (f) a person who is absent from Manitoba with no intention of returning, for the purpose of taking up residence outside of Canada but only for a period up to and including the last day of the second month following the month of departure from Manitoba; and (g) a person who is legally entitled to be in Canada and who makes his or her home in Manitoba, but is temporarily absent from Canada for a period not exceeding seven months in a 12-month period for the purpose of temporarily residing outside of Canada, if the person intends to return to and reside in Manitoba immediately after the temporary absence. 7(2) A resident dependant of a person who in the course of employment with the Canadian Armed Forces leaves Manitoba to take up residence outside Canada ceases to be a resident for the purposes of the Act and this regulation when that dependant becomes eligible to receive health insurance benefits under a plan of insurance established by the Government of Canada. 7(2.1) A resident member of the Royal Canadian Mounted Police who in the course of employment with that organization leaves Manitoba to take up residence outside Canada ceases to be a resident for the purposes of the Act and this regulation when he or she becomes eligible to receive health insurance benefits under a plan of insurance established by the Government of Canada. Each resident dependant (if any) of that person also ceases to be a resident for the purposes of the Act and this regulation when the dependant becomes eligible to receive health insurance benefits under a plan of insurance established by the Government of Canada. 7(3) The minister may extend any period referred to in clauses (1)⁠(a) to (c), or in clause (1)⁠(g), for a further period the minister considers proper where the minister is satisfied that (a) the person intends to return to and reside in Manitoba; and (b) unforeseen or extenuating circumstances exist which warrant the extension. M.R. 163/2010 ; 22/2013 ; 40/2013 Deemed residency of persons permanently resident outside Canada 8(1) Upon presentation of proof satisfactory to the minister, a person, while legally entitled to be in Canada, although his or her permanent residence is outside Canada, is deemed to be a resident of Manitoba while he or she makes his or her home in Manitoba, and while he or she (a) is legally entitled to work in Manitoba under one or more work permits totalling 12 consecutive months or more; (a.1) [repealed]  M.R. 37/2018 ; (b) is a spouse, common-law partner or minor child of a person referred to in clause (a) and the spouse, common-law partner or minor child is entitled to be in Canada for a period of at least six consecutive months. 8(1.1) Upon presentation of proof satisfactory to the minister, a person, while legally entitled to be in Canada, although his or her permanent residence is outside Canada, is deemed to be a resident of Manitoba while he or she makes his or her home in Manitoba, and while he or she (a) is legally entitled to work in Manitoba under one or more work permits and is providing an agricultural service in Manitoba; or (b) is a spouse, common-law partner or minor child of a person referred to in clause (a) and the spouse, common-law partner or child is entitled to be in Canada. 8(2) For greater certainty, a person described in subsection (1) or (1.1) is deemed to be a resident from the day the person satisfies the requirements of at least one clause of either of those subsections until the earlier of (a) the day that the person no longer makes his or her home in Manitoba; or (b) the day that the person no longer satisfies the requirements of at least one clause of subsection (1) or (1.1). 8(3) A person described in subsection (1) who holds a temporary resident permit under the Immigration and Refugee Protection Act (Canada) is not deemed to be a resident unless the minister determines otherwise. M.R. 163/2010 ; 153/2011 ; 176/2011 ; 134/2013 ; 37/2018 Adopted children 8.1(1) Upon presentation of proof satisfactory to the minister, a child born outside of Canada, who is legally entitled to be in Canada and who is physically present in Manitoba, is deemed to be a resident of Manitoba if (a) he or she has been legally adopted by a resident or by residents of Manitoba; or (b) he or she is residing with a resident or with residents of Manitoba, and the resident or residents, as the case may be, are in the process of legally adopting the child; and the resident or residents, as the case may be, are in compliance with The Adoption Act in relation to the adoption of the child. 8.1(2) A child described in subsection (1) is considered a resident from the day that the requirements of that subsection are met until the day that those requirements are no longer met. 8.1(3) If the resident or residents who have or are in the process of adopting a child described in subsection (1) are subject to the waiting period described in subsection 6(1), the child is deemed to be subject to the waiting period until the period has expired for the adopting resident or residents. M.R. 163/2010 ; 22/2013 Minister to determine residency 9 Where for the purposes of the Act or this regulation any question arises as to whether a person is a resident, the minister, on such evidence and after considering such representations as the minister considers advisable, shall determine the question. Reporting of information 10 Every registrar shall report to the minister without delay the name and address of any resident who fails to register, and report such other information as the minister may require from time to time. Registration by employer 11(1) Every employer shall register with the minister in such form and give such information as the minister may require within one month of the date on which he or she becomes an employer. 11(2) Every employer who ceases to be an employer shall notify the minister in such form and give such information as the minister may require within one month of the date on which he or she ceases to be an employer. Registration certificates 12(1) The minister must issue a registration certificate in a form approved by the minister in respect of each insured person. 12(2) The minister may deliver the registration certificate (a) to the insured person; (b) in the case of an insured person who is a resident dependant, to the family registrant; (c) to the legal representative of the insured person if the insured person is unable to manage their own affairs; or (d) to another person the minister determines is appropriate in the circumstances. M.R. 137/2024 Out of province registration certificates 13(1) The minister may issue an out of province registration certificate to a person who meets the requirements of subsection 7(1) and who applies for a certificate. 13(2) A person to whom an out of province registration certificate has been issued and the dependants of that person continue to be insured persons until the certificate expires or the person ceases to meet the requirements of subsection 7(1) if earlier. Coming into force 14 This regulation comes into force on March 31, 1993.