Second Session, Thirty-Seventh 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 13
THE SOCIAL SERVICES APPEAL BOARD AND CONSEQUENTIAL AMENDMENTS ACT
| Table of Contents | Explanatory Note |
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
DEFINITIONS AND PURPOSE
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 »)
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
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.
The appeal board is to consist of 15 members appointed by the Lieutenant Governor in Council.
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
Each member is to be appointed for a term of two years, and may be reappointed for two further two-year terms.
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
A member continues to hold office until he or she is reappointed, a successor is appointed or the appointment is revoked.
The members of the appeal board are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council.
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.
A vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.
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
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.
The appeal board may establish its own rules of practice and procedure and must make them available to the public.
Posting information about appeals
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
The appeal board must sit in panels of three members when hearing appeals.
The chair is to assign members to sit on panels.
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
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.
A quorum for a panel is the three members referred to in subsection (1).
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
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.
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.
The appeal board may extend the time limit for commencing an appeal, and may do so either before or after the time limit expires.
A notice of appeal must be in writing and must state the reasons for the appeal.
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.
The appellant and the designated officer or a delegate of the designated officer must be present at the hearing.
At the appellant's request, another person may communicate with or appear before the appeal board on the appellant's behalf.
Notice to the designated officer
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
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.
For each appeal, the appeal board must arrange the earliest possible hearing date. The hearing cannot be commenced more than 30 days after the board receives the notice of appeal and if a designated Act specifies a shorter time period, the hearing must be commenced within that time period.
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.
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
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
The appeal board is not bound by the rules of evidence that apply to judicial proceedings.
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
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.
The appeal board may adjourn a hearing when it considers it appropriate to do so.
ORDER OF THE APPEAL BOARD
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.
The appeal board must give written reasons for its order.
The appeal board must make its order within 15 days after the hearing ends.
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.
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.
A designated officer must give effect to the order of the appeal board.
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.
A written request for a reconsideration must be filed with the appeal board within 30 days after the date of the board's order.
Time limit for deciding request
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.
The board must give written reasons if it decides not to reconsider an order.
APPEAL TO COURT OF APPEAL
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.
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.
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.
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
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
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
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
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 »)
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
The Adoption Act is amended by this section.
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 »)
The following is added after subsection 9(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.
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."
Subsection 9(3) is repealed.
Consequential amendments, C.C.S.M. c. C158
The Community Child Day Care Standards Act is amended by this section.
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 »)
Clause 16(c) of the French version is amended by striking out "le Comité d'appel" and substituting "la Commission d'appel".
The following is added after subsection 20(5):
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.
Subsection 20(6) is amended by striking out everything after "made by" and substituting "filing a written notice of appeal with the appeal board".
The following is added after subsection 20(6):
The provisions of The Social Services Appeal Board Act apply with respect to an appeal under this section to the appeal board.
Sections 21 to 26 are repealed.
Subsection 30(5) is replaced with the following:
The Social Services Appeal Board Act applies
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
The Employment and Income Assistance Act is amended by this section.
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 »)
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".
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".
Subsection 9(4) is replaced with the following:
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.
Subsection 9(6) is amended
(a) by striking out the part before clause (a) and substituting the following:
Documents respondent to provide
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).
Subsections 9(7) to (10) and (12) are repealed.
Consequential amendments, C.C.S.M. c. S165
The Social Services Administration Act is amended by this section.
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 »)
Sections 3 and 4 are repealed.
The following is added after subsection 13(4.1):
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.
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.
The following is added after subsection 13(5):
The Social Services Appeal Board Act applies
The provisions of The Social Services Appeal Board Act apply with respect to an appeal to the appeal board.
Subsections 13(6), (7) and (8) are repealed.
Consequential amendments, S.M. 2000, c. 31 (unproclaimed provisions)
The Social Services Administration Amendment Act, S.M. 2000, c. 31, is amended by this section.
Subsection 9(4) is replaced with the following:
Subsection 13(5) is replaced with the following:
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.
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);
Section 19 is repealed.
Consequential amendments, C.C.S.M. c. V90
The Vulnerable Persons Living with a Mental Disability Act is amended by this section.
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 »)
The centred heading after section 15 is replaced with the following:
The following is added before section 16:
Decision by executive director
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.
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".
Subsection 16(2) is amended in the section heading and in the section by striking out "application" and substituting "appeal".
The following is added after subsection 16(2):
The Social Services Appeal Board Act applies
The provisions of The Social Services Appeal Board Act apply with respect to an appeal to the appeal board.
Sections 17 to 19 are repealed.
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
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.
This Act, except section 33, comes into force on a day fixed by proclamation.
Section 33 comes into force on the day The Social Services Administration Amendment Act, S.M. 2000, c. 31, comes into force.