The Social Services Appeal Board Amendment Act

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S.M. 2022, c. 38

Bill 13, 4th Session, 42nd Legislature

The Social Services Appeal Board Amendment Act

Explanatory Note

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

This Bill amends The Social Services Appeal Board Act. The following changes are made to the procedures before the board.

An appeal may be heard by a single member of the board.

An appeal may be heard in writing or by telephone or other electronic means.

The board may dismiss an appeal in certain circumstances, including when the appeal is trivial, not made in good faith or is vexatious.

Certain procedural deadlines are extended.

(Assented to November 3, 2022)

HIS 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(1)   Subsection 11(1) is replaced with the following:

Appeal heard by single member or panel

11(1)   An appeal must be heard by a single member or by a panel of three members.

2(2)   Subsection 11(2) is replaced with the following:

Chair to determine size and composition

11(2)   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.

2(3)   Subsection 11(4) is amended, in the part before clause (a), by striking out "sit on a panel" and substituting "hear an appeal".

2(4)   Subsection 11(5) is replaced with the following:

Quorum

11(5)   A quorum for a panel of three members is the three members.

2(5)   Clause 11(6)(a) is amended by adding "a single member or" before "a panel".

3   Subsection 13(2) is replaced with the following:

Parties to be present at oral hearing

13(2)   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.

4   The following is added after section 15:

Dismissal of appeal

15.1(1)   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

15.1(2)   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.

Reasons for dismissal

15.1(3)   The appeal board must give written reasons to the parties if it dismisses an appeal or part of an appeal.

Timing of dismissal

15.1(4)   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

15.1(5)   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.

5(1)   Subsection 16(1) is amended by striking out "30 days" and substituting "35 days".

5(2)   Subsection 16(2) is amended by striking out "six days" and substituting "seven days".

6   Subsection 19(2) is replaced with the following:

Hearing conducted orally or in writing

19(2)   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.

7   Subsection 22(3) is amended by striking out "15 days" and substituting "30 days".

8   Subsection 23(2) is replaced with the following:

Time limit

23(2)   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.

Coming into force

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