Declaration of Workers in Government Employment Orders

Declaration of Workers in Government Employment Orders, M.R. 545/88 R The Workers Compensation Act , C.C.S.M. c. W200 Regulation 545/88 R Registered December 12, 1988 bilingual version (HTML) Declaration and compensation 1 The persons or classes of persons set out in the Schedule are declared to be workers in the employment of the government for purposes of subsection 77(1) of The Workers Compensation Act and are eligible for compensation in accordance with subsection 77(3) unless another scheme of compensation for those workers is set out in that section of the Schedule. SCHEDULE (Section 1) 1 Persons hired under the Manitoba Student Employment Program. 2 Persons who are enrolled as (a) students in a course offered by (i) the University of Manitoba, (ii) the University of Winnipeg, (iii) the University of Brandon, (iv) the Université de Saint-Boniface, (v) a college as defined in section 1 of The Colleges Act , (vi) University College of the North, (vii) the Manitoba Institute of Trades and Technology, or (viii) Red River College Polytechnic; and (b) learners in a course offered by a registered centre, as "learner" and " registered centre" are defined in section 1 of The Adult Learning Centres Act ; and who, as part of that course, perform work for another person engaged in any trade, business, industry or occupation but are not employed by that other person, while performing that work for that other person, regardless of whether employees of that other person are entitled to benefits under The Workers Compensation Act . M.R. 158/94; 113/2005 ; 37/2015 ; 133/2019 3(1) In this section, "department" has the same meaning as it has under The Education Administration Act ; (« ministère ») "pupil" has the same meaning as it has under The Public Schools Act . (« élève ») 3(2) A person who is enrolled in a course approved by the Minister of Education, (a) as a pupil in a school division or school district; (b) as a pupil in a private school eligible for funding under the Private Schools Grants Regulation, 1991-1992 , Manitoba Regulation 150/90; or (c) in an educational project of an organization or group that has an agreement with the department pursuant to which a grant is made under section 196 of The Public Schools Act ; and who performs work, as part of the course, for another person engaged in a trade, business, industry or occupation, but is not employed by the other person, while performing the work, regardless of whether any employee of the other person is entitled to benefits under The Workers Compensation Act . M.R. 72/93 3.1(1) A person who is enrolled as a pupil in a school division or school district, or a private school described in clause 3(2)⁠(b), who, as part of his or her program, enters into an apprenticeship agreement under The Apprenticeship and Certification Act , while performing practical experience in accordance with that agreement, if the pupil does not otherwise have coverage under The Workers Compensation Act . 3.1(2) In this section, "program" has the same meaning as in subsection 1(1) of The Public Schools Act . M.R. 127/2011 4(1) Students enrolled in the psychiatric nurse training programs at the Brandon Mental Health Centre, the Selkirk Mental Health Centre or the Manitoba Developmental Centre who, as part of that program, perform work at these institutions or for another hospital or institution. 4(2) Volunteers who perform work at or for the Manitoba Developmental Centre, the Selkirk Mental Health Centre or the Brandon Mental Health Centre. 4(3) Persons who are enrolled in work experience/activity programs at the Selkirk Mental Health Centre, the Brandon Mental Health Centre or the Manitoba Developmental Centre and who as part of the program perform work for another person but are not employed by that other person. M.R. 37/2015 5 Persons who are appointed from time to time to a board, commission, agency, or committee of the Manitoba Government and perform work for the Manitoba Government in relation to their appointment, and who are not otherwise covered by The Workers Compensation Act in relation to their appointment to a board, commission, agency or committee of the Manitoba Government, while performing work for the Manitoba Government in relation to their appointment to a board, commission, agency or committee, and the level of compensation in case of disability is to be determined according to the greater of the person's average earnings as determined by the Workers Compensation Board or as provided in subsection 77(3). 6 Persons who are employed under the authority of The Legislative Assembly Management Commission Act . 7 Persons or classes of persons who are enrolled as students in a college, as defined in The Colleges Act , in courses or programs offered at the college and whose training is sponsored under the Canada Manitoba Training Agreement made the twenty-ninth day of September, 1982, between the Government of Manitoba and the Government of Canada pursuant to the National Training Act , Statutes of Canada 1980-1981-1982-1983, c. 109, while taking such a course or program. M.R. 158/94 8 Persons employed by or under: (a) the Manitoba Career Start Program; (b) the Manitoba Youth Jobs Centre Program; (c) the Northern Youth Corps Program; (d) the Job Access for Young Adults Program; (e) the Job Training for Tomorrow Program; who otherwise do not have coverage under The Workers Compensation Act . 9(1) Persons, not being members of the Civil Service, who are authorized to perform services or assist in the administration of a program approved by the Assistant Deputy Minister, Corrections, or his designate. 9(2) Persons under the order of a Criminal or Youth Court or in a program established or authorized pursuant to Federal or Provincial legislation respecting offenders or alleged offenders, who are in a program performing work approved by the Assistant Deputy Minister, Corrections, or his designate. 9(3) Inmates of correctional institutions, remand centres and young persons committed to places of detention or custody under the Young Offenders Act (Canada) while performing work in a program approved by the Assistant Deputy Minister, Corrections, or his designate. 10(1) Persons with a mental, psychiatric or physical disability who have applied and received approval from the Department of Community Services, and are attending (a) an occupational activity centre and participating in a prevocational training or developmental program funded by the Department of Community Services; (b) an occupational activity centre and participating in a non-facility based program funded by the Department of Community Services including a work experience placement where the participant is not an employee of the employer; (c) a vocational or employment training program funded by the Department of Community Services including a work experience placement where the participant is not an employee of the employer; or (d) a vocational rehabilitation program or placement approved by the Provincial Co-ordinator or designate appointed under the Vocational Rehabilitation of Disabled Persons Act (Canada). 10(2) Subject to subsection (3), where personal injury or death occurs to a person referred to in subsection (1), compensation shall be the greater of (a) 75% of the person's actual weekly earnings at the time of the accident; or (b) the minimum wage for persons 18 years of age or over in effect at the time of the accident, as established under The Employment Standards Code or a predecessor to that Act, multiplied by the number of hours worked per week by the person. 10(3) Where the person's actual earnings at the time of the accident are less than the minimum wage referred to in clause (2)⁠(b), compensation shall be the person's actual weekly earnings. M.R. 115/2025 11 Persons who are enrolled as students in a course offered by The Core Area Initiatives Corporation, Employment and Training Agency, Program 9, under contract to the Province of Manitoba to implement Program 9, and who as part of that course, perform work for another person engaged in any trade, business, industry, or occupation but are not employed by that other person. 12(1) In this section, "maximum annual earnings" means the maximum annual earnings established under section 46 of The Workers Compensation Act ; (« gains annuels maximaux ») "minimum level of compensation" means the minimum level of compensation established under section 43(1) of The Workers Compensation Act except where the average earnings of the worker is less than that amount. (« niveau minimal de l'indemnité ») 12(2) Persons employed by any project funded by the Manitoba Community Places Program, who otherwise do not have coverage under The Workers Compensation Act . 12(3) Where personal injury or death occurs to a person referred to in subsection (2), and (a) the person is a volunteer who has other regular employment at the time of the accident, compensation shall be calculated on the basis of the person's average earnings at his or her regular employment subject to the maximum annual earnings in effect at the time of the accident; or (b) the person is a volunteer and is either not otherwise employed at the time of the accident, or the amount of compensation payable under subsection (a) is less than would be payable under subsection 77(3) of The Workers Compensation Act , compensation shall be paid in accordance with subsection 77(3) of The Workers Compensation Act . 12(4) Subject to subsection (5), where personal injury or death occurs to a person referred to in subsection (2) and the person receives remuneration for the work referred to in subsection (2), compensation shall be 75% of the person's average earnings subject to the maximum annual earnings in effect at the time of the accident. 12(5) The compensation payable under subsection (4) shall not be less than the minimum level of compensation under the Act, except where the actual earnings of the person are less than the minimum level of compensation, in which case that person shall receive, as compensation, the total amount of actual earnings. 13 Persons who perform voluntary work in the community and program directorates relating to Home Economics, Public Health Nursing, Home Care, Community Mental Health, Community Mental Retardation, Vocational Rehabilitation, Child and Family Services and Dental Services for any department of the Government of Manitoba. 14 Persons employed by private sector businesses operating in Manitoba that are participating in the RECOGNITION: Manitoba Work Experience for Professional and Technically Trained Newcomers Program of the Department of Employment Services and Economic Security who otherwise do not have coverage under the Act. M.R. 591/88 15 Persons employed by any project funded by the Northern Youth Corps Program of the Department of Employment Services and Economic Security, who otherwise do not have coverage under the Act. M.R. 591/88 16 Persons who participate in any program administered by the Human Resources Opportunity Program of the Department of Employment Services and Economic Security, who otherwise do not have coverage under the Act. M.R. 591/88 17 Persons who participate in any project funded by the New Careers Program of the Department of Employment Services and Economic Security, who otherwise do not have coverage under the Act. M.R. 27/89 18 Persons who participate in any project funded by the Gateway Program of the Department of Employment Services and Economic Security, who otherwise do not have coverage under the Act. M.R. 27/89 19 Persons who are appointed by the Department of Justice, Law Enforcement Services, as special constables in and for the Province of Manitoba while performing work as auxiliary constables under the direct supervision of The Royal Canadian Mounted Police, who otherwise do not have coverage under the Act. M.R. 218/92 20(1) In this section, "college" means a college as defined in The Colleges Act ; (« collège ») "cooperative education program" means a college program of study approved by the Minister of Education that integrates academic study and classroom theory with related employment; (« programme d'alternance travail-études ») "student" means a student as defined in The Colleges Act . (« étudiant ») 20(2) A student in a cooperative education program who (a) as part of the program, is employed by a person engaged in a trade, business, industry or occupation in Manitoba to perform work; and (b) while so employed is not otherwise covered under The Workers Compensation Act . M.R. 158/94; 127/2011