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The Social Allowances Amendment and Consequential Amendments Act

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S.M. 1992, c. 30

The Social Allowances Amendment and Consequential Amendments Act

(Assented to June 24, 1992)

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

C.C.S.M. c. S160 amended

1           The Social Allowances Act is amended by this Act.

2           Section 1 is amended

(a) in the definition "applicant", by adding ", general assistance or municipal assistance, as the case may be " after "allowance";

(b) by adding the following definition in alphabetical order:

"general assistance" means assistance provided by the director to or in respect of a person referred to in section 5.1; («aide générale»)

(c) by repealing the definition "municipal assistance" and substituting the following:

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

(d) in the definition "recipient", by adding ", general assistance or municipal assistance, as the case may be," after "allowance".

3           Section 3 is repealed and the following is substituted:

Moneys payable from Consolidated Fund

3           Amounts expended by the government for the purposes mentioned in section 2 may be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.

4           Section 4 is repealed.

5           The following is added after section 5:

General assistance

5.1         Where a person

(a) is within a local government district or an unorganized territory;

(b) is not a person described in section 5; and

(c) applies to the director for general assistance;

the director shall provide general assistance to or in respect of that person in accordance with this Act and the regulations.

Municipal assistance

5.2         Where a person

(a) is within a municipality;

(b) is not a person described in section 5; and

(c) applies to the municipality for municipal assistance;

the municipality shall provide municipal assistance to or in respect of that person in accordance with this Act, the regulations and The Municipal Act.

Considerations re eligibility and amount payable

5.3(1)      Where

(a) the financial resources of an applicant or a recipient are less than the cost of basic necessities; and

(b) the applicant or the recipient complies with the requirements of this Act and the regulations;

the director or the municipality, as the case may be, shall in accordance with this Act and the regulations

(c) in writing, fix an amount to be paid as a social allowance, general assistance or municipal assistance, as the case may be, that is sufficient to enable the applicant or the recipient to obtain the basic necessities for himself or herself and dependents, if any; and

(d) pay that amount to or in respect of the applicant or the recipient monthly or more frequently.

Municipal by-laws re financial resources and basic necessities

5.3(2)      In the case of municipal assistance, if a municipality has made a by-law under subsection 451(2) of The Municipal Act, the financial resources and cost of basic necessities of the applicant or the recipient shall be determined in accordance with that by-law and not as provided in the definitions of those terms in section 1.

6           Subsections 7(1), (2), (3) and (4) are repealed.

7(1)        Subsection 9(1) is amended

(a) in the section heading preceding it, by striking out "in allowance";

(b) by adding "or the municipality" after "director" wherever it occurs;

(c) by adding ", general assistance or municipal assistance" after "allowance"; and

(d) by striking out "social assistance" and substituting "social allowance, general assistance or municipal assistance".

7(2)        Subsection 9(2) is amended by adding ", general assistance" after "allowance" wherever it occurs.

7(3)        Subsection 9(3) is amended

(a) by striking out "or a person who has applied for, or is or was receiving, municipal assistance from a municipality"; and

(b) by adding ", general assistance" after "allowance" wherever it occurs.

7(4)        Clause 9(6)(a) is amended by adding ", general assistance" after "allowance".

7(5)        Subsection 9(8) is amended by adding ", general assistance" after "allowance" wherever it occurs.

7(6)        Subsection 9(11) is repealed.

7(7)        Subsection 9(13) is amended by adding ", general assistance" after "allowance".

7(8)        Subsection 9(14) is amended

(a) by adding ", general assistance" after "allowance"; and

(b) by adding "or the municipality, as the case may be" after "director".

8           Section 10 is repealed.

9           Section 11 is repealed and the following is substituted:

Definition:  shareable cost of municipal assistance

11(1)       In this section, "shareable cost of municipal assistance" when used with reference to cost sharing between the province and a municipality, means the cost of municipal assistance provided in accordance with subsection 5.3(1), without regard to the cost of any greater amounts that are paid by a municipality pursuant to a by-law made under subsection 451(2) of The Municipal Act.

Grants to municipalities

11(2)       Where a municipality provides municipal assistance, the Minister of Finance shall, out of moneys authorized by an Act of the Legislature to be so paid and applied, pay a grant to the municipality in respect of each year from the Consolidated Fund, in accordance with this section.

Amount of grant re residents

11(3)       Where a municipality provides assistance to persons who are residents of the municipality as determined under The Municipal Act, the Minister of Finance shall pay to the municipality, in respect of each year, a grant that is the greater of

(a) 80% of the amount by which the shareable cost of municipal assistance provided by that municipality to its residents during that year exceeds an amount that is equivalent to .2 mill on each dollar of the total municipal assessment in that year; or

(b) 40% of the shareable cost of municipal assistance provided by that municipality to its residents during that year.

Amount of grant re non residents

11(4)       Where a municipality provides assistance to persons who are not residents of the municipality as determined under The Municipal Act, the Minister of Finance shall pay to the municipality, in respect of each year, a grant that is equal to the shareable cost of municipal assistance provided by that municipality during that year to those persons who are not residents.

Additional amount of grant

11(5)       The Minister of Finance may, in accordance with the regulations, increase the amount of a grant paid to a municipality under subsection (3).

Restrictions re grants

11(6)       Notwithstanding subsections (3) and (4), the Minister of Finance is not required to pay any grant to a municipality with respect to the cost of municipal assistance provided by the municipality if

(a) the cost of that municipal assistance is not shared or shareable by the Government of Canada;

(b) the municipality does not provide municipal assistance to persons in accordance with subsection 451(1) of The Municipal Act;

(c) the municipal assistance is provided pursuant to a by-law of the municipality made under subsection 451(2) of The Municipal Act that has not been approved by the minister; or

(d) the municipality fails to comply with any of the requirements of this Act or the regulations.

10          The following is added after section 11:

Records and disclosure

11.1(1)     Each municipality shall

(a) keep such records relevant to the provision of municipal assistance, in such form, and for such periods of time as the minister may require; and

(b) furnish to the minister those records and any other information that the minister may request.

Access to documents

11.1(2)     A municipality shall

(a) give any person appointed by the minister an opportunity to examine, audit or make copies of any documents relevant to the provision of municipal assistance that are in the possession or control of the municipality; and

(b) give the person appointed by the minister all reasonable assistance to enable that person to carry out his or her functions under clause (a).

11          Section 12 is amended by striking out "in the manner described in subsection 11(6)" and substituting "in accordance with this Act, the regulations and The Municipal Act".

12          Section 13 is repealed and the following is substituted:

Grants for staff and administrative services costs

13          In addition to the grants set out in section 11, the Minister of Finance shall pay to each municipality in respect of each year, a grant equal to

(a) 50% of the amount by which its yearly costs for salary and wages of staff of the municipality engaged in full-time social services work exceeds its cost in the year 1964 for such purposes; and

(b) 50% of those administrative service costs associated with clause (a), which are shared or shareable with the Government of Canada;

if

(c) the municipality provides municipal assistance in accordance with this Act, the regulations and The Municipal Act; and

(d) the minister approves the costs referred to in clauses (a) and (b).

13          Clause 15(a) is amended

(a) by striking out "subsection 10(2)" and substituting "section 5.1"; and

(b) by striking out "that subsection" and substituting "that section".

14(1)       Clause 19(1)(c) is amended

(a) by adding "or recipients" after "applicants"; and

(b) by adding "or recipient" after "applicant".

14(2)       Clause 19(1)(d) is amended by adding ", general assistance or municipal assistance" after "allowance" wherever it occurs.

14(3)       Clause 19(1)(e) is amended

(a) by adding ", general assistance or municipal assistance" after "allowance"; and

(b) by adding "or a recipient" after "applicant".

14(4)       Clause 19(1)(f) is amended by adding "or approved" after "prescribed".

14(5)       Clause 19(1)(g) is amended by adding ", general assistance or municipal assistance" after "allowance" wherever it occurs.

14(6)       Subsection 19(1) is amended by adding the following after clause (m):

(n) respecting increasing grants to municipalities under subsection 11(5);

(o) making any provision of this Act apply to the granting of general assistance or municipal assistance;

(p) respecting those matters for which a municipality shall or may provide in a by-law under subsection 451(2) of The Municipal Act;

(q) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.

15(1)       Subsection 20(1) is amended

(a) in that part preceding clause (a), by adding "or a municipality" after "government";

(b) by adding", general assistance or municipal assistance" after "allowance" wherever it occurs;

(c) in that part following clause (b), by adding "or the municipality" after "government"; and

(d) by adding "or to the municipality, as the case may be" after "Crown".

15(2)       Subsection 20(2) is amended

(a) by adding "or a municipality" after "Where the government";

(b) by adding", general assistance or municipal assistance" after "allowance" wherever it occurs;

(c) by adding "or the municipality" before "may recover"; and

(d) by adding "or to the municipality, as the case may be" after "Crown".

15(3)       Subsection 20(3) is amended

(a) by adding ", general assistance or municipal assistance" after "allowance" wherever it occurs;

(b) by adding "or to the municipality, as the case may be" after "Manitoba"; and

(c) by adding "or the municipality, as the case may be," after "director".

15(4)       Subsection 20(4) is amended

(a) by adding ", general assistance or municipal assistance" after "social allowance";

(b) by striking out "the allowance" and substituting "the social allowance, general assistance or municipal assistance"; and

(c) by adding "or to the municipality, as the case may be" after "Crown" wherever it occurs.

16(1)       Subsection 21(1) is amended

(a) in clause (a), by adding "or to a municipality" after "Crown";

(b) in clause (b), by adding "or a municipality" after "government";

(c) by adding "or municipality" after "minister" wherever it occurs;

(d) by adding "or the municipality's" after "minister's"; and

(e) by adding ", general assistance or municipal assistance" after "allowance".

16(2)       Subsection 21(2) is amended

(a) in clause (a), by adding "or to the municipality" after "Crown"; and

(b) in clause (b), by adding "or by the municipality" after "government".

16(3)       Subsection 21(4) is amended by adding "or the municipality, as the case may be" after "minister".

17(1)       Clause 22(1)(a) is repealed and the following is substituted:

(a) who makes a false statement in any form, application, record or return

(i) prescribed or required by this Act or the regulations, or a municipal by-law made under clause 451(2)(b) of The Municipal Act, or

(ii) approved by the minister for use under this Act; or

17(2)       Clause 22(1)(b) is amended

(a) by adding ", or the person designated by by-law made under clause 451(2)(b) of The Municipal Act to administer municipal assistance," after "director"; and

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

17(3)       Subsection 22(2) is amended by adding "or to the municipality, as the case may be," after "Crown".

17(4)       Subsection 22(3) is amended

(a) by adding "or the municipality" after "director"; and

(b) by adding "or the municipality, as the case may be" after "Manitoba".

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. M225 amended

18(1)       The Municipal Act is amended by this section.

18(2)       Subsection 450(1) is repealed and the following is substituted:

Definition:  "municipal assistance"

450(1)      In this Part, "municipal assistance" means municipal assistance as defined in The Social Allowances Act.

18(3)       Subsections 451(1) and (2) are repealed and the following is substituted:

Municipal assistance

451(1)      A municipality shall provide municipal assistance to any person within the municipality who is eligible for such assistance, irrespective of that person's residence, in accordance with The Social Allowances Act and regulations.

Municipal assistance by-laws

451(2)      Subject to the approval of the minister charged by the Lieutenant Governor in Council with the administration of The Social Allowances Act, a municipality may, in accordance with The Social Allowance Act and regulations, by by-law

(a) provide for the granting of an amount of municipal assistance to a person described in subsection (1) that is greater than that which would otherwise be payable under subsection 5.3(1) of The Social Allowances Act

(i) by making exemptions from financial resources in addition to those specified in the regulations under The Social Allowances Act, or by increasing the value of those exemptions, or

(ii) by establishing a cost of basic necessities that is greater than that which is established in the regulations under The Social Allowances Act;

(b) make provision for those matters described in a regulation made under clause 19(1)(p) of The Social Allowances Act.

By-law inconsistent

451(2.1)    If a provision of a by-law made under subsection (2) is inconsistent with a provision of any agreement with the Government of Canada under section 15 of The Social Allowances Act, the by-law is invalid and of no force or effect.

18(4)       Subsection 451(4) is repealed.

18(5)       Section 452 is amended by striking out "in need".

18(6)       Sections 453 and 454 are repealed.

18(7)       Subsection 723(1) is amended by striking out the definitions "assistance" and "major building repairs".

18(8)       Sections 724 to 727 are repealed.

TRANSITIONAL

Transitional re grants

19(1)       Notwithstanding anything in this Act,

(a) if, immediately before the coming into force of this Act, a municipality provided municipal assistance to a person in accordance with a by-law made under section 451 of The Municipal Act, and the cost of municipal assistance with respect to that person was greater than the cost of municipal assistance as determined under subsection 5.3(1) of The Social Allowances Act (the "greater amount"); and

(b) if, after the coming into force of this Act, the municipality continues to provide municipal assistance to that person in that greater amount under a by-law made under subsection 451(2) of The Municipal Act;

the Minister of Finance shall pay a grant to the municipality with respect to that person in accordance with subsections 11(3) and (4) of The Social Allowances Act as if that greater amount was the shareable cost of municipal assistance until the sooner of the following:

(c) the person ceases to be eligible for municipal assistance under that by-law; or

(d) a date that is prescribed by regulation made by the Lieutenant Governor in Council for the purposes of this section.

Transitional re assistance under The Municipal Act

19(2)       For the purpose of sections 20 to 22 of The Social Allowances Act, municipal assistance provided under Part VII, Division I of The Municipal Act before the coming into force of this Act, is deemed to be municipal assistance provided under The Social Allowances Act and the provisions of sections 20 to 22 of The Social Allowances Act apply as if the municipal assistance had been provided under The Social Allowances Act.

Transitional re sections 724 to 726 of The Municipal Act

19(3)       Any actions taken under sections 724 to 726 of The Municipal Act before the coming into force of this Act, including any deduction made from municipal assistance payable, any statement registered in a land titles office, any legal proceedings instituted and any remedy enforced, are deemed to be taken under sections 20 to 22 of The Social Allowances Act.

COMING INTO FORCE

Coming into force

20          This Act comes into force on a day fixed by proclamation.