Declaration of Workers in Government Employment Order No. 1, 1989

Declaration of Workers in Government Employment Order No. 1, 1989, M.R. 70/89 The Workers Compensation Act , C.C.S.M. c. W200 Regulation 70/89 Registered March 20, 1989 bilingual version (HTML) Definitions 1 In this regulation, "co-ordinator" , "disaster" , "emergency" , and "emergency preparedness" have the same respective meanings as in The Emergency Measures Act ; (« coordonnateur », « préparatifs d'urgence », « sinistre » et « situation d'urgence ») "emergency services work" means work, for no or nominal compensation, which is designed or intended to prevent or limit injury to or death of a person or damage to property, the environment or public services in the event of an emergency or imminent emergency or disaster, or to minimize damage therefrom, and without limiting the preceding, includes planning, arrangements and exercises, training and education related thereto, whether such activity is carried out under normal circumstances or in connection with operations arising out of an emergency or disaster; (« travail d'urgence ») "emergency services worker" means any person who does emergency services work, and (a) has been directed to carry out actual and immediate emergency services work by the co-ordinator, or his or her delegate, or (b) is registered with (i) the co-ordinator, or his or her delegate, or (ii) a person with authority to implement emergency preparedness measures as provided for under The Emergency Measures Act . (« ouvrier des services d'urgence ») Declaration 2 For the purposes of The Worker's Compensation Act , every emergency services worker who takes action in an emergency or disaster or is engaged in emergency preparedness is declared under subsection 77(1) of the Act, to be a worker in the employment of the government while in the course of such emergency services work. Compensation 3(1) Where personal injury or death occurs to a person referred to in section 2 who has other employment at the time of the accident, compensation payable under the Act 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 under the Act at the time of the accident. 3(2) Where personal injury or death occurs to a worker referred to in section 2, and (a) the person is not otherwise employed at the time of the accident; or (b) the amount of compensation payable under subsection (1) is less than would be payable under subsection 77(3) of the Act; compensation shall be paid in accordance with subsection 77(3) of the Act. Non-applicability 4 This regulation does not apply to a person (a) who is an officer, servant or employee of Canada or Manitoba or of any municipal corporation in Manitoba, who is required to take action in an emergency or disaster, or who is engaged in emergency preparedness in the course of his or her regular employment and for which he or she is entitled to compensation by virtue of such employment; or (b) who suffers personal injury or death for which compensation is payable under the Act.