Skip to main content
The Social Allowances Amendment and Consequential Amendments Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 41

THE SOCIAL ALLOWANCES AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to November 19, 1996)

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2         The title is repealed and "THE EMPLOYMENT AND INCOME ASSISTANCE ACT" is substituted.

3         The Act is amended by striking out "social allowance", with necessary grammatical modifications, wherever they occur and substituting "income assistance", with necessary grammatical modifications, in the following provisions:

(a) section 1, the definitions "applicant", "recipient", "social allowance" and "social services";

(b) subsections 8(1), (2) and (3);

(c) subsections 9(1), (2), (3), (6), (8), (13) and (14);

(d) clause 15(a);

(e) clauses 19(1)(d), (e) and (g);

(f) subsections 20(1), (2), (3) and (4);

(g) subsection 21(1);

(h) clause 22(1)(b).

4         Section 1 is amended by adding the following definition in alphabetical order:

"municipality" does not include The City of Winnipeg; (« municipalité »)

5         Section 2 is repealed and the following is substituted:

Provision of things and services

2          Subject to this Act and the regulations, the Government of Manitoba and each municipality may take measures to provide to residents of Manitoba those things and services that are essential to health and well-being, including a basic living allowance, an allowance for shelter, essential health services and a funeral upon death.

6(1)      Subsection 5(1) is amended by striking out everything preceding clause (a) and substituting the following:

Income assistance

5(1)      The director shall provide income assistance, in accordance with this Act and the regulations, to or in respect of a person who, in the opinion of the director is a person

6(2)      Subsection 5(3) is amended by striking out "social allowance" and substituting "income assistance"

(a) in the section heading;

(b) in clause (c); and

(c) in the part following clause (c).

6(3)      Subsection 5(5) is amended by striking out "assistance or social allowances" and substituting "income assistance or general assistance".

7         Clause 5.1(a) is amended by adding "the City of Winnipeg," after "within".

8(1)      Clause 5.3(1)(b) is amended by striking out "applicant or the recipient complies" and substituting "applicant or recipient and any dependants of the applicant or recipient comply"

8(2)      Clause 5.3(1)(c) is repealed and the following is substituted:

(c) in writing, fix an amount to be paid as income assistance, general assistance or municipal assistance, as the case may be; and

9         The following is added after section 5.3:

Obligations re employment

5.4(1)    An applicant, recipient or dependant as specified in the regulations has an obligation to satisfy the director or the municipality, as the case may be, that he or she

(a) has met the employment obligations set out in the regulations that he or she is required to meet; and

(b) has undertaken any employability enhancement measure as set out in the regulations that he or she is required to undertake.

Where employment obligations not met

5.4(2)    If an applicant, recipient or dependant, as specified in the regulations, fails to satisfy the director or the municipality under subsection (1), the director or the municipality, as the case may be, may deny, reduce, suspend or discontinue the income assistance, municipal assistance or general assistance otherwise payable, in accordance with the regulations.

10        Clause 11(6)(a) is repealed and the following is substituted:

(a) the municipality provides municipal assistance subject to criteria or conditions that may cause the Government of Manitoba to fail to comply with a provision contained in or made under an Act of Parliament or an agreement between the Governments of Manitoba and Canada;

11        Clause 13(b) is repealed and the following is substituted:

(b) 50% of those 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.

12         Section 16 is amended

(a) in clause (a), by striking out "social allowances" and substituting "income assistance or general assistance"; and

(b) in clause (b), by striking out "a social allowance" and substituting "income assistance or general assistance".

13        The following is added after section 16:

Agreements re services

16.1      The minister may enter into agreements with persons and organizations for the provision of services under this Act and payment for the services.

14(1)     Subsection 18(1) is amended by striking out "a social allowance" and substituting "income assistance or general assistance".

14(2)     Subsection 18(2) of the French version is amended by striking out "allocation d'aide sociale" and substituting "aide au revenu ou d'aide générale".

15        Subsection 19(1) is amended by adding the following after clause (g):

(g.1) specifying applicants, recipients or dependants for the purposes of section 5.4;

(g.2) establishing employment obligations and employability enhancement measures for the purposes of subsection 5.4(1) and establishing the circumstances in which an applicant, recipient or dependant is required

(i) to comply with an employment obligation, or

(ii) to undertake an employability enhancement measure;

(g.3) establishing the manner in which income assistance, municipal assistance or general assistance may be denied, reduced, suspended or discontinued under subsection 5.4(2) and prescribing the amount of any reduction;

16        The following is added after section 22:

C.C.S.M. reference

23        The Act shall no longer be referred to as chapter S160 of the Continuing Consolidation of the Statutes of Manitoba, but may be referred to as chapter E98 of the Continuing Consolidation of the Statutes of Manitoba.

TRANSITIONAL PROVISIONS

Order by Lieutenant Governor in Council

17(1)     Where the Government of Manitoba provides general assistance under section 5.1 of The Social Allowances Act to persons within the City of Winnipeg, the Lieutenant Governor in Council may, by order,

(a) determine an amount, or establish a formula to determine an amount, payable by The City of Winnipeg to the Government of Manitoba as a contribution toward the costs of providing that general assistance and the costs for staff, administrative services, development and other related costs; and

(b) establish the time or times, the terms and conditions, and the manner of payment of an amount determined under clause (a).

Consideration in making order

17(2)     The Lieutenant Governor in Council in making an order under clause (1)(a) shall consider that the intent is to achieve the transfer of responsibility from The City of Winnipeg to the Government of Manitoba on a relatively cost-neutral basis.

Grant payable under subsection 11(3)

18        If section 7 of this Act comes into force on a day other than January 1 of a year, the amount of the grant paid to The City of Winnipeg under subsection 11(3) of The Social Allowances Act for the period between January 1 of the year section 7 comes into force, and the day immediately preceding the day section 7 comes into force, shall be the amount

(a) determined by order of the Lieutenant Governor in Council; or

(b) calculated in accordance with a formula established by order of the Lieutenant Governor in Council.

Grant payable under section 13

19        If section 7 of this Act comes into force on a day other than April 1 of a year, the amount of the grant payable to The City of Winnipeg under section 13 of The Social Allowances Act shall be adjusted by prorating the 1964 base year costs referred to in clause 13(a) of that Act to coincide with the portion of a year between April 1 of the year section 7 comes into force, and the day immediately preceding the day section 7 comes into force.

Applications for municipal assistance

20        An application for municipal assistance from a person within the City of Winnipeg made under section 5.2 of The Social Allowances Act before the coming into force of this section is deemed to be an application for general assistance made under section 5.1 of that Act on the coming into force of this section.

Commencement of legal proceedings

21        Any action, suit or other legal proceeding respecting

(a) the eligibility of a person for municipal assistance from The City of Winnipeg; or

(b) the amount of municipal assistance payable to a person by The City of Winnipeg;

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

Continuation of legal proceedings

22        Any action, suit or other legal proceeding respecting

(a) the eligibility of a person for municipal assistance from The City of Winnipeg; or

(b) the amount of municipal assistance payable to a person by The City of Winnipeg;

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

Documents

23        On the request of the Minister of Family Services, The City of Winnipeg shall transfer to the Government of Manitoba all records and other documents relevant to the provision of municipal assistance that are kept by The City of Winnipeg, and such records and documents are deemed for the purposes of The Social Allowances Act to belong to the Government of Manitoba.

Assignment of rights

24        The following rights of The City of Winnipeg 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 City of Winnipeg under section 20 of The Social Allowances Act before the coming into force of this section;

(b) the right to register a statement in a Land Titles Office under section 21 of The Social Allowances Act respecting a debt due and owing to The City of Winnipeg, or a payment made by The City of Winnipeg, before the coming into force of this section;

(c) the right to file and enforce an order in favour of The City of Winnipeg for the repayment of money under subsection 22(2) of The Social Allowances Act, where

(i) the order was made before the coming into force of this section, or

(ii) the order was made on or after the coming into force of this section and the order relates to the provision of municipal assistance by The City of Winnipeg to a person before the coming into force of this section.

City of Winnipeg liens

25        All rights, obligations and interests of The City of Winnipeg pertaining to a lien created by the registration of a statement under section 21 of The Social Allowances Act before the coming into force of this section are assigned and transferred to Her Majesty in Right of the Province of Manitoba.

Orders filed in court

26        All rights and obligations with respect to an order filed by The City of Winnipeg under section 22 of The Social Allowances Act before the coming into force of this section are assigned and transferred to Her Majesty in Right of the Province of Manitoba.

Further transitional provisions

27        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 Social Allowances Act to persons within the City of Winnipeg and the termination of the provision of municipal assistance to such persons by The City of Winnipeg.

Reference to name of Act

28        A reference in any Act, regulation, by-law, agreement or other document to "The Social Allowances Act" is deemed to be a reference to"The Employment and Income Assistance Act".

Reference to social allowance

29        A reference to "social allowance" or "social allowances" in any Act, regulation, by-law, agreement or other document is deemed to be a reference to "income assistance".

Consequential amendments to R.S.M. 1988, c. M225

30(1)     The Municipal Act is amended by this section.

30(2)     Subsection 450(2) is amended by striking out ", including The City of Winnipeg,".

30(3)     Section 455 is repealed.

Consequential repeal

31        If during the second session of the 36th Legislature Bill 54 entitled "The Municipal and Various Acts Amendment Act" is assented to, section 279 of that Act is repealed on the proclamation of sections 4, 7, 17 to 27, and 30 of this Act.

Coming into force

32(1)     Subject to subsections (2) and (3), this Act comes into force on the day it receives royal assent.

Coming into force:  various sections

32(2)      Sections 4, 7, 17 to 27, and 30 come into force on a day fixed by proclamation.

Coming into force:  section 10

32(3)     Section 10 is retroactive and is deemed to have come into force on April 1, 1996.