Social Assistance Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.S-10
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents
1. Definitions 2. Director of Social Assistance 3. Duties of Director 4. Social Welfare Officer 5. Assistance 5.1. Delegation 6. Social 7. Board 8. Persons who may appeal 9. Expenses and allowances 10. Recovery of assistance 10.1. Repealed 11. Agreements 12. Amendment or termination 12.1. Confidentia- lity 13. False statements 14. Aiding or abetting 15. Offence and punishment 16. Regulations 17. Regulations respecting amounts of assistance
Regulations
Income Assistance for Seniors and Persons With Disabilities RegulationsIncome Assistance RegulationsSocial Assistance Appeal Committees OrderSocial Assistance Appeals RegulationsWelfare Services Regulations

Definitions

1.

In this Act,

"Appeal Board" means the Social Assistance Appeal Board established by subsection 7(1); (Commission d’appel)

"appeal committee" means a social assistance appeal committee established pursuant to subsection 6(1); (comité d’appel)

"assistance" means aid of the kind prescribed to or in respect of a person in need; (assistance)

"Director" means the Director of Social Assistance for the Northwest Territories appointed under section 2; (directeur)

"local authority" means

(a) a municipal council,

(a.1) the Territorial board of management under the Hospital Insurance and Health and Social Services Administration Act,

(b) a Board of Management established under the Hospital Insurance and Health and Social Services Administration Act, or

(c) a body that the Minister recognizes as a representative body of a community or region for the purposes of this Act; (autorité locale)

"person in need" means a person whose need for assistance has been established in accordance with the regulations; (personne nécessiteuse)

"Social Welfare Officer" means a Social Welfare Officer appointed under section 4; (agent du bien-être social)

"welfare services" means services of the kind prescribed having as their object the lessening, removal or prevention of the causes and effects of poverty, child neglect or dependence on public assistance. (services de bien-être) S.N.W.T. 1998,c.21,s.16(2); S.N.W.T. 2011,c.8,s.24; S.N.W.T. 2015,c.27,s.9(2); S.N.W.T. 2015,c.14,s.30.

ADMINISTRATION

Director of Social Assistance

2.

There shall be a Director of Social Assistance for the Northwest Territories appointed by the Minister. S.N.W.T. 1998,c.21,s.16(3)(a); S.N.W.T. 2015, c.27,s.9(2).

Duties of Director

3.

(1) The Director shall, under the direction of the Minister, administer this Act and perform any other duties and functions that the Minister may impose. S.N.W.T. 1998,c.21,s.16(3)(b).

(2) Repealed, S.N.W.T. 1998,c.21,s.16(4).

Social Welfare Officer

4.

The Director may appoint any person in the Northwest Territories to be a Social Welfare Officer for the areas that may be designated in the appointment to perform the duties and functions that are prescribed. S.N.W.T. 2015, c.27,s.9(2).

ASSISTANCE AND WELFARE SERVICES

Assistance

5.

(1) The Director shall, as provided in the regulations, make provision for assistance to any person in need in the Northwest Territories or to any person in need who left the Territories pursuant to an arrangement approved by the Director.

Welfare services

(2) The Director shall, as provided in the regulations, make provision for welfare services to any eligible person in the Northwest Territories or to any such person who left the Territories pursuant to an arrangement approved by the Director. S.N.W.T. 2015, c.27,s.9(3),(4).

Delegation

5.1.

(1) The Minister may, by written agreement, delegate to a local authority designated by the Minister duties and functions of the Director pertaining to the delivery of assistance and welfare services.

Consultation

(2) Before delegating duties or functions pertaining to the delivery of assistance and welfare services in a region comprising more than one community, the Minister must consult with such representatives of the communities in the region as he or she considers necessary. S.N.W.T. 1998,c.21, s.16(5).

APPEALS

Social

6.

(1) The Minister shall, by order, establish the social assistance appeal committees that are necessary for the hearing of appeals under this Act at the times and in the places that the Minister may designate and with the jurisdiction that the Minister may determine.

Composition

(2) An appeal committee shall be composed of not fewer than three and not more than eight members, including a chairperson, appointed by the Minister. 1993,c.14, s.2; S.N.W.T. 1998,c.21, s.16(3)(c).

Board

7.

(1) A board called the Social Assistance Appeal Board is established.

Composition

(2) The Appeal Board shall be composed of a chairperson, a vice-chairperson and not fewer than three other members appointed by the Minister.

Term of office

(3) A member of the Appeal Board shall be appointed for a term not exceeding four years.

Panel

(4) The chairperson of the Appeal Board shall, for each appeal, designate not fewer than three and not more than five members of the Appeal Board to sit as a panel of the Appeal Board and shall direct the panel to hear the appeal.

Quorum

(5) Three members constitute a quorum at an appeal heard by a panel of the Appeal Board.

Decision of panel

(6) A decision made by a panel of the Appeal Board at an appeal at which a quorum is present is the decision of the Appeal Board.

Jurisdiction, powers and duties

(7) A panel of the Appeal Board has the jurisdiction and may exercise all the powers and perform the duties of the Appeal Board under this Act and the regulations and, for that purpose, any reference in this Act or the regulations to the Appeal Board shall be deemed to be also a reference to a panel of the Appeal Board.

Chairperson or vice- chairperson to preside

(8) The chairperson of the Appeal Board shall preside at any appeal at which the chairperson is present and the vice-chairperson shall preside at any appeal at which the vice-chairperson is present and the chairperson is not.

Member to preside

(9) For an appeal where neither the chairperson nor the vice-chairperson are to be present, the chairperson shall appoint another member of the Appeal Board to preside at the appeal. 1993,c.14,s.3; S.N.W.T. 1998,c.21,s.16(3)(d); S.N.W.T. 2018,c.21,s.2.

Persons who may appeal

8.

(1) An applicant for or recipient of assistance under this Act may appeal any decision made by a Social Welfare Officer or the Director with respect to his or her eligibility to receive that assistance or the amount of assistance paid to him or her.

Appeal to appeal committee

(2) An appeal made under subsection (1) shall be made in the first instance to the appeal committee for the place in which the person resides.

Appeal to Appeal Board

(3) An applicant for or recipient of assistance or the Director may appeal any finding of an appeal committee to the Appeal Board.

Appearance by applicant

(4) Every person making an appeal before an appeal committee under subsection (2) or the Appeal Board under subsection (3) is entitled to appear in person or by a representative.

Decision of Appeal Board

(5) The decision of the Appeal Board is final but a new application for assistance may be made by the applicant on new or other evidence or where it is made clear in the application that the material circumstances of the applicant have changed.

GENERAL

Expenses and allowances

9.

A member of an appeal committee or the Appeal Board

(a) is entitled to be paid reasonable travelling and living expenses incurred by the member in the performance of his or her duties on an appeal committee or the Appeal Board; and

(b) may be paid an allowance fixed by the Minister for each day on which the member is engaged in the work of an appeal committee or the Appeal Board.

S.N.W.T. 1998,c.21,s.16(3)(e).

Recovery of assistance

10.

Where a person has received assistance

(a) for which the person is not eligible, or

(b) in an amount in excess of the amount of assistance to which the person is eligible,

the amount of the assistance or the excess amount may be recovered at any time as a debt due to the Government of the Northwest Territories. S.N.W.T. 1998,c.21,s.16(6).

10.1.

Repealed, R.S.N.W.T. 1988, c.113 (Supp.), s.1; 1991-92,c.19,s.2.

Agreements

11.

Subject to this Act, the Minister may enter into an agreement with the federal Minister of Employment and Social Development Canada to provide for the payment by the Government of Canada to the Northwest Territories of contributions in respect of the cost to the Territories of providing

(a) assistance to or in respect of persons in need; and

(b) welfare services to or in respect of persons in need or persons who are likely to become persons in need unless these services are provided.

S.N.W.T. 1998,c.21,s.16(3)(f); S.N.W.T. 2015, c.27,s.9(5); S.N.W.T. 2016,c.9,s.13(2).

Amendment or termination

12.

An agreement entered into under section 11 may contain any other terms and conditions that the Minister considers necessary and may be amended or terminated at any time by mutual consent of the parties to the agreement. S.N.W.T. 1998,c.21, s.16(3)(g).

Confidentia- lity

12.1.

(1) Any information received by a person employed in the administration of this Act in the course of his or her employment under this Act or by a member of an appeal committee or the Appeal Board in the course of his or her appointment as a member under this Act is confidential and shall not be disclosed by the person or member except in the performance of his or her duties or as provided in subsection (2).

Exceptions

(2) Information referred to in subsection (1) may be disclosed

(a) where the person to whom it relates consents in writing to the disclosure;

(b) to the Financial Management Board in respect of the forgiveness of a debt under the Financial Administration Act; and

(c) to a person employed by the government of Canada, a government of a province or territory, an Aboriginal government, or by a ministry, board, commission or agency of such a government for the purpose of exchanging information in respect of benefits paid under this Act or any Act of such a government that provides similar benefits.

S.N.W.T. 1993,c.14,s.4; S.N.W.T. 2015,c.13,s.174(2); S.N.W.T. 2016,c.9,s.13(3); S.N.W.T. 2018,c.21,s.3.

OFFENCES AND PUNISHMENT

False statements

13.

No person shall make a false or misleading statement for the purpose of obtaining assistance or welfare services for himself or herself or any other person.

Aiding or abetting

14.

No person shall knowingly aid or abet any other person to obtain assistance or welfare services to which that other person is not entitled under this Act.

Offence and punishment

15.

Every person who contravenes this Act is guilty of an offence punishable on summary conviction.

REGULATIONS

Regulations

16.

On the recommendation of the Minister, the Commissioner may make regulations that the Commissioner considers necessary to carry out the provisions of this Act and, without limiting the generality of this power to make regulations, may make regulations

(a) Repealed, 1993,c.14, s.5(1).

(b) prescribing the conditions of eligibility to receive assistance or welfare services;

(c) governing the time and manner of making applications for assistance or welfare services;

(d) prescribing the information, material or proof, including evidence under oath, that must be provided before assistance is given;

(e) respecting the investigation of applications in order to determine the eligibility of the applicants to receive assistance and prescribing the procedure to be followed in the consideration of all information, material and evidence submitted;

(f) prescribing the manner in which an applicant for assistance shall be informed as to whether his or her application has been granted or refused;

(g) prescribing the time within and manner in which assistance must be given;

(h) respecting the forms to be used under this Act;

(i) prescribing the circumstances or conditions under which assistance must be terminated or the amount of any assistance altered;

(j) respecting the information and material to be provided from time to time by recipients as to their continued eligibility for assistance;

(k) prescribing, for the purpose of this Act, the kinds of aid that constitute assistance and the kinds of services that are welfare services;

(l) prescribing the manner in which welfare services may be provided;

(m) prescribing the manner in which appeals must be dealt with under section 8;

(n) prescribing the manner of informing applicants for and recipients of assistance of their responsibilities and rights under this Act and regulations;

(o) for the carrying out of the obligations of the Northwest Territories under an agreement made under section 11;

(p) respecting the participation of designated local authorities in the delivery of assistance and welfare services;

(q) prescribing the duties and functions of Social Welfare Officers.

S.N.W.T. 1993,c.14,s.5; S.N.W.T. 2015,c.27,s.9(2).

Regulations respecting amounts of assistance

17.

(1) The Commissioner, on the recommendation of the Financial Management Board, may make regulations respecting the amount of assistance and welfare services that may be given to persons in need.

Retroactive operation

(2) A regulation made under subsection (1) may, if it so provides, have retroactive effect to a day that is not earlier than the first day of the fiscal year in which it is made.

Deemed commence- ment of certain regulation

(3) The amendment to the Social Assistance Regulations registered under the Statutory Instruments Act on November 13, 1991 under registration number R-119-91 is deemed to have come into force on April 1, 1991. 1993,c.14,s.6.

Deemed commence- ment of certain regulation

(4) The amendment to the Social Assistance Regulations registered under the Statutory Instruments Act on February 16, 1998 as regulation numbered R-017-98, is deemed to have come into force January 1, 1997, notwithstanding section 5 of that regulation. S.N.W.T. 1993,c.14,s.6; S.N.W.T. 1998,c.41, s.1; S.N.W.T. 2015,c.13, s.174(3).