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:
The Social Services Appeal Board Act is amended by this Act.
Subsection 11(1) is replaced with the following:
Appeal heard by single member or panel
An appeal must be heard by a single member or by a panel of three members.
Subsection 11(2) is replaced with the following:
Chair to determine size and composition
The chair must
(a) determine whether an appeal is to be heard by a single member or a panel of three members; and
(b) assign members to hear appeals.
Subsection 11(4) is amended, in the part before clause (a), by striking out "sit on a panel" and substituting "hear an appeal".
Subsection 11(5) is replaced with the following:
A quorum for a panel of three members is the three members.
Clause 11(6)(a) is amended by adding "a single member or" before "a panel".
Subsection 13(2) is replaced with the following:
Parties to be present at oral hearing
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
(b) if the hearing is conducted by telephone or through the use of other electronic means, must be able to communicate with each other and the appeal board simultaneously.
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.
Opportunity to make submissions
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.
Dismissal not subject to appeal or review
A dismissal under this section is final and binding and not subject to review by a court or appeal, including an appeal under section 23.
Subsection 16(1) is amended by striking out "30 days" and substituting "35 days".
Subsection 16(2) is amended by striking out "six days" and substituting "seven days".
Subsection 19(2) is replaced with the following:
Hearing conducted orally or in writing
The appeal board may conduct a hearing orally or in writing. An oral hearing may be held in person or by telephone or through the use of other electronic means.
Subsection 22(3) is amended by striking out "15 days" and substituting "30 days".
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.