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The Social Services Appeal Board and Consequential Amendments Act

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S.M. 2001, c. 9

THE SOCIAL SERVICES APPEAL BOARD AND CONSEQUENTIAL AMENDMENTS ACT


Table of Contents

(Assented to July 6, 2001)

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

DEFINITIONS AND PURPOSE

Definitions

1           In this Act,

"appeal board" means the Social Services Appeal Board referred to in section 3; (« Commission d'appel »)

"designated Act" means

(a) The Adoption Act,

(b) The Community Child Day Care Standards Act,

(c) The Employment and Income Assistance Act,

(d) The Social Services Administration Act or a regulation under that Act,

(e) The Vulnerable Persons Living with a Mental Disability Act,

(f) any other Act or regulation designated as a designated Act in the regulations; (« loi désignée »)

"designated officer" means a person who has authority under a designated Act to make a decision or order for which there is a right of appeal under the designated Act to the appeal board, or the person to whom that authority is delegated; (« fonctionnaire désigné »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"panel" means a panel of the appeal board. (« comité »)

Purpose

2           The purpose of this Act is to give Manitobans a fair, impartial and informal appeal process from decisions relating to various social services and programs.

APPEAL BOARD

Social Services Appeal Board

3           The Social Services Advisory Committee, which was established under The Social Services Administration Act, is continued under this Act as the Social Services Appeal Board.

Members

4(1)        The appeal board is to consist of 15 members appointed by the Lieutenant Governor in Council.

Who can be a member

4(2)        The members of the appeal board must, in the opinion of the Lieutenant Governor in Council,

(a) be representative of the regional, economic and cultural diversity of Manitoba;

(b) be knowledgeable about social services and programs under designated Acts; and

(c) not be employees under the control of a minister responsible for a designated Act.

Two-year terms

4(3)        Each member is to be appointed for a term of two years, and may be reappointed for two further two-year terms.

Reappointing a member

4(4)        A member who has served for three terms may be reappointed for a further term, but only if at least one year has passed since the end of his or her last term.

Member continues to hold office

4(5)        A member continues to hold office until he or she is reappointed, a successor is appointed or the appointment is revoked.

Remuneration and expenses

5           The members of the appeal board are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council.

Chair and vice-chair

6(1)        The Lieutenant Governor in Council must designate one of the members of the appeal board as chair and one or more members as vice-chairs.

Duties of vice-chair

6(2)        A vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.

Staff

7           Any employees required to enable the appeal board to carry out its responsibilities may be appointed in accordance with The Civil Service Act.

Responsibilities of the appeal board

8           The appeal board has these responsibilities:

(a) to hear and decide appeals under designated Acts;

(b) at the minister's request, to advise and make recommendations about matters that relate to social services and programs in Manitoba;

(c) on its own initiative, to advise and make recommendations to the minister about social services provided under the designated Acts;

(d) to perform any other duties assigned to it by an Act or regulation or by the minister.

Procedural rules

9           The appeal board may establish its own rules of practice and procedure and must make them available to the public.

Posting information about appeals

10          A designated officer must post information about the right to appeal to the appeal board, and about the appeal process, in a visible public location in any office in which decisions are made that can be appealed under a designated Act.

PANELS OF THE APPEAL BOARD

Board to sit in panels

11(1)       The appeal board must sit in panels of three members when hearing appeals.

Assigning members to panels

11(2)       The chair is to assign members to sit on panels.

Chair of panel

11(3)       The chair or a vice-chair is to preside over a panel, or the chair may designate another member of the appeal board to preside.

Who is not eligible to be a member of a panel

11(4)       A member of the appeal board is not eligible to sit on a panel if he or she

(a) is a relative of a party; or

(b) is not able to be impartial and independent about the outcome of the appeal.

Quorum

11(5)       A quorum for a panel is the three members referred to in subsection (1).

Jurisdiction of panel

11(6)       In considering and deciding an appeal,

(a) a panel has all the jurisdiction of the appeal board and may exercise the board's powers and perform its duties; and

(b) a decision of a majority of the members of a panel is the decision of the appeal board.

APPEAL TO THE APPEAL BOARD

Filing an appeal

12(1)       A person who has a right to appeal a decision or order to the appeal board under a designated Act may commence an appeal by filing a notice of appeal with the board.

Time limit for filing

12(2)       A notice of appeal must be filed within 30 days after the date of the decision or order, unless the designated Act specifies a different time limit.

Extending the time limit

12(3)       The appeal board may extend the time limit for commencing an appeal, and may do so either before or after the time limit expires.

Reasons

12(4)       A notice of appeal must be in writing and must state the reasons for the appeal.

Parties

13(1)       The parties to an appeal are the person who has a right to appeal to the appeal board and the designated officer under the designated Act.

Parties to be present

13(2)       The appellant and the designated officer or a delegate of the designated officer must be present at the hearing or, if subsection 19(2) applies, must be able to communicate with each other and the appeal board simultaneously.

Advocates

14          At the appellant's request, another person may communicate with the appeal board at any time on the appellant's behalf and may be present with the appellant at the hearing.

Notice to the designated officer

15(1)       On receiving a notice of appeal, the appeal board must promptly give a copy of it to the designated officer.

Designated office must forward documents

15(2)       On receiving the notice of appeal, the designated officer must promptly give the appeal board

(a) all of the documentary evidence on which the designated officer made the decision or order being appealed;

(b) any documents that the designated officer is specifically required to provide to the board under the designated Act; and

(c) any other documents the designated officer thinks might be relevant to the appeal.

Hearing date

16(1)       For each appeal, the appeal board must arrange the earliest possible hearing date.  The hearing must not be commenced more than 30 days after the board receives the notice of appeal, unless the board at the request of the appellant, grants an extension.

Notice

16(2)       Unless the parties agree to a shorter period of notice, at least six days before the hearing the appeal board must give the parties written notice of the date, time and place of the hearing.

Parties may examine evidence

17          The appeal board must give each party a reasonable opportunity to examine and copy any information that has been submitted to the board for the purpose of the hearing.

Powers and duties of the board

18          The appeal board must inform itself fully of the facts concerning each appeal.  For that purpose, the board

(a) may require the attendance of witnesses and the production of documents in addition to the witnesses called by the parties and the documents produced by the parties; and

(b) has the powers of a commissioner under Part V of The Manitoba Evidence Act.

Hearing process: rules of evidence do not apply

19(1)       The appeal board is not bound by the rules of evidence that apply to judicial proceedings.

Hearing by teleconference

19(2)       A hearing may be held by means of a conference telephone call, or by another method of communication that permits the appeal board and the parties to communicate with each other simultaneously.

Closed hearing if appellant requests

19(3)       The hearing is to be closed to the public if the appellant asks for it to be closed; otherwise it is to be open to the public.

Adjournment

19(4)       The appeal board may adjourn a hearing when it considers it appropriate to do so.

ORDER OF THE APPEAL BOARD

Order of the board

20(1)       Unless the designated Act states otherwise, after a hearing the appeal board may, by written order,

(a) confirm, vary or rescind the order or decision of the designated officer;

(b) make any order or decision that the designated officer could have made; or

(c) refer the matter back to the designated officer for further consideration by the designated officer in accordance with any direction of the appeal board.

Reasons

20(2)       The appeal board must give written reasons for its order.

Time limit for making order

20(3)       The appeal board must make its order within 15 days after the hearing ends.

Order given to the parties

20(4)       The appeal board must give the parties a copy of the order and inform them of their right to appeal a question of law or jurisdiction to The Court of Appeal.

Method of giving the order

20(5)       The order must be given to the parties personally or by regular lettermail or by another method acceptable to the appeal board and the parties.

Order must be given effect

21          A designated officer must give effect to the order of the appeal board.

Reconsideration of the order

22(1)       At the request of a party to the appeal or on its own initiative, the appeal board may reconsider all or part of its order and may confirm, vary, suspend or rescind its order.

Time limit for making request

22(2)       A written request for a reconsideration, stating the reasons for the request, must be filed with the appeal board within 30 days after the date of the board's order.

Time limit for deciding request

22(3)       The appeal board must, by order, make a decision as to whether an order will be reconsidered, within 15 days after the date the request for a reconsideration is filed.

Reasons

22(4)       The board must give written reasons if it decides not to reconsider an order.

APPEAL TO COURT OF APPEAL

Appeal to Court of Appeal

23(1)       Any party to the appeal before the appeal board may appeal the board's order to The Court of Appeal on any question involving the board's jurisdiction or on a point of law, but only after obtaining leave to appeal from a judge of The Court of Appeal.

Time limit

23(2)       An application for leave to appeal must be made within 30 days after the date of the appeal board's order, or within any further time that a judge allows.

Parties

23(3)       The parties to the appeal before the appeal board, and the appeal board, are entitled to be heard on the application for leave to appeal and on the appeal itself.

Order of Court of Appeal

24          The Court of Appeal may

(a) quash, vary or confirm the order of the appeal board; or

(b) refer the matter back to the appeal board for further consideration in accordance with any direction of the Court.

REGULATIONS

Regulations

25          The Lieutenant Governor in Council may make regulations

(a) designating Acts or regulations for the purpose of the definition "designated Act" in section 1;

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

ANNUAL REPORT

Annual report

26          Within six months after the end of the government's fiscal year, the appeal board must provide the minister with a report about the board's activities during that fiscal year.  The minister shall lay a copy of the report before the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

PROTECTION FROM LEGAL ACTION

Protection from legal action

27          No action or proceeding for damages may be brought against the appeal board or any member of the board because of anything done or omitted in good faith

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act.

TRANSITIONAL

Transitional:  definitions

28(1)        In this section,

"former Act" means The Social Services Administration Act, R.S.M. 1987, c. S165; (« ancienne loi »)

"former designated Act" means a designated Act as it read immediately before the coming into force of this Act. (« ancienne loi désignée »)

Appeals already commenced

28(2)        Where on the day this Act comes into force an appeal under a former designated Act to the Social Services Advisory Committee under the former Act has been commenced but not finally disposed of, the appeal shall be continued and completed in accordance with that former designated Act as if this Act had not come into force.

CONSEQUENTIAL AMENDMENTS

Consequential amendments, C.C.S.M. c. A2

29(1)        The Adoption Act is amended by this section.

29(2)        Section 1 is amended by adding the following definition in alphabetical order:

"appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act; (« Commission d'appel »)

29(3)        The following is added after subsection 9(1):

Appeal to appeal board

9(1.1)      Upon making a decision to refuse, suspend, cancel or not renew a licence, the director must provide reasons for doing so and advise the person affected of the right to appeal the matter to the appeal board.

29(4)        Subsection 9(2) is amended

(a) in the section heading, by striking out "Social Services Advisory Committee" and substituting "appeal board"; and

(b) in the subsection, by striking out everything after "renewed may" and substituting "appeal the decision to the appeal board, and the provisions of The Social Services Appeal Board Act apply with respect to the appeal."

29(5)        Subsection 9(3) is repealed.

Consequential amendments, C.C.S.M. c. C158

30(1)        The Community Child Day Care Standards Act is amended by this section.

30(2)        The definition "appeal board" in section 1 is replaced with the following:

"appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act; (« Commission d'appel »)

30(3)        Clause 16(c) of the French version is amended by striking out "le Comité d'appel" and substituting "la Commission d'appel".

30(4)        The following is added after subsection 20(5):

Notice of right to appeal

20(5.1)     When an order or decision that may be appealed is made, the person affected must be advised of his or her right to appeal to the appeal board.

30(5)        Subsection 20(6) is amended by striking out everything after "made by" and substituting "filing a written notice of appeal with the appeal board".

30(6)        The following is added after subsection 20(6):

Procedure on appeal

20(7)       The provisions of The Social Services Appeal Board Act apply with respect to an appeal under this section to the appeal board.

30(7)        Sections 21 to 26 are repealed.

30(8)        Subsection 30(5) is replaced with the following:

The Social Services Appeal Board Act applies

30(5)       The provisions of The Social Services Appeal Board Act apply with respect to the procedures on an appeal to the review committee under subsection (4) as if the review committee were the appeal board, except that the decision of the review committee is, subject to subsection (6), binding and not subject to further appeal.

Consequential amendments, C.C.S.M. c. E98

31(1)        The Employment and Income Assistance Act is amended by this section.

31(2)        The definition "appeal board" in section 1 is replaced with the following:

"appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act; (« Commission d'appel »)

31(3)        Subsection 9(2) is amended

(a) in the English version, by adding "or she" after "he"; and

(b) by striking out everything after "appeal board".

31(4)        Subsection 9(3) of the English version is amended

(a) in the part before clause (a), by striking out "he feels his" and substituting "the applicant or recipient feels his or her";

(b) in clause (a), by adding "or she" after "he"; and

(c) in clauses (b), (c), (d) and (e), by adding "or her" after "his".

31(5)        Subsection 9(4) is replaced with the following:

Notice of appeal

9(4)        A person who receives a notice under subsection (2) and who wishes to appeal the decision or order for any of the reasons set out in subsection (3) may file a written notice of appeal with the appeal board in accordance with The Social Services Appeal Board Act, and the provisions of that Act apply with respect to the appeal.

31(6)        Subsection 9(5) is repealed.

31(7)        Subsection 9(6) is amended

(a) by striking out the part before clause (a) and substituting the following:

Documents respondent to provide

9(6)        For the purpose of clause 15(2)(b) of The Social Services Appeal Board Act, the respondent shall provide the appeal board with

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

31(8)        Subsections 9(7) to (10) and (12) are repealed.

Consequential amendments, C.C.S.M. c. S165

32(1)        The Social Services Administration Act is amended by this section.

32(2)        Section 1 is amended

(a) by striking out the definition "committee"; and

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

"appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act; (« Commission d'appel »)

32(3)        Sections 3 and 4 are repealed.

32(4)        The following is added after subsection 13(4.1):

Notice of right to appeal

13(4.2)     Upon making a decision or order that may be appealed to the appeal board, the licensing authority must provide reasons for doing so and advise the person affected by the decision or order of the right to appeal to the appeal board.

32(5)        Subsection 13(5) is amended by striking out the part after clause (c) and substituting the following:

may appeal the matter to the appeal board.

32(6)        The following is added after subsection 13(5):

The Social Services Appeal Board Act applies

13(5.1)     The provisions of The Social Services Appeal Board Act apply with respect to an appeal to the appeal board.

32(7)        Subsections 13(6), (7) and (8) are repealed.

Consequential amendments, S.M. 2000, c. 31 (unproclaimed provisions)

33(1)        The Social Services Administration Amendment Act, S.M. 2000, c. 31, is amended by this section.

33(2)        Subsection 9(4) is replaced with the following:

9(4)        Subsection 13(5) is replaced with the following:

Appeal to appeal board

13(5)       A person may appeal the following decisions of the licensing authority to the appeal board:

(a) the licensing authority's refusal to grant or renew a letter of approval or licence;

(b) the licensing authority's issuance of a provisional letter of approval or a provisional licence;

(c) the licensing authority's cancellation or suspension of a letter of approval or licence.

33(3)        Section 10 is repealed.

33(4)        Section 12 is amended by striking out "section 13.1" and substituting "subsection 13(5)" in the following provisions:

(a) the part of subsection 14.2(2) before clause (a);

(b) clause 14.2(3)(a).

33(5)        Section 19 is repealed.

Consequential amendments, C.C.S.M. c. V90

34(1)        The Vulnerable Persons Living with a Mental Disability Act is amended by this section.

34(2)        The definition "appeal board" in section 1 is replaced with the following:

"appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act; (« Commission d'appel »)

34(3)        The centred heading after section 15 is replaced with the following:

APPEAL TO APPEAL BOARD

34(4)        The following is added before section 16:

Decision by executive director

15.1        When there is a dispute about a matter referred to in clause 16(1)(a) or (b), the executive director shall

(a) make his or her decision in writing and include reasons; and

(b) advise each person referred to in subsection 16(2) of the right to appeal the decision to the appeal board.

34(5)        Subsection 16(1) is amended

(a) in the section heading, by striking out "application" and substituting "appeal"; and

(b) in the subsection,

(i) in the part before clause (a), by striking out "make an application to the appeal board for a hearing to resolve" and substituting "appeal to the appeal board a decision of the executive director",

(ii) in clause (a), by striking out "a dispute", and

(iii) in the part of clause (b) before subclause (i),

(A) by striking out "a dispute concerning the individual plan" and substituting "as to the individual plan for a vulnerable person", and

(B) by striking out "resolution of the dispute could involve" and substituting "the decision involves".

34(6)        Subsection 16(2) is amended in the section heading and in the section by striking out "application" and substituting "appeal".

34(7)        The following is added after subsection 16(2):

The Social Services Appeal Board Act applies

16(3)       The provisions of The Social Services Appeal Board Act apply with respect to an appeal to the appeal board.

34(8)        Sections 17 to 19 are repealed.

34(9)        Subsection 20(1) is repealed.

34(10)       Subsection 20(2) is amended in the part before clause (a)

(a) by striking out "a decision" and substituting "an order"; and

(b) by striking out "the decision" and substituting "the order".

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

35          This Act may be cited as The Social Services Appeal Board Act and referred to as chapter S167 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

36(1)       This Act, except section 33, comes into force on a day fixed by proclamation.

Coming into force:  section 33

36(2)       Section 33 comes into force on the day The Social Services Administration Amendment Act, S.M. 2000, c. 31, comes into force.