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The Social Services Appeal Board Amendment Act

This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

S.M. 2018, c. 31

Bill 24, 3 rd Session, 41st Legislature

The Social Services Appeal Board Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act adds a provision to The Social Services Appeal Board Act stating that the appeal board has no jurisdiction to consider constitutional challenges to legislation or to grant remedies under the Canadian Charter of Rights and Freedoms.

(Assented to November 8, 2018)

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

C.C.S.M. c. S167 amended

1           The Social Services Appeal Board Act is amended by this Act.

2           The following is added after section 8:

No jurisdiction over constitutional questions

8.1         The appeal board does not have jurisdiction

(a) to inquire into or make a decision concerning the constitutional validity or applicability of an Act of the Parliament of Canada or of the Legislature, or of a regulation made under the authority of such an Act; or

(b) to grant a remedy under subsection 24(1) of the Canadian Charter of Rights and Freedoms.

Transitional: decisions of the appeal board

3(1)        Subject to subsection (2), this Act applies to decisions made by the appeal board after this Act comes into force, regardless of the date of the events giving rise to the appeal.

November 2017 decision

3(2)        This Act does not apply in relation to the decision remitted back to the appeal board by a judgment of the Manitoba Court of Appeal dated November 7, 2017.

Coming into force

4           This Act comes into force on the day it receives royal assent.