A-16 - Social Aid Act

Section 31 Disposition versions

1984-06-20

31. In addition to the other regulatory powers assigned to it by this act, the Government, subject to the provisions of this act, may make regulations respecting:

(a)  the income which may be excluded in computing the deficit of a family or individual for the purposes of the carrying out of section 3, and the manner of establishing the value or amount of such income;

(b)  the value of the property owned by a family or individual beyond which such family or individual is excluded from social aid and the manner of establishing the amount thereof and the extent to which the property contemplated in section 23 is to be included in determining that value if the presumption of that section is not overturned;

(c)  the cases in which social aid may be furnished in money, in kind or in the form of services, loans or guarantees of repayment of a loan;

(d)  the costs relating to the habitation of a house or lodging which may be included among the ordinary needs of a family or individual in accordance with section 5;

(e)   the extent to which the ordinary needs of a family or individual may be met through social aid and the methods whereby such needs must be proven and appraised; in determining what the aid shall be, account may be taken of the age or capacity for work of an individual or of the members of a family having no dependent children, having had no children who are deceased, or the fact that a family or individual is living with a relative or a child;

(f)  the special needs that may be met by social aid, the extent to which they may be met, the methods whereby they are to be proven and appraised, and the conditions of eligibility for social aid with respect to special needs;

(g)  the cases in which the physical or mental disability of an individual or of an adult member of a family renders such individual or family eligible for social aid and the manner in which such disability is to be established;

(h)  the terms on which the requirements that may be embodied in any recovery plan proposed by the Minister to a family or individual in accordance with section 11 are to be established, including the requirements respecting the consolidation of the debts of such family or individual and the training and rehabilitation measures to apply to such family or individual;

(i)  the terms and conditions on which a family or individual may continue to receive social aid after recovering its or his means of subsistence, and the conditions on which such family or individual shall subsequently remain eligible for social aid;

(j)  the conditions on and the extent to which social aid may be refused, discontinued, suspended or reduced in the cases contemplated in section 12, taking into account the age, the capacity for work, whether an individual or a family is concerned or the fact that there already has been refusal or abandonment, without sufficient cause, of an employment that the adult could fill or continue to fill;

(k)  the circumstances in which a person ceases to be a member of a family when he is temporarily away from the family home;

(l)  (subparagraph repealed);

(m)  the conditions on which the Minister may designate a trustee to receive as such the sums of money or other things furnished to any person as social aid;

(n)  the form and tenor of the applications for social aid, the forms which the Minister may establish and prescribe and the information and proof to be furnished by any person applying therefor;

(o)  the terms of the payments of financial aid in money as social aid, the time when such payments are to commence and the frequency thereof;

(p)  the terms of the loans and of the guarantees thereof made as social aid, and the delay for repayment;

(q)  the notices to be given to any person applying for social aid in consequence of every decision rendered on such application, and the manner in which such person is to be notified of his recourses in review or in appeal;

(r)  the formalities of review and the conditions on which social aid is re-established pending a decision following an application for review;

(s)  the mode of repayment of social aid, the minimum amount of each payment claimed, the conditions on and the cases and circumstances in which the amount is increased and the time when the repayment begins;

(s.1)  the conditions on which interest is payable on a repayment, the rate of the interest and the amount to which it applies;

(s.2)  the cases and circumstances in which an individual or a family is exempt from the repayment of capital or interest;

(t)  the cases in which a person is deemed to be attending an educational institution;

(u)  the cases in which the Minister may recognize an educational institution for the purposes of this act;

(v)  the rules and terms and conditions applicable to Inuit and Indians;

(w)  the definition of the expressions “family home” for the purposes of this act;

(x)  the cases where a child shall be considered not to depend on an adult for his subsistence;

(y)  the cases where a child is considered to be dependent for his subsistence on an adult other than his father or mother;

(z)  the criteria according to which the Minister may conclude that a labour dispute may be considered to be ended;

(z.1)  the determination of the period contemplated in section 13.3.

Such regulations shall be published in the Gazette officielle du Québec and shall come into force on the date of such publication or on such later date as is fixed therein for such purpose.

1969, c. 63, s. 48; 1978, c. 71, s. 8; 1981, c. 12, s. 43; 1981, c. 25, s. 3; 1984, c. 27, s. 16.

1982-01-01

31. In addition to the other regulatory powers assigned to it by this act, the Government, subject to the provisions of this act, may make regulations respecting:

(a)  the income which may be excluded in computing the deficit of a family or individual for the purposes of the carrying out of section 3, and the manner of establishing the value or amount of such income;

(b)  the value of the property owned by a family or individual beyond which such family or individual is excluded from social aid and the manner of establishing the amount thereof and the extent to which the property contemplated in section 23 is to be included in determining that value if the presumption of that section is not overturned;

(c)  the cases in which social aid may be furnished in money, in kind or in the form of services, loans or guarantees of repayment of a loan;

(d)  the costs relating to the habitation of a house or lodging which may be included among the ordinary needs of a family or individual in accordance with section 5;

(e)   the extent to which the ordinary needs of a family or individual may be met through social aid and the methods whereby such needs must be proven and appraised; in determining what the aid shall be, account may be taken of the age or capacity for work of an individual or of the members of a family having no dependent children, having had no children who are deceased, or the fact that a family or individual is living with a relative or a child;

(f)  the special needs that may be met by social aid, the extent to which they may be met, the methods whereby they are to be proven and appraised, and the conditions of eligibility for social aid with respect to special needs;

(g)  the cases in which the physical or mental disability of an individual or of an adult member of a family renders such individual or family eligible for social aid and the manner in which such disability is to be established;

(h)  the terms on which the requirements that may be embodied in any recovery plan proposed by the Minister to a family or individual in accordance with section 11 are to be established, including the requirements respecting the consolidation of the debts of such family or individual and the training and rehabilitation measures to apply to such family or individual;

(i)  the terms and conditions on which a family or individual may continue to receive social aid after recovering its or his means of subsistence, and the conditions on which such family or individual shall subsequently remain eligible for social aid;

(j)  the conditions on and the extent to which social aid may be refused, discontinued, suspended or reduced in the cases contemplated in section 12, taking into account the age, the capacity for work, whether an individual or a family is concerned or the fact that there already has been refusal or abandonment, without sufficient cause, of an employment that the adult could fill or continue to fill;

(k)  the circumstances in which a person ceases to be a member of a family when he is temporarily away from the family home;

(l)  repealed;

(m)  the conditions on which the Minister may designate a trustee to receive as such the sums of money or other things furnished to any person as social aid;

(n)  the form and tenor of the applications for social aid, the forms which the Minister may establish and prescribe and the information and proof to be furnished by any person applying therefor;

(o)  the terms of the payments of financial aid in money as social aid, the time when such payments are to commence and the frequency thereof;

(p)  the terms of the loans and of the guarantees thereof made as social aid, and the delay for repayment;

(q)  the notices to be given to any person applying for social aid in consequence of every decision rendered on such application, and the manner in which such person is to be notified of his recourses in review or in appeal;

(r)  the formalities of review and the conditions on which social aid is re-established pending a decision following an application for review;

(s)  the mode of repayment of social aid, the minimum amount of each payment claimed, the conditions on and the cases and circumstances in which the amount is increased and the time when the repayment begins;

(s.1)  the conditions on which interest is payable on a repayment, the rate of the interest and the amount to which it applies;

(s.2)  the cases and circumstances in which an individual or a family is exempt from the repayment of capital or interest;

(t)  the cases in which a person is deemed to be attending an educational institution;

(u)  the cases in which the Minister may recognize an educational institution for the purposes of this act;

(v)  the rules and terms and conditions applicable to Eskimos and Indians;

(w)  the definition of the expressions “family home” for the purposes of this act.

Such regulations shall be published in the Gazette officielle du Québec and shall come into force on the date of such publication or on such later date as is fixed therein for such purpose.

1969, c. 63, s. 48; 1978, c. 71, s. 8; 1981, c. 12, s. 43; 1981, c. 25, s. 3.

1981-06-18

31. In addition to the other regulatory powers assigned to it by this act, the Government, subject to the provisions of this act, may make regulations respecting:

(a)  the income which may be excluded in computing the deficit of a family or individual for the purposes of the carrying out of section 3, and the manner of establishing the value or amount of such income;

(b)  the value of the property owned by a family or individual beyond which such family or individual is excluded from social aid and the manner of establishing the amount thereof and the extent to which the property contemplated in section 23 is to be included in determining that value if the presumption of that section is not overturned;

(c)  the cases in which social aid may be furnished in money, in kind or in the form of services, loans or guarantees of repayment of a loan;

(d)  the costs relating to the habitation of a house or lodging which may be included among the ordinary needs of a family or individual in accordance with section 5;

(e)   the extent to which the ordinary needs of a family or individual may be met through social aid and the methods whereby such needs must be proven and appraised; in determining what the aid shall be, account may be taken of the age or capacity for work of an individual or of the members of a family having no dependent children, having had no children who are deceased, or the fact that a family or individual is living with a relative or a child;

(f)  the special needs that may be met by social aid, the extent to which they may be met and the methods whereby they are to be proven and appraised;

(g)  the cases in which the physical or mental disability of an individual or of an adult member of a family renders such individual or family eligible for social aid and the manner in which such disability is to be established;

(h)  the terms on which the requirements that may be embodied in any recovery plan proposed by the Minister to a family or individual in accordance with section 11 are to be established, including the requirements respecting the consolidation of the debts of such family or individual and the training and rehabilitation measures to apply to such family or individual;

(i)  the terms and conditions on which a family or individual may continue to receive social aid after recovering its or his means of subsistence, and the conditions on which such family or individual shall subsequently remain eligible for social aid;

(j)  the conditions on and the extent to which social aid may be refused, discontinued, suspended or reduced in the cases contemplated in section 12, taking into account the age, the capacity for work, whether an individual or a family is concerned or the fact that there already has been refusal or abandonment, without sufficient cause, of an employment that the adult could fill or continue to fill;

(k)  the circumstances in which a person ceases to be a member of a family when he is temporarily away from the family home;

(l)  repealed;

(m)  the conditions on which the Minister may designate a trustee to receive as such the sums of money or other things furnished to any person as social aid;

(n)  the form and tenor of the applications for social aid, the forms which the Minister may establish and prescribe and the information and proof to be furnished by any person applying therefor;

(o)  the terms of the payments of financial aid in money as social aid, the time when such payments are to commence and the frequency thereof;

(p)  the terms of the loans and of the guarantees thereof made as social aid, and the delay for repayment;

(q)  the notices to be given to any person applying for social aid in consequence of every decision rendered on such application, and the manner in which such person is to be notified of his recourses in review or in appeal;

(r)  the formalities of review and the conditions on which social aid is re-established pending a decision following an application for review;

(s)  the mode of repayment of social aid, the minimum amount of each payment claimed, the conditions on and the cases and circumstances in which the amount is increased and the time when the repayment begins;

(s.1)  the conditions on which interest is payable on a repayment, the rate of the interest and the amount to which it applies;

(s.2)  the cases and circumstances in which an individual or a family is exempt from the repayment of capital or interest;

(t)  the cases in which a person is deemed to be attending an educational institution;

(u)  the cases in which the Minister may recognize an educational institution for the purposes of this act;

(v)  the rules and terms and conditions applicable to Eskimos and Indians;

(w)  the definition of the expressions “family home” for the purposes of this act.

Such regulations shall be published in the Gazette officielle du Québec and shall come into force on the date of such publication or on such later date as is fixed therein for such purpose.

1969, c. 63, s. 48; 1978, c. 71, s. 8; 1981, c. 12, s. 43.

Except with regard to cases pending on 30 November 1978, the amendment to subparagraph e of the first paragraph of section 31 of this act enacted by section 8 of chapter 71 of the statutes of 1978 has effect from 12 December 1969. (1978, c. 71, s. 9).

1979-01-29

31. In addition to the other regulatory powers assigned to it by this act, the Government, subject to the provisions of this act, may make regulations respecting:

(a)  the income which may be excluded in computing the deficit of a family or individual for the purposes of the carrying out of section 3, and the manner of establishing the value or amount of such income;

(b)  the value of the property available to a family or individual beyond which such family or individual is excluded from social aid, and the manner of determining the amount thereof;

(c)  the cases in which social aid may be furnished in money, in kind or in the form of services, loans or guarantees of repayment of a loan;

(d)  the costs relating to the habitation of a house or lodging which may be included among the ordinary needs of a family or individual in accordance with section 5;

(e)   the extent to which the ordinary needs of a family or individual may be met through social aid and the methods whereby such needs must be proven and appraised; in determining what the aid shall be, account may be taken of the age or capacity for work of an individual or of the members of a family having no dependent children, having had no children who are deceased, or the fact that a family or individual is living with a relative or a child;

(f)  the special needs that may be met by social aid, the extent to which they may be met and the methods whereby they are to be proven and appraised;

(g)  the cases in which the physical or mental disability of an individual or of an adult member of a family renders such individual or family eligible for social aid and the manner in which such disability is to be established;

(h)  the terms on which the requirements that may be embodied in any recovery plan proposed by the Minister to a family or individual in accordance with section 11 are to be established, including the requirements respecting the consolidation of the debts of such family or individual and the training and rehabilitation measures to apply to such family or individual;

(i)  the terms and conditions on which a family or individual may continue to receive social aid after recovering its or his means of subsistence, and the conditions on which such family or individual shall subsequently remain eligible for social aid;

(j)  the terms on which social aid may be refused, discontinued, suspended or reduced in the cases contemplated in section 12;

(k)  the circumstances in which a person ceases to be a member of a family when he is temporarily away from the family home;

(l)  repealed;

(m)  the conditions on which the Minister may designate a trustee to receive as such the sums of money or other things furnished to any person as social aid;

(n)  the form and tenor of the applications for social aid, the forms which the Minister may establish and prescribe and the information and proof to be furnished by any person applying therefor;

(o)  the terms of the payments of financial aid in money as social aid, the time when such payments are to commence and the frequency thereof;

(p)  the terms of the loans and of the guarantees thereof made as social aid, and the delay for repayment;

(q)  the notices to be given to any person applying for social aid in consequence of every decision rendered on such application, and the manner in which such person is to be notified of his recourses in review or in appeal;

(r)  the methods of reviewing the decisions rendered on applications for social aid;

(s)  the terms of the repayments which may be required under this act from any person who has received social aid;

(t)  the cases in which a person is deemed to be attending an educational institution;

(u)  the cases in which the Minister may recognize an educational institution for the purposes of this act;

(v)  the rules and terms and conditions applicable to Eskimos and Indians;

(w)  the definition of the expressions “family home” for the purposes of this act.

Such regulations shall be published in the Gazette officielle du Québec and shall come into force on the date of such publication or on such later date as is fixed therein for such purpose.

1969, c. 63, s. 48; 1978, c. 71, s. 8.

Except with regard to cases pending on 30 November 1978, the amendment to subparagraph e of the first paragraph of section 31 of this act enacted by section 8 of chapter 71 of the statutes of 1978 has effect from 12 December 1969. (1978, c. 71, s. 9).

1977-12-31

31. In addition to the other regulatory powers assigned to it by this act, the Gouvernement, subject to the provisions of this act, may make regulations respecting:

(a)  the income which may be excluded in computing the deficit of a family or individual for the purposes of the carrying out of section 3, and the manner of establishing the value or amount of such income;

(b)  the value of the property available to a family or individual beyond which such family or individual is excluded from social aid, and the manner of determining the amount thereof;

(c)  the cases in which social aid may be furnished in money, in kind or in the form of services, loans or guarantees of repayment of a loan;

(d)  the costs relating to the habitation of a house or lodging which may be included among the ordinary needs of a family or individual in accordance with section 5;

(e)  the extent to which the ordinary needs of a family or individual may be met through social aid and the methods whereby such needs must be proven and appraised;

(f)  the special needs that may be met by social aid, the extent to which they may be met and the methods whereby they are to be proven and appraised;

(g)  the cases in which the physical or mental disability of the head of a family or of an individual renders such family or individual eligible for social aid and the manner in which such disability is to be established;

(h)  the terms on which the requirements that may be embodied in any recovery plan proposed by the Minister to a family or individual in accordance with section 11 are to be established, including the requirements respecting the consolidation of the debts of such family or individual and the training and rehabilitation measures to apply to such family or individual;

(i)  the terms and conditions on which a family or individual may continue to receive social aid after recovering its or his means of subsistence, and the conditions on which such family or individual shall subsequently remain eligible for social aid;

(j)  the terms on which social aid may be refused, discontinued, suspended or reduced in the cases contemplated in section 12;

(k)  the circumstances in which a person ceases to be a member of a family when he is temporarily away from the family home;

(l)  the cases in which the Minister may recognize as the head of a family a member other than the member who habitually is the chief provider for the needs of such family;

(m)  the conditions on which the Minister may designate a trustee to receive as such the sums of money or other things furnished to any person as social aid;

(n)  the form and tenor of the applications for social aid, the forms which the Minister may establish and prescribe and the information and proof to be furnished by any person applying therefor;

(o)  the terms of the payments of financial aid in money as social aid, the time when such payments are to commence and the frequency thereof;

(p)  the terms of the loans and of the guarantees thereof made as social aid, and the delay for repayment;

(q)  the notices to be given to any person applying for social aid in consequence of every decision rendered on such application, and the manner in which such person is to be notified of his recourses in review or in appeal;

(r)  the methods of reviewing the decisions rendered on applications for social aid;

(s)  the terms of the repayments which may be required under this act from any person who has received social aid;

(t)  the cases in which a person is deemed to be attending an educational institution;

(u)  the cases in which the Minister may recognize an educational institution for the purposes of this act;

(v)  the rules and terms and conditions applicable to Eskimos and Indians;

(w)  the definition of the expressions “means of subsistence”, “regular employment” and “seasonal employment” for the purposes of this act.

Such regulations shall be published in the Gazette officielle du Québec and shall come into force on the date of such publication or on such later date as is fixed therein for such purpose.

1969, c. 63, s. 48.