Skip to main content
The Disability Support Act and Amendments to The Manitoba Assistance Act

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

S.M. 2021, c. 60

Bill 72, 3rd Session, 42nd Legislature

The Disability Support Act and Amendments to The Manitoba Assistance Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill enacts The Disability Support Act and makes amendments to The Manitoba Assistance Act.

The Disability Support Act creates a new support framework for individuals living with a severe and prolonged disability who have no other adequate means of support. Individuals can apply for basic disability support payments as well as shelter assistance. The Act also allows for additional discretionary support payments in special cases.

Disability payments under The Manitoba Assistance Act remain available for individuals who do not qualify for assistance under The Disability Support Act, but only for disabilities expected to continue for more than one year.

The Manitoba Assistance Act is amended to add a preamble and statement setting out the Act's purpose. The Act's provisions are also made gender-neutral and obsolete provisions are repealed.

(Assented to October 14, 2021)

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

Disability Support Act

1

The Disability Support Act set out in Schedule A is hereby enacted.

Manitoba Assistance Amendment Act

2

The Manitoba Assistance Amendment Act set out in Schedule B is hereby enacted.

Coming into force

3(1)

Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

3(2)

The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.


SCHEDULE A

THE DISABILITY SUPPORT ACT

TABLE OF CONTENTS

Section

1     Definitions

2     Purpose

3     Disability support

4     Shelter support

5     Additional payments or services

6     Determination of financial resources

7     Combining payments

8     Legal aid not to be considered

9     Application

10   Variation of support

11   Appeals

12   Court of Appeal fees and costs

13   Director

14   Payments from Consolidated Fund

15   Action on behalf of recipient

16   Funding agreements with Government of Canada

17   Reciprocal agreements

18   Agreements re services

19   Annual report

20   Lien against land

21   Recovery of overpayments

22   Right of set-off

23   Offence and restitution

24   Regulations

25   Transitional provision

26-29   Consequential amendments

30   C.C.S.M. reference

31   Coming into force


THE DISABILITY SUPPORT ACT

WHEREAS Manitobans living with severe and prolonged disabilities face multiple and connected barriers to full community participation and social and economic inclusion;

AND WHEREAS persons living with severe and prolonged disabilities have distinct financial, service and accommodation needs;

AND WHEREAS income and income security are key determinants of social and economic inclusion;

AND WHEREAS there is a societal responsibility to eliminate barriers faced by persons living with severe and prolonged disabilities and to accommodate their needs;

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

INTRODUCTORY PROVISIONS

Definitions

1(1)

The following definitions apply in this Act.

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

"applicant" means an individual applying for disability support, shelter support or any other payment or service under this Act. (Version anglaise seulement)

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with the other person

(a) in a conjugal relationship of some permanence; or

(b) in circumstances that indicate to the director that their relationship is conjugal. (« conjoint de fait »)

"dependant", with respect to any person, means the person's spouse or common-law partner, including any child under the age of 18 years who is dependant upon the person for support but excluding the spouse or common-law partner of that child. (« personne à charge »)

"director" means the person designated as the director under section 13. (« directeur »)

"disability support" means an amount paid to a recipient in accordance with section 3. (« soutien pour personne handicapée »)

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

"prescribed" means prescribed by regulation. (Version anglaise seulement)

"recipient" means an individual receiving disability support, shelter support or any other payment or service under this Act. (« bénéficiaire »)

"regulation" means a regulation made under this Act. (« règlement »)

"shelter support" means an amount paid to a recipient in accordance with section 4. (« soutien au logement »)

Reference to "Act" includes regulations

1(2)

A reference to "this Act" includes the regulations made under this Act.

Purpose

2

The purpose of this Act is to provide financial assistance to Manitobans who live with a severe and prolonged disability and have insufficient means of supporting themselves.

ENTITLEMENT TO SUPPORT

Disability support

3

A person who has a severe and prolonged disability and who meets the eligibility criteria established in the regulations is entitled to receive disability support in an amount determined in accordance with the regulations.

Shelter support

4(1)

A person who receives disability support and who meets the eligibility criteria established in the regulations is entitled to also receive shelter support in an amount determined in accordance with the regulations.

Maximum shelter support — 75% of median market rent

4(2)

The maximum set out in the regulations for shelter support payable to a person who resides in eligible rental accommodations as defined in the regulations must be at least 75% of the median market rent in relation to that person's household. Median market rent is to be determined annually in accordance with the regulations.

Additional payments or services

5

Subject to the regulations, a person receiving disability support or shelter support may be provided with additional payments or services as the director considers appropriate.

Financial resources

6(1)

The financial resources of an applicant or recipient must be taken into account in determining their eligibility for a payment under this Act.

Determination of financial resources

6(2)

For the purpose of subsection (1), subject to any prescribed exclusions, an applicant's or recipient's financial resources include the following:

(a) all income from any source received by the applicant or recipient, their spouse or common-law partner or any of their dependants;

(b) all real and personal property held by the applicant or recipient, their spouse or common-law partner or any of their dependants;

(c) gifts and gratuities, whether in cash or in kind, received on a one-time or recurring basis by the applicant or recipient, their spouse or common-law partner or any of their dependants;

(d) the value, as determined by the director, of free shelter, free board or free lodging received by the applicant or recipient, their spouse or common-law partner or any of their dependants.

Combining payments

7

If an applicant or recipient is eligible for more than one type of payment under this Act, the amounts may be combined into a single payment.

Legal aid not to be considered

8

Legal aid received by an applicant or recipient under The Legal Aid Manitoba Act must not be considered in determining

(a) their eligibility for disability support or shelter support; or

(b) the amount of support payable.

APPLICATION

How to apply

9(1)

An application for disability support, shelter support or any other payment or service under this Act must be made to the director in accordance with the regulations.

Duty to provide information

9(2)

An applicant and their spouse or common-law partner must provide any information required to determine the applicant's eligibility, including personal health information as defined in The Personal Health Information Act.

Disability assessment

9(3)

An applicant may be required to undergo a disability assessment, including a medical examination.

Granting or denying application

9(4)

After considering the application, the director may grant or deny the application.

Documentation if application denied

9(5)

If the director denies the application, the director must, as soon as practicable, provide the applicant with

(a) written reasons for the denial; and

(b) a statement setting out the applicant's right to appeal the decision under section 11.

Duty to notify of change

10(1)

An applicant or recipient must notify the director of any of the following within 30 days after the event occurs:

(a) a significant change in their ability to carry on employment or to engage in their activities of daily living;

(b) a change in their income or the income of their spouse or common-law partner or any of their dependants;

(c) a change in their assets or a change in the assets of their spouse or common-law partner or any of their dependents;

(d) a change with respect to any other matter set out in the regulations.

Variation of support

10(2)

If, based on a notification under subsection (1) or on any other information received, the director has grounds to believe that the type or level of disability support, shelter support or any other payment or service to be provided to the recipient under section 3, 4 or 5 has changed, or the recipient is no longer eligible to receive it, the director may

(a) discontinue, suspend or reinstate the support, payments or service; or

(b) vary the support, payments or service being provided.

Notice of variation

10(3)

As soon as practicable after making a decision under subsection (2), the director must provide notice of the discontinuance, reduction, suspension, increase or variance to the recipient, together with

(a) written reasons for the decision; and

(b) a statement setting out the right of the recipient to appeal the decision under section 11.

APPEALS TO SOCIAL SERVICES APPEAL BOARD

Right to appeal

11(1)

A person may appeal to the appeal board if the person is of the view that they were treated unfairly because

(a) they were not allowed to apply or re-apply for disability support, shelter support or any other payment or service under this Act;

(b) their application was not decided within a reasonable time;

(c) their application was denied;

(d) their disability support, shelter support or any other payment or service under this Act was discontinued, reduced, varied or suspended; or

(e) the amount of disability support, shelter support or other payments under this Act, or the level of services provided under this Act, is insufficient to meet their needs.

Social Services Appeal Board Act applies

11(2)

The Social Services Appeal Board Act applies to the appeal.

Interpretation

11(3)

For the purpose of subsection 12(1) of The Social Services Appeal Board Act, an appeal under clause (1)(a) or (b) of this Act is deemed to be an appeal of a decision of the director.

Required appeal documents

11(4)

For the purpose of clause 15(2)(b) of The Social Services Appeal Board Act, the director must provide the appeal board with the following documents:

(a) a copy of the appellant's application;

(b) particulars of the financial resources of the appellant;

(c) evidence that the director provided the notice and written reasons, if any, required by section 9 or 10.

Court of Appeal fees and costs

12

Despite any fees prescribed under the Court of Appeal Rules, no fee is payable in respect of an appeal of a decision of the appeal board to the Court of Appeal. But the Court of Appeal may award costs in respect of a successful or unsuccessful appeal.

ADMINISTRATION

Designation of director

13(1)

The minister may designate an individual employed by the government under The Civil Service Act as the director for the purposes of this Act.

Delegation by director

13(2)

The director may, in writing, authorize a person or class of persons employed under the minister to perform any of the director's duties or exercise any of the director's powers under this Act.

Payments from Consolidated Fund

14

Amounts required for the administration of this Act, including the provision of support under this Act, may be paid out of the Consolidated Fund with money appropriated by or under another Act of the Legislature for the purpose of this Act.

Action on behalf of recipient

15

If a recipient has a right to bring an action against any person who is or may be liable to the recipient for the payment of money but has not brought the action, the director may bring the action in the recipient's name.

Funding agreements with Government of Canada

16

With the approval of the Lieutenant Governor in Council, the minister may enter into agreements with the Government of Canada under which the Government of Manitoba is reimbursed for all or part of its costs incurred in providing disability support, shelter support or any other payment or service under this Act, including administrative costs.

Reciprocal agreements

17

With the approval of the Lieutenant Governor in Council, the minister may enter into agreements with the Government of Canada or with the government of another province or territory of Canada respecting

(a) the payment of disability support, shelter support or other payments under this Act, or the provision of any service under this Act, to persons who are in Manitoba temporarily but are not residents of Manitoba; or

(b) the payment of an allowance similar to disability support, shelter support or other payments under this Act, or the provision of any service similar to a service provided under this Act, to residents of Manitoba who are temporarily in another province or territory of Canada.

The agreement may be subject to terms and conditions the minister considers appropriate.

Agreements re services

18

The minister may enter into agreements with any person or organization for the provision of services under this Act and the payment for those services.

Annual report

19(1)

Within six months after the end of the government's fiscal year, the director must prepare and submit to the minister a report about the administration of this Act in that fiscal year.

Tabling report in the Assembly

19(2)

The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives it.

RECOVERY RIGHTS AND OFFENCES

Lien against land

20(1)

If the government has made a payment in respect of

(a) mortgage principal or arrears in property tax relating to real property owned, in whole or in part, by a recipient;

(b) repairs to real property owned, in whole or in part, by a recipient; or

(c) an agreement for the sale of land owned, in whole or in part, by a recipient;

the government has a lien against the land in the amount of the payment.

Registration in land titles

20(2)

The government may cause the lien to be registered in a land titles office and may cause the registration to be postponed, amended or discharged in accordance with the regulations.

Effect of lien

20(3)

Upon registration of the lien in the appropriate land titles office, it becomes enforceable as a certificate of judgment under The Judgments Act.

Recovery of overpayments

21(1)

If the government has provided disability support or shelter support, or has made any other payment under this Act, to or in respect of a person not entitled to the support or payment, the amount is a debt due to the government that the government may recover from

(a) the person;

(b) the person's spouse or common-law partner; and

(c) if the person is a child under the age of 18 years, the person's parent or guardian or anyone liable to pay the person's expenses.

Recovery from person liable for maintenance

21(2)

If

(a) a person is responsible under any law or order of the court for the maintenance of a recipient or for contributing to the maintenance of the recipient;

(b) the person has not fulfilled their maintenance obligation to the recipient; and

(c) all or part of the amount of disability support, shelter support or other payments would not have been paid to the recipient had the person fulfilled their maintenance obligation;

the amount that would not have been paid to or in respect of the recipient but for the person's failure to fulfil their maintenance obligation is a debt due to the government that the government may recover from the person.

Right of set-off

22

Despite any other provision of this Act, the director may set off any of the following against future payments to a person under this Act:

(a) a debt owing under section 21;

(b) a debt owing under section 20 of The Manitoba Assistance Act.

But each set-off must not be an amount that would cause undue hardship.

Offence

23(1)

A person is guilty of an offence who

(a) makes a false statement in any form, application, record or return prescribed or used for the purposes of this Act; or

(b) fails to notify the director of a change in their circumstances when required to do so under subsection 10(1).

Penalty

23(2)

A person convicted of an offence under subsection (1) is liable to either or both of the following:

(a) a fine of not more than $5,000;

(b) imprisonment for a term not exceeding three months.

Restitution

23(3)

In addition to imposing a penalty under subsection (2), the justice who convicts a person may order the person to pay restitution of any amount paid to the person under this Act as a result of the offence.

Filing order in court

23(4)

A restitution order made under subsection (3) may be filed in the Court of Queen's Bench and, on being filed, may be enforced in the same manner as a judgment of the court.

Time limit for prosecution

23(5)

A prosecution under this Act may not be commenced later than four years after the day the alleged offence was committed.

REGULATIONS

Regulations

24(1)

The Lieutenant Governor in Council may make regulations

(a) respecting the manner of determining whether a person has a severe and prolonged disability, including prescribing criteria for a severe and prolonged disability;

(b) respecting the eligibility criteria for disability support and shelter support;

(c) fixing the amount of disability support that may be provided to an applicant or recipient;

(d) fixing the amount of shelter support that may be provided to an applicant or recipient, including establishing a maximum amount payable or prescribing a method for determining the maximum amount;

(e) respecting the circumstances under which the director may provide payments to an applicant or recipient that are in addition to disability support or shelter support;

(f) respecting the provision of other services to an applicant or recipient;

(g) for the purpose of section 6, excluding any income or asset or type of income or asset when determining a person's financial resources;

(h) respecting the manner of applying for disability support, shelter support or any other payment or service under this Act, including prescribing forms;

(i) respecting conditions that a recipient must comply with to continue to receive disability support, shelter support or any other payment or service under this Act;

(j) respecting the circumstances under which disability support, shelter support or any other payment or service under this Act may be discontinued, reduced or suspended and the manner in which it is to be discontinued, reduced or suspended;

(k) respecting the registration and enforcement of liens under this Act;

(l) defining a word or phrase used but not defined in this Act;

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

Retroactivity

24(2)

A regulation under clause (1)(c), (d) or (g) may be made retroactive except to the extent that it would

(a) make an applicant or recipient ineligible for a payment or service under this Act; or

(b) reduce the amount of a payment made, or the level or type of a service provided, to an applicant or recipient under this Act.

Application of regulation

24(3)

A regulation may be general or particular in its application and may apply in whole or in part to one or more classes of applicants or recipients.

TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

Transitional provisions

25

An agreement entered into under section 15, 16 or 16.1 of The Manitoba Assistance Act is deemed to apply in respect of an applicant or recipient as defined in this Act as if they were an applicant or recipient as defined in The Manitoba Assistance Act.

Consequential amendments, C.C.S.M. c. F20

26(1)

The Family Maintenance Act is amended by this section.

26(2)

Section 52 is amended

(a) in the definition "creditor", by replacing clause (a) with the following:

(a) the director of assistance or director of disability support, if an order has been assigned to them under section 64;

(b) by repealing the definition "director"; and

(c) by adding the following definitions:

"director of assistance" means the Director of Assistance designated under The Manitoba Assistance Act; (« directeur des Programmes d'aide »)

"director of disability support" means the director designated under section 13 of The Disability Support Act; (« directeur du soutien pour personne handicapée »)

26(3)

Subsection 53(4) is amended, in the part before clause (a), by striking out "director" and substituting "director of assistance".

26(4)

The following is added after subsection 53(4):

Disability support recipients

53(4.1)

If a person entitled to receive payments under a maintenance order is receiving disability support, shelter support or any other payments under The Disability Support Act, the director of disability support shall sign and file with the designated officer a statement indicating that the provisions of this Part respecting enforcement by the designated officer apply to the maintenance order. Upon filing the statement, those provisions of this Part

(a) become applicable to the maintenance order; and

(b) despite any other provisions of this Act, remain applicable as long as the person continues to receive disability support, shelter support or any other payments under The Disability Support Act.

26(5)

The following is added after section 53.12 and before the centred heading "MAINTENANCE PAYMENTS TO DESIGNATED OFFICER":

NOTICE TO DIRECTOR OF DISABILITY SUPPORT

Notice to director of disability support

53.13

If the maintenance receivable under a maintenance order has been assigned to the director of disability support in relation to a person who is receiving disability support, shelter support or any other payments under The Disability Support Act, the designated officer must notify the director of disability support of the following:

(a) a request for information made to a creditor under subsection 53.9(5);

(b) a decision of the designated officer to cease to enforce the order or reduce the amount of maintenance being enforced under the order.

26(6)

Clause 61.2(3)(a) is amended by striking out "and the director".

26(7)

Subsection 64(1) is amended

(a) by repealing the definition "director"; and

(b) by adding the following definitions:

"director of assistance" means the director of assistance designated under The Manitoba Assistance Act; (« directeur des Programmes d'aide »)

"director of disability support" means the director designated under section 13 of The Disability Support Act; (« directeur du soutien pour personne handicapée »)

26(8)

Subsection 64(2) is amended by striking out "the director" and substituting "the director of assistance or director of disability support".

26(9)

Subsection 64(3) is amended

(a) by striking out "If the director" and substituting "If the director of assistance or director of disability support"; and

(b) in the English version, by striking out "the director shall" and substituting "they shall".

26(10)

Subsection 64(4) is replaced with the following:

Rights of director of assistance or director of disability support

64(4)

If an order has been assigned to the director of assistance or director of disability support in accordance with subsection (2), that director has the same right to be notified of and participate in any proceedings under this Act to vary, discharge, suspend or enforce payments, or arrears of payments under this order, as has the person who is entitled to the payments under the order.

Consequential amendment, C.C.S.M. c. F50

27

Clause 6(c) of The Fatal Accidents Act is amended by adding "The Disability Support Act," after "The Manitoba Assistance Act,".

Consequential amendment, C.C.S.M. c. F175

28

Clause 17(2)(d) of The Freedom of Information and Protection of Privacy Act is amended by adding "disability support," after "income assistance,".

Consequential amendment, C.C.S.M. c. S167

29

Section 1 of The Social Services Appeal Board Act is amended in the definition "designated Act" by adding the following after clause (b):

(b.1) The Disability Support Act;

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

C.C.S.M. reference

30

This Act may be referred to chapter D76 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

31

This Act comes into force on a day to be fixed by proclamation.


SCHEDULE B

THE MANITOBA ASSISTANCE AMENDMENT ACT

C.C.S.M. c. A150 amended

1

The Manitoba Assistance Act is amended by this Act.

2

The following is added as a preamble:

WHEREAS the goal of Manitoba's employment and income assistance program is to provide basic and temporary financial assistance to those in need while at the same time supporting recipients in becoming financially self-sufficient;

AND WHEREAS to enable recipients to become self-sufficient, they should receive assistance and supports that are informed by assessments and address the unique and complex social, medical, educational, and employment barriers facing those recipients;

AND WHEREAS recipients have a corresponding duty to actively engage in planning and programming provided under Manitoba's employment and income assistance program to the full extent of their abilities;

3

Section 1 is amended

(a) in the definition "child", by striking out "a boy or girl" and substituting "an individual";

(b) by adding the following definition:

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with the other person

(a) in a conjugal relationship of some permanence, or

(b) in circumstances that indicate to the director that their relationship is conjugal; (« conjoint de fait »)

(c) by repealing the definitions ""cost of the basic necessities" or "cost of his basic necessities"" and "financial resources".

4

The following is added as section 1.2:

Purpose

1.2

The purpose of this Act is to enable all Manitobans to meet their basic and essential needs if they have insufficient means of supporting themselves or their families and to empower them to become self-supporting through work or training.

5

Subsection 5(1) is amended

(a) in clause (a),

(i) in the part before subclause (i), by striking out "or physical or mental incapacity or disorder that is likely to continue for more than 90 days" and substituting ", incapacity or disorder likely to continue for a period of more than one year",

(ii) in subclause (i) of the English version, by striking out "himself and his" and substituting "themselves and their", and

(iii) in subclause (ii) of the English version, by striking out "himself" and substituting "themselves";

(b) in subclause (c)(i) of the English version, by striking out "his or her" and substituting "their";

(c) in subclause (e)(iii) of the English version, by striking out "he is" and substituting "they are"; and

(d) in clause (f) of the English version, by striking out "his" wherever it occurs and substituting "their".

6

Subsection 5.3.1(3) of the French version is amended by striking out "fournie à" and substituting "auquel a droit".

7

Section 5.3.3 of the English version is amended

(a) by striking out "he or she no longer qualifies" and substituting "the recipient no longer qualifies"; and

(b) by striking out "he or she continues" and substituting "the recipient continues".

8

Subsection 5.4(1) is replaced with the following:

Obligations re employment

5.4(1)

A person applying for or receiving income assistance or general assistance and a prescribed dependant of that person each has an obligation to satisfy the director that the person or dependant

(a) has met the employment obligations set out in the regulations that they are required to meet; and

(b) has undertaken or participated in the following to the extent they are required to do so under the regulations:

(i) employment enhancement measures,

(ii) supportive programming or treatment programs.

9

Subsection 5.5(1) of the English version is amended by striking out "his or her" and substituting "their".

10

The following is added after section 5.5:

Financial resources

5.6(1)

The director must take an applicant's or recipient's financial resources into account in determining their eligibility for a payment under this Act.

Determination of financial resources

5.6(2)

For the purpose of subsection (1), subject to any prescribed exclusions, an applicant's or recipient's financial resources include the following:

(a) all income from any source received by the applicant or recipient, their spouse or common-law partner or any of their dependants;

(b) all real and personal property held by the applicant or recipient, their spouse or common-law partner or any of their dependants;

(c) gifts and gratuities, whether in cash or in kind, received on a one-time or recurring basis by the applicant or recipient, their spouse or common-law partner or any of their dependants;

(d) the value, as determined by the director, of free shelter, free board or free lodging received by the applicant or recipient, their spouse or common-law partner or any of their dependants.

11

Section 6 is repealed.

12(1)

Subsection 9(2) of the English version is amended by striking out "he or she has" and substituting "they have".

12(2)

Subsection 9(3) is replaced with the following:

Right of appeal

9(3)

A person may appeal to the appeal board if the person is of the view that they were treated unfairly because

(a) they were not allowed to apply or re-apply for income assistance, general assistance or shelter assistance;

(b) their request for income assistance, general assistance or shelter assistance or an increase in income assistance or general assistance was not decided within a reasonable time;

(c) their application for income assistance, general assistance or shelter assistance was denied;

(d) their income assistance, general assistance or shelter assistance was cancelled, suspended, varied or withheld; or

(e) the amount of income assistance, general assistance or shelter assistance granted is insufficient to meet their needs.

12(3)

The following is added after subsection 9(4):

Interpretation

9(4.1)

For the purpose of subsection 12(1) of The Social Services Appeal Board Act, an appeal under clause (3)(a) or (b) of this Act is deemed to be an appeal of a decision of the director.

12(4)

Subsection 9(13) is replaced with the following:

Court of Appeal fees and costs

9(13)

Despite any fees prescribed under the Court of Appeal Rules, no fee is payable in respect of an appeal of a decision of the appeal board to the Court of Appeal. But the Court of Appeal may award costs in respect of a successful or unsuccessful appeal.

12(5)

Subsection 9(14) is repealed.

13

Subsection 18(3) is amended by striking out "who are not legally married to each other are living together under circumstances that indicate to the director that they are cohabiting in a conjugal relationship" and substituting "are common-law partners".

14

Clauses 19(1)(b) and (c) are replaced with the following:

(b) defining "basic necessity" and establishing the cost of basic necessities, or a method for establishing those costs, for the purpose of determining

(i) an applicant's or recipient's eligibility for income assistance under section 5, or

(ii) the amount of income assistance to be provided under section 5;

(c) for the purpose of section 5.6, excluding any income or asset or type of income or asset when determining an applicant's or recipient's financial resources;

15(1)

Subsection 20(1) is amended

(a) by striking out "or" at the end of clause (a) and adding the following after clause (a):

(a.1) the person's failure to inform the director of a material change in circumstances affecting the person's entitlement to income assistance, general assistance or shelter assistance; or

(b) in the part after clause (b) of the English version, by striking out "his" wherever it occurs and substituting "their".

15(2)

Subsection 20(3) is amended by adding "of this Act or under section 21 of The Disability Support Act" after "subsection (1) or (2)".

16

Section 22 is replaced with the following:

Offence

22(1)

A person is guilty of an offence who

(a) makes a false statement in any form, application, record or return prescribed or used for the purposes of this Act; or

(b) fails to inform the director of a material change in circumstances affecting their entitlement to a payment or service under this Act within 30 days after the change occurs.

Penalty

22(2)

A person convicted of an offence under subsection (1) is liable to either or both of the following:

(a) a fine of not more than $5,000;

(b) imprisonment for a term not exceeding three months.

Restitution

22(3)

In addition to imposing a penalty under subsection (2), the convicting judge or justice may order the person convicted to pay restitution of any amount paid to the person under this Act as a result of the offence.

Filing order in court

22(4)

A restitution order made under subsection (3) may be filed in the Court of Queen's Bench and, on being filed, may be enforced in the same manner as a judgment of the court.

Time limit for prosecution

22(5)

A prosecution under this Act may not be commenced later than four years after the day the alleged offence was committed.

TRANSITIONAL PROVISIONS

Definitions

17(1)

The following definitions apply in this section.

"disability assistance" means an amount paid under clause 5(1)(a) of the former Act. (« aide pour personne handicapée »)

"eligibility period" means the time period for which a person is approved to receive disability assistance. (« période d'admissibilité »)

"former Act" means The Manitoba Assistance Act as it read immediately before the coming into force of this Act. (« loi antérieure »)

Applications for disability assistance submitted before Act comes into force

17(2)

A person's eligibility for disability assistance must be determined under clause 5(1)(a) of the former Act if the application for it is made before this Act comes into force.

Disability assistance under former Act

17(3)

If disability assistance is being provided to a person under the former Act, or a person's application for disability assistance is approved in accordance with subsection (2), the disability assistance is to be provided to them under the former Act until the earlier of the following:

(a) the day the eligibility period established in response to their most recent application for disability assistance under clause 5(1)(a) of the former Act expires;

(b) the day the person begins to receive disability support under The Disability Support Act.

COMING INTO FORCE

Coming into force

18

This Act comes into force on a day to be fixed by proclamation.