4th Session, 42nd Legislature
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THE SOCIAL SERVICES APPEAL BOARD AMENDMENT ACT
|Bilingual version (PDF)||Explanatory Note|
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsection 11(1) is replaced with the following:
Subsection 11(2) is replaced with the following:
The chair must
(a) determine whether an appeal is to be heard by a single member or a panel of three members; and
Subsection 11(5) is replaced with the following:
Subsection 13(2) is replaced with the following:
If a hearing is held orally, the appellant and the designated officer or a delegate of the designated officer
(a) must be present at the hearing; or
The following is added after section 15:
The appeal board may dismiss an appeal or part of an appeal if
(a) it is not within the jurisdiction of the appeal board;
(b) it was not filed within the applicable time limit;
(c) in the opinion of the appeal board, its subject matter is trivial or the appeal is not made in good faith or is frivolous, vexatious or an abuse of process;
(d) in the opinion of the appeal board, there is no reasonable prospect that it will succeed; or
(e) its subject matter is being or has been dealt with appropriately according to a procedure provided for under another Act.
The appeal board must not dismiss an appeal or part of an appeal unless the appellant is given an opportunity to make written submissions or otherwise be heard as to why subsection (1) does not apply to the appeal.
The appeal board must give written reasons to the parties if it dismisses an appeal or part of an appeal.
The appeal board may dismiss an appeal or part of an appeal at any time before the start of the hearing.
Subsection 19(2) is replaced with the following:
Subsection 23(2) is replaced with the following:
An application for leave to appeal must be made
(a) within 30 days after the date of the appeal board's order under section 20;
(b) if the applicant seeks reconsideration of an order under section 22, within 30 days after
(i) the date the appeal board declines to reconsider the order under subsection 22(3), or
(ii) the date the appeal board confirms, varies, suspends or rescinds the order; or
(c) within any further time that a judge allows.
This Act comes into force on the day it receives royal assent.