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Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 8

THE EMPLOYMENT AND INCOME ASSISTANCE AMENDMENT ACT (ONE-TIER ASSISTANCE FOR RURAL AND NORTHERN MANITOBA)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

AMENDMENTS TO THE EMPLOYMENT AND INCOME ASSISTANCE ACT

C.C.S.M. c. E98 amended

1           The Employment and Income Assistance Act is amended by this Part.

2           Section 1 is amended

(a) by repealing the definition "municipal assistance";

(b) in the definitions "applicant" and "recipient", by striking out "income assistance, general assistance or municipal assistance, as the case may be" and substituting "income assistance or general assistance"; and

(c) by replacing the definition "municipality" with the following:

"municipality" does not include

(a) the City of Winnipeg, or

(b) a municipality that was a local government district that is continued as a municipality under section 428 of The Municipal Act,

but does include a local government district that has not been continued as a municipality; (« municipalité »)

3           Section 1.1 is repealed.

4           Section 2 is amended by striking out "and each municipality".

5            Subsection 5(5) is amended

(a) by striking out "or a municipality"; and

(b) by striking out "income assistance, general assistance or municipal assistance" and substituting "income assistance or general assistance".

6           Clause 5.1(a) is repealed.

7           Section 5.2 is repealed.

8(1)        Subsection 5.3(1) is amended

(a) in the part between clauses (b) and (c), by striking out "or the municipality, as the case may be,"; and

(b) in clause (c), by striking out "income assistance, general assistance or municipal assistance, as the case may be" and substituting "income assistance or general assistance".

8(2)        Subsection 5.3(2) is repealed.

9(1)        Subsection 5.4(1) is amended in the part before clause (a), by striking out "or the municipality, as the case may be,".

9(2)        Subsection 5.4(2) is amended

(a) by striking out "or the municipality under subsection (1)" and substituting "under subsection (1);

(b) by striking out "or the municipality, as the case may be,"; and

(c) by striking out "income assistance, general assistance or municipal assistance" and substituting "income assistance or general assistance".

10(1)        Subsection 9(1) is replaced with the following:

Variation of assistance

9(1)        If, on the basis of information received, the director is of the opinion that the income assistance or general assistance being paid to a recipient should be discontinued, reduced, suspended or increased, the director may order that change in writing.

10(2)       Subsection 9(2) is amended

(a) by striking out "or a municipality"; and

(b) by striking out "income assistance, general assistance or municipal assistance"wherever it occurs and substituting "income assistance or general assistance".

10(3)       Subsections 9(3), (6) and (13) are amended by striking out "income assistance, general assistance or municipal assistance" wherever it occurs and substituting "income assistance or general assistance".

10(4)       Subsection 9(14) is amended

(a) by striking out "income assistance, general assistance or municipal assistance" and substituting "income assistance or general assistance"; and

(b) by striking out "or the municipality, as the case may be".

11          Sections 11, 11.1, 12, 13 and 14 are repealed.

12          Section 15 is replaced with the following:

Agreements with Canada

15          With the approval of the Lieutenant Governor in Council, the Government of Manitoba may enter into agreements with the Government of Canada under which the Government of Manitoba may be reimbursed, in whole or in part, for its costs incurred in providing income assistance and general assistance and any associated administrative costs.

13          Section 16 is amended

(a) in the part before clause (a), by striking out ", represented therein by the minister,"; and

(b) by adding "and" at the end of clause (a), striking out "and" at the end of clause (b) and repealing clause (c).

14          The following is added after section 16.1:

Contributions by municipalities

16.2(1)     A municipality must pay an annual amount to the Government of Manitoba as a contribution toward the cost of providing general assistance.

Contribution average annual cost for 1995-2001

16.2(2)     A municipality's annual contribution shall be its average annual cost of providing municipal assistance over the calendar years 1995 through 2001.

Calculation of annual cost

16.2(3)     A municipality's annual cost of providing municipal assistance is to be calculated by adding

(a) the shareable cost of municipal assistance paid to or on behalf of persons by the municipality for the year, less the total amount of grants it received under section 11 of this Act for that year; and

(b) if the municipality received a grant under section 13 of this Act for the year, the total eligible staff and administrative service costs incurred by the municipality for that year, less the amount of that grant.

Orders by L.G. in C.

16.2(4)     The Lieutenant Governor in Council may, by order, establish when and how a municipality's contribution is to be paid.

Definitions

16.2(5)     The following definitions apply in this section.

"eligible staff and administrative service costs" means

(a) the annual costs for salary and wages of municipal staff engaged in full-time social services work, in excess of the costs for those purposes in 1964; and

(b) the annual administrative service costs associated with clause (a), where the services are administrative services the costs of which were formerly shareable with the Government of Canada under the Canada Assistance Plan. (« frais admissibles engagés relativement au personnel et aux services administratifs »)

"municipal assistance" means municipal assistance as defined in section 1 of this Act as that definition read on January 1, 2003. (« aide municipale »)

"shareable cost of municipal assistance" means shareable cost of municipal assistance as defined in subsection 11(1) of this Act as that provision read on January 1, 2003. (« montant partageable d'aide municipale »)

Promotion of employment opportunities

16.3         Every municipality must identify and promote employment opportunities for recipients in accordance with the terms of an agreement to be reached between municipalities and the minister.

15          Subsection 19(1) is amended

(a) by repealing clauses (a), (h), (i), (j), (n) and (p);

(b)  in clauses (d), (e), (g) and (g.3), by striking out "income assistance, general assistance or municipal assistance" wherever it occurs and substituting "income assistance or general assistance"; and

(c) in clause (o), by striking out "or municipal assistance".

16(1)       Subsection 20(1) is amended

(a) by striking out "income assistance, general assistance or municipal assistance" wherever it occurs and substituting "income assistance or general assistance";

(b) in the part before clause (a), by striking out "or a municipality"; and

(c) in the part after clause (b),

(i) by striking out "or the municipality", and

(ii) by striking out "or to the municipality, as the case may be".

16(2)       Subsection 20(2) is amended

(a) by striking out "income assistance, general assistance or municipal assistance" wherever it occurs and substituting "income assistance or general assistance";

(b) by striking out "or a municipality";

(c) by striking out "or the municipality"; and

(d) by striking out "or to the municipality, as the case may be".

16(3)       Subsection 20(3) is replaced with the following:

Deductions to recover debt

20(3)       Despite any other provision of this Act or the regulations, if a person who is a recipient incurs or has incurred a debt to the Crown under subsection (1) or (2), the director may authorize the deduction of an amount from income assistance or general assistance paid to the person until the indebtedness is discharged. The amount to be deducted must not be so large as to cause undue hardship to the person.

16(4)       Subsection 20(4) is amended

(a) by striking out "income assistance, general assistance or municipal assistance" wherever it occurs and substituting "income assistance or general assistance";

(b) by striking out "to the Crown or to the municipality, as the case may be, the unpaid balance" and substituting "to the Crown, the unpaid balance"; and

(c) by striking out "to the Crown or to the municipality, as the case may be, until fully" and substituting "to the Crown until fully".

17(1)       Subsection 21(1) is amended

(a) in clause (a), by striking out "or to a municipality";

(b) in clause (b), by striking out "or a municipality"; and

(c) in the part after clause (b),

(i) by striking out "or municipality" wherever it occurs,

(ii) by striking out "or the municipality's", and

(iii) by striking out "income assistance, general assistance or municipal assistance, as the case may be" and substituting "income assistance or general assistance".

17(2)       Subsection 21(2) is amended

(a) in clause (a), by striking out "or to the municipality"; and

(b) in clause (b), by striking out "or by the municipality".

17(3)       Subsection 21(4) is amended by striking out "or the municipality, as the case may be".

18(1)       Clause 22(1)(b) is amended

(a) by striking out ", or the person designated by by-law made under section 277 of The Municipal Act to administer municipal assistance,"; and

(b) by striking out "income assistance, general assistance or municipal assistance" and substituting "income assistance or general assistance".

18(2)       Subsection 22(2) is amended by striking out "or to the municipality, as the case may be,".

18(3)       Subsection 22(3) is amended

(a) by striking out "or the municipality";

(b) by striking out "thereof" and substituting "of the order"; and

(c) by striking out "or the municipality, as the case may be".

PART 2

TRANSITIONAL PROVISIONS

Definitions

19           The following definitions apply in this Part.

"former Act" means The Employment and Income Assistance Act as it read immediately before the coming into force of this Act. (« ancienne loi »)

"municipal assistance" means assistance provided by a municipality to or in respect of a person referred to in section 5.2 of the former Act. (« aide municipale »)

"municipality" does not include

(a) the City of Winnipeg; or

(b) a municipality that was a local government district that is continued as a municipality under section 428 of The Municipal Act;

but does include a local government district that has not been continued as a municipality. (« municipalité »)

Grant payable under subsection 11(3)

20          If this Act comes into force on a day other than January 1, the amount of the grant payable to a municipality under subsection 11(3) of the former Act for the period between January 1 of the year this Act comes into force and the day immediately before this Act comes into force is to be calculated by multiplying the total amount of municipal assistance paid by the municipality to or on behalf of its residents in that period by the percentage of the municipality's cost of paying municipal assistance to or on behalf of its residents that was reimbursed under subsection 11(3) in the calendar year immediately before this Act comes into force.

Grant payable under section 13

21          If this Act comes into force on a day other than April 1, the amount of the grant payable to a municipality under section 13 of the former Act is to be adjusted by prorating the 1964 base year costs referred to in clause (a) of that provision to coincide with that portion of a one year period that is between April 1 immediately before this Act comes into force and the day immediately before this Act comes into force.

New application required

22(1)       A person who has applied for or is receiving municipal assistance when this Act comes into force must submit a new application for general assistance in order to be eligible to receive general assistance after that date.

22(2)       Despite subsection (1), the director may provide general assistance to a person referred to in that subsection for a period of no more than two months after the coming into force of this Act if the director determines that the provision of general assistance is necessary in order to avoid undue hardship.

Commencement of legal proceedings

23          Any action, suit or other legal proceeding respecting

(a) the eligibility of a person for municipal assistance; or

(b) the amount of municipal assistance payable to a person;

that arises before the coming into force of this Act may be brought by or against Her Majesty in Right of the Province of Manitoba in the same manner and to the same extent as it could have been brought by or against a municipality before the coming into force of this Act.

Continuation of legal proceedings

24          Any action, suit or other legal proceeding respecting

(a) the eligibility of a person for municipal assistance; or

(b) the amount of municipal assistance payable to a person;

to which a municipality is a party before the coming into force of this Act may be continued by or against Her Majesty in Right of the Province of Manitoba in the same manner and to the same extent as it could have been continued by or against the municipality.

Documents

25          A municipality must allow the director to examine and copy any documents relating to the provision of municipal assistance that are in the possession or control of the municipality.

Assignment of rights

26          The following rights of a municipality are assigned and transferred to Her Majesty in Right of the Province of Manitoba:

(a) the right to recover, or continue to recover, a debt due and owing to the municipality under section 20 of the former Act;

(b) the right to register a statement in a Land Titles Office under section 21 of the former Act respecting a debt due and owing to the municipality or a payment made by the municipality;

(c) the right to file and enforce an order in favour of the municipality for the repayment of money under subsection 22(2) of the former Act.

Liens

27          All rights, obligations and interests of a municipality under a lien created by the registration of a statement under section 21 of the former Act are assigned and transferred to Her Majesty in Right of the Province of Manitoba.

Orders filed in court

28          All rights and obligations with respect to an order filed by a municipality under section 22 of the former Act are assigned and transferred to Her Majesty in Right of the Province of Manitoba.

Assignment of funds

29          All rights and interests assigned to a municipality under subsection 12(3) of the Municipal Assistance Regulation, M.R. 191/92, are assigned and transferred to Her Majesty in Right of the Province of Manitoba.

Further transitional provisions

30          The Lieutenant Governor in Council may by order provide for any further transitional and saving matters that it considers necessary or advisable pertaining to the provision of general assistance under section 5.1 of The Employment and Income Assistance Act to persons in a municipality and to the termination of the provision of municipal assistance to such persons by municipalities.

PART 3

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

Consequential amendments to C.C.S.M. c. M225

31(1)       The Municipal Act is amended by this section.

31(2)       The definition "resident" in subsection 1(1) is amended by striking out ", other than in Division 4 (Municipal Assistance) of Part 9,".

31(3)       Subclause 152(3)(b)(i) is repealed.

31(4)       Division 4 of Part 9 (sections 273 to 281) is repealed.

31(5)       Section 438 is repealed.

Consequential amendment to C.C.S.M. c. M230

32          Section 11.1 of The Municipal Affairs Administration Act is amended by striking out "income assistance" and substituting "general assistance".

Coming into force

33          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Employment and Income Assistance Act so that the provincial government can assume responsibility for providing assistance to people who used to receive assistance from municipalities. The Bill contains transitional provisions to deal with issues that will arise when responsibility for assistance is transferred from municipalities.

Consequential amendments are also made to The Municipal Act and The Municipal Affairs Administration Act.