S-32.001 - Act respecting income support, employment assistance and social solidarity

Updated to 1 April 1999

This document has official status.

chapter S-32.001

Act respecting income support, employment assistance and social solidarity

Not in force

24. A temporarily limited capacity for employment allowance, in the amount prescribed by regulation, shall be added to the basic benefit where the independent adult or an adult member of a family

(1)  produces a medical report establishing that, due to the adult’s physical or mental condition, the adult will be unable, for a period of at least one month, to engage in any activity that may be proposed under the second paragraph of section 5;

(2)  is at least 20 weeks pregnant or has given birth less than five weeks previously, and applies for the allowance; the application must be filed together with a medical report; the medical report may be replaced by a written report attesting the pregnancy signed by a midwife taking part in a pilot project governed by the Act respecting the practice of midwifery within the framework of pilot projects (chapter P‐16.1), indicating the adult’s name and date of birth, the number of weeks of pregnancy and the expected date of delivery, or the actual date of delivery;

(3)  provides childcare to a dependent child of the adult in the cases and subject to the conditions determined by regulation or to such a child who does not attend school by reason of a physical or mental handicap;

(4)  is 55 years of age or over and applies for the allowance;

(5)  shares a dwelling unit with a person whose autonomy is significantly reduced by reason of a physical or mental condition which requires constant care on the part of the adult;

(6)  is responsible for a family‐type resource recognized under the Act respecting health services and social services (chapter S‐4.2);

(7)  is responsible for a foster home under a service contract with the Minister of Public Security and must act as such with respect to a person required to live there.

A temporarily limited capacity for employment allowance shall also be added to the basic benefit in the case of an independent adult placed in a foster home or a victim of violence who takes refuge in a shelter, in the latter case for a maximum of three consecutive months from the date of admission. The same applies subject to the conditions determined by regulation in the other cases determined by regulation.

1998, c. 36, s. 24.

Not in force

32. If the recipient of a benefit is the lessee of a dwelling and is in default with respect to payment of the agreed rent, the Minister shall, on receipt of an order of the Régie du logement and in accordance with the Act respecting the Régie du logement (chapter R‐8.1), pay part of the benefit directly to the lessor, subject to the conditions and according to the amount relating to lodging determined by regulation. Such payment is deemed made to the recipient, except where it should not have been made to the lessor.

1998, c. 36, s. 32.

Not in force

CHAPTER II SOCIAL WELFARE PROGRAM

Not in force

DIVISION I ESTABLISHMENT

Not in force

59. A Social Welfare Program is hereby established. The purpose of the program is to grant last resort financial assistance to persons who, owing to age or a permanently or indefinitely limited capacity for employment and because they so choose, do not undertake a job entry or re-entry process.

1998, c. 36, s. 59.

Not in force

DIVISION II ELIGIBILITY

Not in force

60. Independent adults or families that meet the conditions set out in section 61 or 62 and establish that, according to the rules provided in Division IV of Chapter I, their resources fall short of the amount that is necessary to provide for their needs, according to the basic benefit applicable to them combined with the amount of any applicable adult or dependent children allowances or adjustments and of any applicable special benefits, are eligible under the program.

1998, c. 36, s. 60.

Not in force

61. A senior’s allowance, in the amount prescribed by regulation, shall be added to the basic benefit where the independent adult or an adult member of the family is 55 years of age or over.

1998, c. 36, s. 61.

Not in force

62. A permanently or indefinitely limited capacity for employment allowance, in the amount prescribed by regulation, shall be added to the basic benefit where the independent adult or an adult member of the family produces a medical report establishing that owing to a severely limited capacity for employment within the meaning of section 25, the person is unable to provide for himself or herself or for his or her family.

1998, c. 36, s. 62.

Not in force

63. An adult eligible under the program may elect to receive the benefit under the Employment-Assistance Program or under the Social Welfare Program.

A family shall receive the benefit under the Social Welfare Program if an adult member of the family has so elected.

1998, c. 36, s. 63.

Not in force

64. An adult may not receive concurrently a senior’s allowance and a permanently or indefinitely limited capacity for employment allowance. Nor may an adult who has elected to receive a benefit under the Social Welfare Program receive concurrently that benefit and financial assistance granted under Title I in the form of an employment-assistance allowance.

However, a mixed allowance, in the amount prescribed by regulation, shall be added to the basic benefit of a family where the two adult members of a family meet the conditions set out in section 24, 25, 61 or 62.

1998, c. 36, s. 64.

Not in force

65. The provisions of this Act relating to the Employment-Assistance Program, adapted as required, apply to the Social Welfare Program.

For the purposes of the Social Welfare Program, a senior’s allowance is deemed to be a temporarily limited capacity for employment allowance and a permanently or indefinitely limited capacity for employment allowance is deemed to be a severely limited capacity for employment allowance.

1998, c. 36, s. 65.

Not in force

66. The Minister may, by way of an agreement, delegate the administration of the Social Welfare Program to a body of the Gouvernement du Québec, subject to the conditions stipulated in the agreement.

1998, c. 36, s. 66.

Not in force

68. An adult who has at least one month of eligibility in a year and applies for a benefit under the program not later than 10 January of the following year is eligible under the program for the year.

A month of eligibility is a month during which the adult meets the following conditions:

(1)  be resident in Québec, except in the cases and subject to the conditions determined by regulation;

(2)  be legally authorized to remain in Canada or a Geneva Convention refugee recognized in Canada by the competent Canadian authorities;

(3)  not own property, valued according to the method prescribed by regulation, and liquid assets, within the meaning of the regulations, the value of which, combined with the value of the property and liquid assets of the adult’s spouse and dependent children, exceeds the amount prescribed by regulation;

(4)  perform remunerated work or receive benefits under section 22 or 23 of the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) or a maternity or parental leave allowance paid by the Minister; such benefits or allowances constitute work income for the purposes of this chapter;

(5)  earn, together with the earnings of the adult’s spouse, wages, salary or other remuneration, including gratuities, from an office or employment, an amount referred to in subparagraph 4 or income from a business calculated in accordance with the regulation, the total amount of which, excluding any amount that may be deducted in computing taxable income pursuant to paragraph e of section 725 of the Taxation Act (chapter I‐3), is greater than the amount determined by regulation.

In addition, the adult must, in the first month of eligibility in the year, be a member of a family that includes at least one dependent child.

In any subsequent month of that year, the adult is deemed to meet the condition set out in subparagraph 4 of the second paragraph if the condition is met by the person’s spouse.

1998, c. 36, s. 68.

Not in force

75. The amount of the benefit determined pursuant to section 73 shall be reduced by the sum of the following amounts:

(1)  the amount obtained by applying the percentage prescribed by regulation to that part of the total income of the adult’s family which exceeds the amount applicable to the adult according to the scale of needs prescribed by regulation;

(2)  the amount obtained by applying the percentage prescribed by regulation to that part of the aggregate of the amounts received in the year by the adult and the adult’s spouse as work income replacement which exceeds the aggregate of

(a)  the aggregate of the excluded amounts prescribed by regulation in respect of the adult and, where applicable, in respect of the adult’s spouse;

(b)  the benefits received by the family in the year under a last resort financial assistance program, up to the amount prescribed by regulation for the purposes of subparagraph 3 of the third paragraph of section 79;

(c)  the amount by which the amount applicable to the adult according to the scale of needs prescribed by regulation exceeds the net work income of the adult’s family.

The following amounts are considered to have been received as work income replacement:

(1)  benefits granted under a last resort financial assistance program that are considered for the purposes of the computation provided for in subparagraph c of the first paragraph of section 776.29 of the Taxation Act (chapter I‐3);

(2)  compensation received under the Automobile Insurance Act (chapter A‐25) that is considered for the purposes of the computation provided for in subparagraph c of the first paragraph of section 776.29 of the Taxation Act;

(3)  indemnities received under the Workmen’s Compensation Act (chapter A‐3) or the Act respecting industrial accidents and occupational diseases (chapter A‐3.001) that are considered for the purposes of the computation provided for in subparagraph c of the first paragraph of section 776.29 of the Taxation Act;

(4)  benefits received under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) other than benefits received under section 22 or 23 of that Act.

For the purposes of the second paragraph of section 82, the amount of the benefits referred to in subparagraph 1 of the second paragraph is the amount prescribed by regulation, and paragraph b of subparagraph 2 of the first paragraph does not apply.

1998, c. 36, s. 75.

Not in force

79. A person’s work income for a year is equal to the aggregate of the person’s income from a business, after deducting business losses, and the income from an office or employment, computed respectively in accordance with subparagraphs 2 and 1 of subparagraph i of subparagraph c of the first paragraph of section 776.29 of the Taxation Act (chapter I‐3), exclusive of such income that may be deducted in computing taxable income under paragraph e of section 725 of the said Act. Work income also includes any other amount referred to in subparagraph 4 of the second paragraph of section 68.

The net work income of an adult’s family for a year is equal to the amount by which the aggregate of the work income of the adult and the adult’s spouse exceeds the amount determined according to the scale of excluded work income prescribed by regulation.

The total income of an adult’s family for a year is equal to the amount by which the aggregate of the total income of the adult and of the adult’s spouse and dependent children, computed in accordance with subparagraph c of the first paragraph of section 776.29 of the Taxation Act, exceeds the aggregate of the following amounts:

(1)  the total income of the dependent children, exclusive of income referred to in subparagraph 2, up to an amount prescribed by regulation;

(2)  the income of the adult’s family that may be deducted in computing taxable income under paragraph e of section 725 of the Taxation Act;

(3)  the benefits granted to the family in the year under a last resort financial assistance program, up to an amount prescribed by regulation; and

(4)  the amount determined according to the scale of excluded work income prescribed by regulation.

For the purposes of the calculation of the total income of a family under the third paragraph, the amount of the benefits granted under a last resort financial assistance program is, for the purposes of the second paragraph of section 82, the amount prescribed by regulation.

1998, c. 36, s. 79.

Not in force

91. Each year, not later than the last day of February, the Minister shall transmit to and in the form determined by the Minister of Revenue, the following information for the preceding year in respect of every adult declared eligible under the program for that year:

(1)  the name, address, social insurance number and date of birth of the adult and, except for the address, of the adult’s spouse and dependent children;

(2)  the amount determined according to the scale referred to in section 73 which is applicable to the adult;

(3)  the quotient obtained by dividing the number of months of eligibility by the number of months worked by the adult in the year;

(4)  the total advance payments received by the adult or the adult’s spouse, distinguishing the portion attributable to the benefit from the portion attributable to the increase under section 74;

(5)  the aggregate of the excluded amounts determined by regulation in respect of the adult and, where applicable, of the adult’s spouse, for the purposes of paragraph a of subparagraph 2 of the first paragraph of section 75;

(6)  the amount of the increase in the benefit determined under section 77;

(7)  whether a benefit has been granted to the adult’s spouse;

(8)  for the purposes of section 80, any part of the year during which the adult no longer had a spouse;

(9)  the amount determined according to the scale of excluded work income;

(10)  the amount of the benefits granted under a last resort financial assistance program to be subtracted from the total income of the adult’s family under subparagraph 3 of the third paragraph of section 79 and also to be considered for the purposes of subparagraph b of subparagraph 2 of the first paragraph of section 75;

(11)  the amount of increase in the benefit determined by the Minister under section 96.

The Minister shall also inform the Minister of Revenue of any changes in such information.

The Minister shall transmit a copy of the information to the adult.

1998, c. 36, s. 91.

Not in force

96. Where the advance payments of the benefit exceed the amount of the benefit determined pursuant to section 92 and the Minister establishes that part of the advance payments constitutes an overpayment resulting from an administrative error that the adult could not reasonably have noticed, the benefit is increased by the amount of overpayment so established.

The first paragraph also applies, in the cases and subject to the conditions determined by regulation, where a change in circumstances occurs which affects the benefit. In that case, any overpayment prior to the date of the change is considered to be an administrative error that the adult could not reasonably have noticed.

An increase under this section may not operate to increase the benefit beyond the amount of the advance payments.

1998, c. 36, s. 96.

Not in force

157. For the purposes of the Social Welfare Program, the Government may make regulations determining the amounts of the senior’s allowance, the permanently or indefinitely limited capacity for employment allowance and the mixed allowance.

1998, c. 36, s. 157.

Not in force

158. For the purposes of the Parental Wage Assistance Program, the Government may make regulations

(1)  prescribing a method for determining the value of the property of an adult, the adult’s spouse and dependent children and prescribing, for the purposes of eligibility under the program, the maximum amount of the value of such property combined with the value of their liquid assets;

(2)  determining, for the purposes of subparagraph 5 of the second paragraph of section 68, a method for calculating income from a business;

(3)  determining the minimum amount of income an adult or the adult’s spouse must earn in a month for the month to be a month of eligibility;

(4)  prescribing, for the purposes of section 73 and the first paragraph of section 75, a scale of needs establishing yearly amounts, which may vary according to whether or not the family shares a dwelling unit;

(5)  prescribing percentages for the purposes of sections 73 and 75;

(6)  determining, in respect of an adult or the adult’s spouse, on the basis of the amounts received by each of them as work income replacement and described in the second paragraph of section 75, the amounts excluded for the purposes of subparagraph 2 of the first paragraph of that section;

(7)  prescribing the amount of benefits under a last resort financial assistance program for the purposes of the third paragraph of section 75 and the fourth paragraph of section 79;

(8)  prescribing, for the purposes of section 77, the calculation methods and the conditions according to which a benefit may be increased;

(9)  prescribing the scale of excluded work income for the purposes of the second paragraph of section 79;

(10)  prescribing the maximum amount of the income of a dependent child which may be subtracted from the total income of a family;

(11)  prescribing, for the purposes of subparagraph 3 of the third paragraph of section 79, the maximum amount to be subtracted from the total income of an adult’s family;

(12)  prescribing, for the purposes of section 82, the minimum amount of an adult’s estimated benefit for receipt of advance payments;

(13)  determining, for the purposes of section 82, the conditions under which advance payments may be made;

(14)  determining the cases in which and the conditions subject to which the second paragraph of section 96 applies.

Regulations respecting the application of the program made under section 155 and under the first paragraph of this section in the course of a year may prescribe that they have effect from the first day of the preceding year.

1998, c. 36, s. 158.

TITLE VI AMENDING PROVISIONS

CODE OF CIVIL PROCEDURE

176. (Amendment integrated into c. C-25, a. 827.5).

1998, c. 36, s. 176.

177. (Amendment integrated into c. C-25, a. 827.7).

1998, c. 36, a. 177.

Not in force

ACT RESPECTING THE RÉGIE DU LOGEMENT

Not in force

187. (Amendment integrated into c. R-8.1, ss. 31.1 and 31.2).

1998, c. 36, s. 187.

Not in force

188. Section 78 of the Act respecting the Régie du logement (chapter R‐8.1) is amended

(1)  by inserting, after the word “decide” in the first paragraph, the words “that a writing signed by an authorized person at the Ministère de l’Emploi et de la Solidarité sociale bears witness to the fact that a person is a recipient under a last resort financial assistance program and to the amount of the benefit granted and that the writing is accepted in lieu of the testimony of a representative of that department. Similarly, a commissioner may decide”;

(2)  by replacing the second paragraph by the following paragraph:

“However, a party may require the presence of the representative of the Ministère de l’Emploi et de la Solidarité sociale or of the inspector at the hearing ; however, if the board considers that the production of the writing or report would have sufficed, it may condemn that party to pay costs in the amount it fixes.”

1998, c. 36, s. 188; 2001, c. 44, s. 30.

ACT RESPECTING THE MINISTÈRE DE L’EMPLOI ET DE LA SOLIDARITÉ AND ESTABLISHING THE COMMISSION DES PARTENAIRES DU MARCHÉ DU TRAVAIL

203. (Amendment integrated into c. M-15.001, s. 21).

1998, c. 36, s. 203.

205. (Amendment integrated into c. M-15.001, s. 145).

1998, c. 36, s. 205.

TITLE VII TRANSITIONAL AND FINAL PROVISIONS

207. Until 1 October 1999, the following provisions of the Act respecting income security (chapter S‐3.1.1) are amended as follows:

(1)  (amendment integrated into c. S‐3.1.1, s. 8);

(2)  (amendment integrated into c. S-3.1.1, s. 13);

(3)  (amendment integrated into c. S-3.1.1, s. 65);

(4)  (amendment integrated into c. S-3.1.1, s. 65.1);

(5)  (amendment integrated into c. S-3.1.1, s. 91).

1998, c. 36, s. 207.

208. (Omitted).

1998, c. 36, s. 208.

Not in force

213. For the purposes of section 63, the Minister shall, within one year after (insert here the date of coming into force of section 63), allow an adult referred to in that section to make the election referred to in that section, which election is effective from the first day of the second month following the date it is made.

1998, c. 36, s. 213.

214. The amendment made to section 65.1 of the Act respecting income security (chapter S-3.1.1) by paragraph 4 of section 207 is declaratory.

1998, c. 36, s. 214.

215. Until the amendment or replacement of sections 48.2 and 49 of the Act respecting income security (chapter S‐3.1.1) or of sections 75 and 79 of this Act, the amounts determined under section 776.29 of the Taxation Act (chapter I‐3) shall be determined, for the purposes of those sections, according to the calculation rules prescribed by regulation. The last paragraph of section 91 of the Act respecting income security or the second paragraph of section 158 of this Act, as the case may be, applies to that regulation.

1998, c. 36, s. 215.

218. Any amount recoverable under the Social Aid Act (chapter A‐16) may be recovered under the Act respecting income security (chapter S‐3.1.1) and, subject to any act having interrupted or suspended the prescription period, prescription in respect of such an amount takes effect on 1 January 1999 whether or not the amount is the subject of a claim made under the Social Aid Act or the Act respecting income security. The prescription period applicable to any time before 1 January 1994 is 30 years and the prescription period is reduced to five years starting from that date.

Until 1 October 1999, sections 39 to 45 of the Act respecting income security apply to the recovery of an amount recoverable under the Social Aid Act.

This section applies notwithstanding any other provision and has effect from 1 August 1992, except as regards a recoverable amount which is the subject of a claim and in respect of which prescription was invoked in a writing sent to the Minister before 12 March 1998 or in respect of which a judicial proceeding is pending and prescription was invoked as a ground in writing before the latter date. If such is the case, the Minister shall terminate collection procedures in respect of the amount and reimburse to the debtor any amount collected since prescription was invoked by the debtor. The refund is an excluded amount for the purposes of sections 52 and 68 of the Regulation respecting income security (Order in Council 922-89 of 14 June 1989).

1998, c. 36, s. 218.

227. For the purposes of this Act and the Act respecting income security (chapter S‐3.1.1), the Minister may enter into an agreement with Revenue Canada for the collection of nominative information concerning families eligible for the national child benefit supplement.

Any such agreement must be submitted to the Commission d’accès à l’information for an opinion in accordance with the procedure set out in section 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1). After they are laid before the National Assembly, the agreement and the opinion shall be examined by the competent committee of the National Assembly.

Until 1 July 2000, this section applies notwithstanding section 64 of the Act respecting Access to documents held by public bodies and the Protection of personal information.

1998, c. 36, s. 227.

230. (Omitted).

1998, c. 36, s. 230.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), chapter 36 of the statutes of 1998, in force on 1 April 1999, is reealed, except sections 208 and 230, effective from the coming into force of chapter S-32.001 of the Revised Statutes.

Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1998, c. 36, s. 230).