as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. S165
The Social Services Administration Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"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 social allowance, and whether or not the person to whom it is provided is a recipient of social allowance; ("aide")
"committee" means The Social Services Advisory Committee for which provision is made in section 3; ("Comité")
"department" means the department of the executive government of the province through which assistance is administered; ("ministère")
"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")
"social allowance" means social allowance as defined in The Social Allowances Act; ("allocation d'aide sociale")
"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 social allowance 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")
There shall be in the department an Executive Director of Social Security who shall, under the direction of the minister, exercise such powers and perform such duties and functions as may be conferred or imposed upon him under any Act of the Legislature, and such other duties and functions as the minister may require.
The Social Services Advisory Committee is continued composed of 15 members appointed by the Lieutenant Governor in Council.
The Lieutenant Governor in Council shall appoint one of the members of the committee to be chairman and one to be vice-chairman of the committee.
Each of the members of the committee, unless he sooner dies or resigns or is removed from office by the Lieutenant Governor in Council, shall hold office for such term and from such date as is fixed by the Lieutenant Governor in Council, and thereafter until his successor is appointed, and may be re-appointed for a further term.
Three members of the committee constitute a quorum.
Each member of the committee may be paid, and may accept, remuneration in such amount as may be fixed by the Lieutenant Governor in Council.
In addition to the remuneration for which provision is made in subsection (5), each member of the committee may be paid, and may accept, such out-of-pocket expenses as are necessarily incurred by him in discharging his duties as a member of the committee.
The committee shall consider and report to the minister on any matter that may be referred to it; and shall perform such other duties, in addition to any duties imposed upon it under any other Act of the Legislature, as may from time to time be prescribed by order of the Lieutenant Governor in Council.
A secretary to the committee, and such other clerical help as may be required to carry on the work of the committee, may be appointed as provided in The Civil Service Act.
All expenses of the committee and of its members, officers, and employees, during any year, shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of the department.
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 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), he may require the books and records of the person or agency to be audited by the Provincial Auditor, or a person designated by the Provincial Auditor, and he may refuse to requisition the reimbursement of that person or agency under subsection (4) until he is satisfied by the report of the Provincial Auditor, or other person designated by the Provincial Auditor, 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.
Notwithstanding the provisions of any other Act of the Legislature or of any by-law of a municipality, no person shall operate
(a) any child care facility of the type listed in subsection 8(1) of The Child and Family Services Act; or
(b) any residential care facility where care and supervision is provided for adults suffering from such disabilities and disorders as may be prescribed in the regulations;
unless that person obtains a licence from the minister for the purpose issued in accordance with, and subject to, the regulations under this Act or The Child and Family Services Act.
A person who obtains a licence under subsection (1) to operate any facility, home or centre mentioned in that subsection is not required to obtain any other licence for the purpose.
No person shall
(a) operate, advertise, or otherwise hold himself out as operating, a residential care facility, or
(b) provide, or hold himself out as providing, any of the services provided in a residential care facility; or
(c) accommodate, or hold himself out as accommodating any person who requires any of the services provided in a residential care facility;
unless he 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.
Notwithstanding subsection (3), where a residential care facility does not meet all the requirements of the regulations but in the opinion of the licensing authority the facility is not hazardous to the health, safety or well-being of any person likely to be resident therein, the licensing authority may grant a letter of approval or licence, as the case may be, to operate the facility.
Any person aggrieved by the
(a) refusal of the licensing authority to issue a letter of approval or a licence; or
(b) cancellation or suspension of a letter of approval or a licence; or
(c) the refusal to issue or the cancellation or suspension of a licence for a facility under clause 12(l)(a);
may within 10 days after receiving notice of the refusal, cancellation or suspension appeal the matter to the Social Services Advisory Committee.
Upon receipt of a notice of appeal under subsection (5), the committee shall, within 30 days of the date of the appeal, consider the matter and in writing advise the appellant of its decision.
Where the appellant is not satisfied with the decision of the committee under subsection (6) he may within 10 days from the date of the determination by the committee appeal the matter to the Court of Queen's Bench.
An appeal under subsection (7) shall be by way of a trial de novo but the decision of the court is final and is not subject to any further appeal.
For the purpose of ensuring compliance with the provisions of this Act and the regulations or of any order made under this Act or the regulations, the licensing authority or an inspector may
(a) at any reasonable hour enter a residential care facility and inspect that facility; and
(b) inspect and take samples of any material, food, medication, or equipment being used at the facility.
A licence issued under The Child and Family Services Act or under this Act prior to the coming into force of this Act continues to be valid until its expiry date but is subject to the provisions of any regulation made hereunder.
Every person who violates or contravenes section 12 or 13 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 12 or 13 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.
A report of the work of the department shall be prepared annually and shall be forthwith laid by the minister before the Legislative Assembly, if it is then in session, and if it is not then in session, within 15 days after the opening of the next session thereof; and the minister shall issue such reports, publications and circulars as he may deem advisable.
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 application for a supplement under the Old Age Security Act (Canada) in respect of that year; and
(b) accepted by the Minister of National Health and Welfare as true and correct for the purposes of Part II of the Old Age Security Act (Canada).
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 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 ;
(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) respecting the classification and licensing of care homes, foster homes and other care facilities and institutions generally and matters ancillary thereto;
(h) prescribing disabilities and disorders for the purpose of subsection 12(1);
(i) respecting the suspension and cancellation of letters of approval and licences issued under this Act;
(j) prescribing the procedure to be followed in the suspension or cancellation of a licence;
(k) authorizing the minister to designate or appoint inspectors for the purpose of this Act and the regulations;
(l) prescribing further powers and duties of inspectors designated or appointed under this Act;
(m) imposing terms and conditions under which grants may be paid to the operator of any care facility under this Act.