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This version was current from April 1, 2009 to June 16, 2010.
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C.C.S.M. c. S165
The Social Services Administration Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act; (« Commission d'appel »)
"assistance" means aid in any form to or in respect of a person in need for the purpose of providing or providing to or in respect of such a person
(a) food, shelter, clothing, fuel, utilities, household supplies and personal requirements,
(b) prescribed items incidental to the carrying on of a trade or other employment and other prescribed special needs of any kind,
(c) care in a home for special care,
(d) travel and transportation,
(e) funerals and burials,
(f) health care services other than those provided under The Health Services Insurance Act,
(g) prescribed social services provided or purchased by or on the request of the minister or a person or agency authorized by the minister, and
(h) comfort allowances and other prescribed needs of residents or patients in prescribed institutions,
whether provided in addition to or independent of income assistance, and whether or not the person to whom it is provided is a recipient of income assistance; (« aide »)
"department" means the department of the executive government of the province through which assistance is administered; (« ministère »)
"income assistance" means income assistance as defined in The Employment and Income Assistance Act; (« aide au revenu »)
"letter of approval" means a letter of approval issued to a residential care facility and includes a provisional letter of approval issued under subsection 13(4); (« lettre d'agrément »)
"licence" means a licence issued to a residential care facility and includes a provisional licence issued under subsection 13(4); (« permis »)
"licensing authority" means the minister or a person designated by the minister as the licensing authority for the purposes of this Act and the regulations; (« responsable des permis »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"residential care facility" means premises in which accommodation, care and supervision is provided to one or more adults who
(a) have a disability or disorder prescribed in the regulations, or
(b) require care because of frailty or cognitive impairment related to aging,
but does not include premises
(c) in which accommodation, care and supervision is provided by a person only to his or her family members, or
(d) that are licensed under The Health Services Insurance Act; (« établissement de soins en résidence »)
"social services" means services having as their objects the lessening, removal or prevention of the causes and effects of poverty, child neglect or dependence on income assistance or assistance, and, without limiting the generality of the foregoing, includes
(a) rehabilitation services,
(b) case work, counselling, assessment and referral services,
(c) adoption services,
(d) homemaker, day care and similar services,
(e) community development services,
(f) consulting, research and evaluation services with respect to social service programs, and
(g) administrative, secretarial and clerical services, including staff training, relating to the provision of any of the foregoing services or the provision of assistance. (« services sociaux »)
The minister may, in writing, delegate to any person any of the powers, duties and functions conferred or imposed on the minister under this Act.
The minister may
(a) institute inquiry into and collect information and statistics relating to, all matters of public welfare;
(b) disseminate information in such manner and form as may be found best adapted to promote public welfare;
(c) take or direct such measures as may seem suitable to promote public welfare.
The minister is, ex officio, a member of the board of directors or board of management of every institution or other agency that is supported in whole or in part by grants or other payments made from the Consolidated Fund and charged, in the books of the government, to moneys voted by the Legislature and appropriated for the service of the department.
Every official of an institution or other agency to which section 6 applies, every medical officer of health, every secretary or clerk of a municipality, every secretary or trustee of a school board under The Public Schools Act, and every other person who is so directed by order of the Lieutenant Governor in Council, shall, with reference to matters pertaining to the administration of those Acts or parts of Acts that are under the administration of the minister, and the regulations made under any of those Acts or parts of Acts, collect, tabulate and provide such information as the minister may require.
Any person who refuses or omits, neglects, or fails, to comply with any requirement of, or made under, this section is guilty of an offence punishable on summary conviction.
Where the Governor General in Council or any person, institution, foundation, association, society, or other organization, (in this section called "the grantor") will, under an Act of the Parliament of Canada or otherwise, make a grant or gift of moneys to the Government of Manitoba for the promotion, advancement, improvement, protection, or security, in any way, of the welfare of residents of the province, the minister, acting for and on behalf of the government, may, subject to subsection (3), enter into an agreement with the grantor respecting the purposes for which, and the terms and conditions on which, the moneys shall be received and expended by the government.
Where an Act of the Legislature has authorized the making of a grant or gift of moneys, to be paid from and out of the Consolidated Fund, to any person, institution, foundation, association, society, or other organization (in this section called "the grantee") for the promotion, advancement, improvement, protection, or security, in any way, of the welfare of residents of the province, the minister may prescribe the specific purposes for which, and the terms and conditions on which, the moneys shall be received and expended by the grantee, and may require the grantee to enter into an agreement with respect thereto in such form as the minister requires; and the minister, acting for and on behalf of the government, may, subject to subsection (3), enter into such an agreement with the grantee.
The minister shall not enter into an agreement under subsection (1) or (2) unless, before the execution thereof, it has been approved by order of the Lieutenant Governor in Council.
With the approval of the Lieutenant Governor in Council, the minister, for and on behalf of the government, may enter into agreements with the Government of Canada or any minister thereof, under which the Government of Canada undertakes to contribute towards the costs incurred by the Government of Manitoba in providing assistance, financial or otherwise, to persons, either directly or through municipalities, local government districts, the Commissioner of Northern Affairs, or any minister or agency of the Government of Manitoba, or any authorized agent, under any Act of the Legislature administered under the minister.
The minister, through the department, may
(a) provide assistance;
(b) provide social services and develop programs of social services; and
(c) carry out projects of work activity.
Where a person was, in January, 1981, receiving an allowance under either The Blind Persons' Allowances Act or The Disabled Persons' Allowances Act, the minister shall, in each month commencing in February, 1981 and continuing until the person would have become ineligible to receive the allowance under that Act, if that Act and the program of allowances payable under that Act had continued in force without change, provide and pay to the person assistance in an amount equal to the allowance which he or she received under that Act in January, 1981.
The minister may, in writing, authorize a person or agency, including a private non-profit agency, whether incorporated or not,
(a) to accept applications for types of assistance specifically approved by the minister in respect of that person or agency; or
(b) to determine eligibility for types of assistance specifically approved by the minister in respect of that person or agency; or
(c) to provide or pay types of assistance specifically approved by the minister in respect of that person or agency; or
(d) to provide social services specifically approved by the minister in respect of that person or agency; or
(e) to carry out projects of work activity specifically approved by the minister in respect of that person or agency;
or to do any or all of those things, as agent for the government; and the minister may, in writing, revoke the authority at any time without notice.
Where a person or agency is authorized to do any of the things mentioned in subsection (1), the person or agency shall keep such books and records with respect thereto as may be required by the minister.
Where the minister authorizes a person or agency to do any of the things mentioned in subsection (1), the minister may require the books and records of the person or agency to be audited by the Auditor General, or a person designated by the Auditor General, and the minister may refuse to requisition the reimbursement of that person or agency under subsection (4) until the minister is satisfied by the report of the Auditor General, or other person designated by the Auditor General, that the books and records, and the financial affairs, of that person or agency are in order.
Where the minister authorizes a person or agency to do any of the things mentioned in subsection (1), the Minister of Finance shall, on the requisition of the minister, reimburse the person or agency for all or part of the costs incurred by the person or agency in respect of the doing of those things.
No person shall
(a) operate, advertise, or otherwise hold himself, herself or itself out as operating, a residential care facility; or
(b) provide, or hold himself, herself or itself out as providing, any of the services provided in a residential care facility; or
(c) accommodate, or hold himself, herself or itself out as accommodating any person who requires any of the services provided in a residential care facility;
unless the person is the holder of a valid and subsisting licence or letter of approval as the case may require issued by the licensing authority.
A person who desires to operate a residential care facility shall apply to the licensing authority on a form provided by the authority for a letter of approval or licence as the case may require.
Upon receipt of an application under subsection (2), the licensing authority, if satisfied that the applicant and the facility meet the requirements of the Act and the regulations, may grant the letter of approval or the licence, as the case may be.
The licensing authority may grant the letter of approval or the licence subject to any terms and conditions that the licensing authority considers appropriate.
Notwithstanding any other provision of this Act or the regulations, where a residential care facility does not meet all the requirements of the regulations the licensing authority may grant a provisional letter of approval or a provisional licence, as the case may be, in respect of the facility for such period as the licensing authority considers appropriate to permit the applicant to bring the facility into compliance with the requirements of the regulations.
A person who obtains a licence under subsection (3) or (4) to operate a residential care facility is not required to obtain any other licence for the purpose.
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.
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.
13(6) to (8)Repealed, S.M. 2001, c. 9, s. 32.
The licensing authority may appoint one or more persons as inspectors for the purposes of the Act or the regulations.
For the purpose of determining whether there is compliance with this Act and the regulations or an order made under this Act, an inspector may
(a) upon presentation of identification, enter and inspect a residential care facility and the operations in the residential care facility;
(b) inspect any records, documents or other things relevant to the inspection;
(c) demand the production for inspection of records, documents or other things relevant to the inspection, including records, documents or other things that are not kept on the premises of the residential care facility;
(d) conduct any examination or test that is reasonably necessary for the inspection; and
(e) on providing a receipt, remove a record, document, sample of a substance, or any other thing, if it is relevant to the inspection.
An inspector may enter and inspect any premises that the licensing authority believes on reasonable grounds is operated as a residential care facility in contravention of this Act.
In carrying out an inspection or examination under this Act, an inspector may
(a) use a data processing system at the residential care facility or the place where the records, documents or things are kept to examine any data contained in or available to the system;
(b) reproduce, in the form of a print-out or other intelligible output, any record from the data contained in or available to a data processing system at the residential care facility or in the place; and
(c) use any copying equipment at the residential care facility or place to make copies of any record or document.
A holder of a letter of approval or a licensee of a residential care facility and any other person who has custody or control of a record, document or thing referred to in subsection (2), shall give an inspector all reasonable assistance to enable the inspector to carry out his or her duties and shall furnish to the inspector any information the inspector may reasonably require.
No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section.
Where the licensing authority or an inspector is satisfied that a residential care facility described in a letter of approval or a licence
(a) is not being operated or maintained in compliance with the requirements or standards set out in the Act or regulations; or
(b) is being operated or maintained in a manner that is hazardous to the health, safety or well-being of any resident;
the licensing authority or inspector may, by written order, require the licensee or holder of the letter of approval to take measures to remedy the non-compliance within the time limits specified in the order.
The licensing authority may cancel or suspend a letter of approval or a licence if the holder of the letter of approval or the licensee, as the case may be, does not comply with the compliance order.
If the licence for a residential care facility is suspended or cancelled or has expired and a new licence has not been issued the minister may, by written order, appoint a provisional administrator of the residential care facility to carry on the operation of the facility.
Upon the appointment of a provisional administrator under subsection (1), the rights of the licensee or its board of directors with respect to the operation of the residential care facility — other than the right to appeal under subsection 13(5) — are suspended, and the provisional administrator has all the powers, duties, privileges and authority of the former licensee of the residential care facility or its board of directors for the purpose of carrying on the operation of the residential care facility and
(a) may enter, and authorize others to enter, the residential care facility for the purpose of carrying on its operations;
(b) may name persons to assist in the operation of the residential care facility; and
(c) shall have the use of all the money, books and records of the former licensee of the residential care facility which pertain to its operation.
The provisional administrator shall carry on the operation of the residential care facility
(a) until the licence is reinstated if an appeal under subsection 13(5) is taken and the licence is reinstated as a result;
(b) if no appeal is taken, or if the appeal is dismissed, until the provisional administrator has made alternative arrangements to provide care for the residents and terminated the operation of the residential care facility; or
(c) until the appointment of the provisional administrator is revoked by written order of the minister.
The former licensee and its officers and employees shall cooperate with the provisional administrator and make available to him or her the former licensee's funds, books, records and anything else under its authority that is necessary to the facility's operation.
Where a provisional administrator is appointed under subsection (1) the costs and expenses incurred in carrying on the operation of the residential care facility, including remuneration for the provisional administrator and staff employed by him or her for the purpose of carrying on the operation of the residential care facility, shall, as far as possible, be paid from the funds of the former licensee of the residential care facility that pertain to the operation of the facility.
Any expenses of a provisional administration that cannot be paid from the former licensee's funds may be paid from the Consolidated Fund, and the amount of those expenses is a debt due and owing to the Crown from the former licensee of the residential care facility.
Every person who violates or contravenes section 13 or subsection 14(6) is guilty of an offence and liable, on summary conviction, to a fine of not less than $200. and not more than $1,000.
Where a violation or contravention of section 13 or subsection 14(6) continues for more than one day, the person violating or contravening the subsection is guilty of a separate offence for each day that the violation or contravention continues.
Subject to subsection (2), the Minister of Finance on the requisition of the minister may make payments from and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, at such times in any year and in such amounts as the regulations may provide, to any person
(a) who receives the monthly guaranteed income supplement under the Old Age Security Act (Canada); and
(b) who resides in Manitoba; and
(c) whose total income for the year, including the supplement to which reference is made in clause (a), is below a level specified in the regulations; and
(d) who is not within a category of persons excluded by the regulations from the application of this subsection.
For the purposes of clause (1)(c), the total income of a person for any year is the income that is
(a) declared by the person in his or her application for a supplement under the Old Age Security Act (Canada) in respect of that year; and
(b) accepted as true and correct for the purpose of Part II of the Old Age Security Act (Canada) by the minister responsible for that Act.
With the approval of the Lieutenant Governor in Council, the minister, for and on behalf of the government, may enter into agreements with the Government of Canada or a Minister or agency thereof
(a) for the co-operative administration of the program described in section 18; or
(b) for contribution by the Government of Canada toward the cost of the program described in section 18, including the expense of administering the program;
or for both of the matters set out in clauses (a) and (b).
Where a payment made to a person under section 18, or any part thereof, would not have been made except for
(a) a false statement or misrepresentation made by the person; or
(b) an error;
the government may recover from the person or his or her executors or administrators the amount of that payment or that part thereof as a debt due from the person to the Crown.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,
(a) respecting the types of assistance, the work activity projects, and the social services, that may be approved by the minister for the purposes of section 11;
(a.1) respecting assistance, work activity projects and social services that may be provided under this Act;
(b) prescribing the costs that may be included in the costs of an agent, for or in respect of an agent, for or in respect of assistance, work activity projects or social services;
(c) specifying the time for making any payment authorized under section 18;
(d) specifying the amount, or the method of determining the amount, of any payment authorized under section 18;
(e) specifying a level of income for the purposes of section 18;
(f) specifying any category of persons to which section 18 does not apply;
(g) prescribing disabilities and disorders for the purpose of clause (a) of the definition "residential care facility" in section 1;
(h) respecting the licensing of residential care facilities, including the issuance of licences and the renewal, variation, suspension and cancellation of licences;
(i) respecting the granting of letters of approval with respect to residential care facilities including the issuance of letters of approval and the renewal, variation, suspension and cancellation of letters of approval;
(j) prescribing the fees payable for licences and letters of approval granted with respect to residential care facilities;
(k) respecting standards for residential care facilities and their operation, including standards of safety, care, accommodation, nutrition, services and programs;
(l) respecting the staffing of residential care facilities and the requirements to be met by staff and volunteers;
(m) respecting the books, accounts and records, including health records, that are to be kept by licencees and holders of letters of approvals and the storage and destruction of them;
(n) requiring licencees and holders of letters of approval to provide financial and other records in the form and at the times as the licensing authority may require;
(o) respecting the requirement to keep individual financial records for each resident of a residential care facility;
(p) respecting contracts between licensees or holders of letters of approval and residents of residential care facilities;
(q) defining any word used but not defined in this Act.
A regulation under subsection (1) respecting residential care facilities may be made applicable to any class of persons or any class of residential care facilities.