In 1913, Ontario Chief Justice Sir William Meredith completed a three-year Royal Commission researching workers’ compensation laws around the world. He introduced the historic compromise that is maintained to this day: injured workers gave up the right to sue their employers in exchange for guaranteed no-fault benefits in the event of a work-related injury or illness and employers agreed to pay for the system, in exchange for protection against lawsuits.
Meredith’s five key pillars would serve as the basis for workers’ compensation legislation across Canada:
- no-fault compensation
- security of benefits
- collective liability
- exclusive jurisdiction
- administration by independent boards
In 1916, John W. Wilton, MLA and well-known Winnipeg lawyer, introduced The Workmen’s Compensation Act and is credited with single-handedly shepherding it through the Manitoba Legislature.
On March 10, 1916, the 15th Manitoba Legislature passed The Workmen’s Compensation Act, becoming the first province outside of Ontario to enact a version of Sir William Meredith’s workers compensation laws.
The Workmen’s Compensation Board was formed on September 1, 1916 to develop the structure and processes necessary to put The Workmen’s Compensation Act into effect.
In 1974, the Manitoba Government amended the language of The Workmen’s Compensation Act to more accurately reflect the modern workforce – changing all mentions of “workmen” to “workers”.
In 1987, a Legislative Review Committee led by Brian King submitted its report. Its recommendations dealt with benefits, the adjudicative process, the administrative framework and financing the program.
This review led to substantial changes to the Act effective January 1, 1992, which changed the compensation system from one based on disability to one based on loss of earning capacity and/or permanent impairment.
The Act was reviewed in 2005, which resulted in a number of changes to the Act through Bill 25.
Bill 25 introduced numerous enhancements to benefits, such as 90 per cent of wage replacement regardless of claim duration, as well as higher rates for impairment and fatalities. The Bill also legislated mandatory coverage for all employers and workers in industries in Manitoba, except those excluded by regulation. In addition, the Bill incorporated prevention and return to work into workers’ compensation principles.
The Act was last reviewed in 2016/2017. In response to recommendations made by the Legislative Review Committee at that time, amendments to the Act were made effective January 1, 2022, including:
- amending the definitions of “accident” and “occupational disease”.
- reinstating a cap on maximum insurable earnings.
- creating an employer advisor office to assist employers in understanding and interpreting the Act and WCB policies.
- enhancing and clarifying the WCB’s enforcement and inspection powers.
More details on the history of The Workers Compensation Act and be found in the WCB Backgrounder