Excluded Industries, Employers and Workers Regulation

Excluded Industries, Employers and Workers Regulation, M.R. 196/2005 The Workers Compensation Act , C.C.S.M. c. W200 Regulation 196/2005 Registered December 23, 2005 bilingual version (HTML) Definition 1 In this regulation, " Act " means The Workers Compensation Act . Application 2 The industries, employers and workers listed in Schedule A are excluded from being within the scope of Part I of the Act. Exceptions 3 Section 2 does not apply to (a) an industry listed in Schedule A that is operated by (i) a municipal corporation, (ii) the Crown in right of the Province of Manitoba, or (iii) an agency of government, as that expression is defined in subsection 76(5) of the Act; and (b) artisans and mechanics listed in Schedule B who are workers or helpers employed full time in their trade in an industry listed in Schedule A. Coming into force 4 This regulation comes into force on the same day that section 4 of The Workers Compensation Amendment Act , S.M. 2005, c. 17 comes into force. SCHEDULE A Accounting 1 Provision of accounting and tax preparation services, including accounting, auditing, bookkeeping or income tax services; provision of actuarial services or agricultural financial services; carrying on business as a tax consultant. Associations 2(1) Operation of a community or cultural association, fraternity or sorority. 2(2) Operation of a professional or trade association, board or committee. Athletes and entertainers 3 Athletes and entertainers, including artists and music arrangers. Banking and financial services 4(1) Provision of financial services, including those provided by a financial institution such as a bank, credit union, trust company, credit institution, credit card company or leasing company; carrying on business as a mortgage company, finance or loan company, inventory loan company, pension plan, cheque cashing service company; operation of a currency or foreign exchange. 4(2) Provision of investment and financial planning services, including savings plan services; carrying on business as a bond, investment, mutual fund or stock dealer; carrying on business as a securities broker. 4(3) Provision of credit rating or reporting services; carrying on the business of a credit reporting bureau. Business consulting 5 Carrying on business as a business consultant, including a communication, motivational, personnel management, public relations or sales and marketing consultant; carrying on the business of selling franchise operations. Business office 6 Operation of a business office that is incidental to an excluded industry. Business services 7(1) Provision of business services, including the following: arbitration, mediation and dispute resolution services; data entry and data processing services; desktop publishing services; fax and bulk mailing services; information services; mailing list and database services; paging, calling and signalling services; pollsters and information survey companies; professional writing services; telephone answering services incidental to an excluded industry; translation and interpretation services; valuation services; web design and hosting services. 7(2) Operation of a business centre, Better Business Bureau or tourist information and convention bureau. Charities 8 Operation of a charitable foundation, institution or organization. Collection agency 9 Provision of collection services; carrying on business as a collection agency. Computer services 10 Provision of computer programming and consulting services, including computer processing services, systems and equipment. Consulates and embassies 11 Operation of a consulate or foreign embassy. Domestic employment 12 Employers who employ a person for less than 24 hours a week in domestic service, as a sitter to attend to a child in the care of that employer or as a companion to attend primarily to the needs of an aged, infirm or ill member of that employer's family. Elected officials 13 Elected provincial and municipal officials. Employment agencies 14 Operation of an employment agency, including an executive search agency or talent and modelling agency. (This category does not include labour supply firms.) Farmers and family members of farmers 15(1) A farmer or a family member of a farmer engaged in farming on a farm that is owned or operated (a) by the farmer, or (b) by a family farm corporation — being a corporation (i) that is primarily engaged in the business of farming, (ii) that is under the control in fact of the farmer, a family member of the farmer or any combination of them, and (iii) of which a majority of the issued and outstanding shares of each class of shares are legally and beneficially owned by the farmer, a family member of the farmer or any combination of them. 15(2) The following definitions apply in this section. "family member of a farmer" means (a) a spouse or common-law partner of the farmer; (b) a child of the farmer or a child of the farmer's spouse or common-law partner; (c) a parent of the farmer or a spouse or common-law partner of the parent; (d) a brother, sister, step-brother, step-sister, uncle, aunt, nephew, niece, grandchild or grandparent of the farmer or of the farmer's spouse or common-law partner; (e) a parent of the farmer's spouse or common-law partner; (f) a current or former foster parent of the farmer or of the farmer's spouse or common-law partner; (g) a current or former foster child, ward or guardian of the farmer or of the farmer's spouse or common-law partner; (h) the spouse or common-law partner of a person mentioned in any of clauses (d) to (g); and (i) any other person whom the farmer considers to be like a close relative, whether or not they are related by blood, adoption, marriage or common-law relationship. (« membre de la famille d'un agriculteur ») "farming" means the primary production of livestock, poultry, livestock and poultry products, fruits, vegetables, grains, oilseeds, pulse, forage, market garden or horticultural products or other agricultural products, and includes the cutting of timber or lumber ties, cordwood or pulpwood. (« agriculture ») "farmer" means an individual who (a) receives a significant portion of his or her income either directly or indirectly from his or her occupation of farming; and (b) spends a significant portion of his or her time actively engaged in farming. (« agriculteur ») Health care services 16(1) Provision of health care services by a physician, nurse, dentist, chiropractor, occupational therapist, optometrist, physiotherapist, podiatrist or psychologist. (This category does not include (a) those health care services provided in conjunction with a manufacturing or retail component; or (b) those health care services provided (i) by a regional health authority or a subsidiary health corporation under The Regional Health Authorities Act ; (ii) by a firm that provides medical services at a hospital or home care services to the elderly or infirm, or (iii) in a facility offering medical care and overnight accommodation.) 16(2) Provision of optician or denturist services. Industry or employer on reserve land 17 Carrying on of any industry or business by an Indian or an Indian band or bands on reserve land, including the management and operation of the band and band council. (Where the industry or business is carried on by a corporation or partnership, the majority ownership must be held by an Indian or Indian band.) Insurance 18 Operation of an insurance company or a bonding company; carrying on business as an insurance agent, insurance adjuster or private adjuster. Land development 19 Carrying on the business of land development. Legal services 20 Provision of legal services; operation of a law firm; carrying on business as a lawyer, patent or trademark agent; carrying on business as a trustee in bankruptcy; provision of liquidation or receivership services; carrying on business as a notary public; carrying on business as a court reporter. Motor association 21 Carrying on business as a motor or automobile association. Personal grooming and aesthetic services 22 Operation of a beauty spa, hair or tanning salon; carrying on business as an aesthetician, barber or hairdresser; provision of personal grooming services, including body piercing, electrolysis, tanning or tattooing. Personal services 23 Provision of personal services, including party planning, hypnotism, tutoring, wake-up service, wedding planning; carrying on business as a personal chef; carrying on the business of a personal service bureau; provision of credit counseling or management services. Private investigation 24 Carrying on business as a private investigator; provision of bailiff services; carrying on business as a process server. Real estate 25 Operation of a real estate agency; carrying on business as a real estate agent or broker. Recreation 26(1) Operation of an amusement or video arcade, billiard parlour, pool hall or bowling alley. 26(2) Operation of a carnival, circus, travelling amusement fair, stampede or rodeo. 26(3) Operation of a private, semi-private or public club, including a community club, golf and country club, legion hall or social club. 26(4) Operation of a recreational and sporting facility, including an amusement park, archery range, arena, cricket field, community recreation centre, curling rink, golf driving range, gun club or shooting range, ice or roller skating rink, lawn bowling greens, miniature golf course, race track, ski resort, squash, racquetball or badminton club, swimming pool, tennis club or water slide. 26(5) Operation of a conservatory, nature centre or zoo. 26(6) Operation of a sports association or organization, including a baseball club, football club, hockey club or racing club. 26(7) Operation of a skydiving establishment. Religious organizations 27 Operation of a church, synagogue, mosque or other building used for religious purposes; administration of a religious organization or order; members of the clergy. Sports and entertainment promotion and instruction 28 Carrying on the business of sports or entertainment promotion; carrying on the business of professional or amateur sports instruction. Teachers etc. 29 Public or independent school principals, vice-principals and teachers in respect to kindergarten to grade 12. M.R. 115/2025 Training 30 Provision of private instruction or training in the arts, a technical skill or vocational career, including art instruction, language training, martial arts instruction; carrying on business as a music instructor; operation of a dance studio. Transportation (employer's own goods) 31 Employers transporting their own goods who have no place of business and no stock of goods in Manitoba. Transportation (worker outside Canada) 32 Workers who ordinarily reside outside Canada and are temporarily working in or travelling through Manitoba and are employed in the air transport or cartage trucking industry by an employer whose principal place of business is outside Canada. Travel agency 33 Carrying on business as a travel agency or ticket booking agent. Universities and colleges 34 Operation of a university or college not otherwise covered under the Act. M.R. 153/2006 ; 169/2008 SCHEDULE B (a) airframe and aeroengine mechanics; (b) asbestos workers; (c) auto mechanics; (d) bakers; (e) boilermakers; (f) bookbinders; (g) bricklayers and masons; (h) bridge and structural workers; (i) carpenters; (j) coopers; (k) electricians; (l) machinists; (m) marble workers; (n) moulders; (o) painters and paperhangers; (p) pattern makers; (q) plasterers; (r) plumbers and steamfitters; (s) printers and pressmen; (t) stone cutters; (u) tinsmiths and sheet metal workers.