S-3.1.1 - Act respecting income security

À jour au 24 septembre 1999

Ce document a valeur officielle.

chapter S-3.1.1

Act respecting income security

CHAPTER I OBJECT AND DEFINITIONS

DIVISION I OBJECT

1. Three programs hereinafter called “financial support program”, “work and employment incentives program” and “parental wage assistance program” are hereby established.

The purpose of the programs is

(1)  to grant last resort financial assistance to persons whose resources are insufficient to provide for their needs and the needs of their families;

(2)  to grant such assistance taking into account the fact that the situation of persons presenting severe limitations in their capacity for employment differs from that of persons who are fit for work;

(3)  to promote entry or re-entry on the labour market of persons who are fit for work and, concurrently, provide for persons already on the labour market or in a program of studies an incentive to remain on the labour market or in a program of studies;

(4)  to provide additional financial support to low-income families with dependent children if at least one adult member is on the labour market.

1988, c. 51, s. 1.

DIVISION II DEFINITIONS

2. The word “spouses” means

(1)  persons who are married to each other and who cohabit;

(2)  persons who live together as husband and wife and who are the mother and father of one and the same child;

(3)  persons of full age who live together as husband and wife and who, at one time, have cohabited for a period of not less than one year.

Such persons remain spouses or, for the purposes of subparagraph 3 of the first paragraph, are presumed to have continued to cohabit despite the temporary absence of one of them.

For the purposes of the parental wage assistance program, two persons who were spouses, at any time in that year, are deemed to be spouses for the year. Where an adult has more than one spouse during a year, the following rules apply:

(1)  the adult is deemed to have only one spouse during the year;

(2)  the person who is the spouse of the adult on the last day of the year or, if he does not have a spouse at that time, the last person who, in the year, was his spouse, is deemed to be the spouse of the adult during the year;

(3)  the adult is deemed not to be the spouse during the year of a person other than the person referred to in subparagraph 2.

1988, c. 51, s. 2; 1995, c. 1, s. 232.

3. Except in cases prescribed by regulation, a person is deemed to be a dependant of his father, his mother or, in cases prescribed by regulation, of another adult designated therein, if he is dependent on one of such persons for his subsistence and if he is

(1)  a minor child who is neither married nor the father or mother of a dependent child;

(2)  a child of full age who attends an educational institution, and who is neither the spouse of another person nor the father or mother of a dependent child.

For the purposes of the parental wage assistance program, a child who is a dependant in the first month of an adult’s eligibility in the year or any subsequent month of the same year is deemed to be a dependent child for that year.

1988, c. 51, s. 3.

4. An adult is a person who is not a dependent child.

1988, c. 51, s. 4.

5. A family is composed of

(1)  an adult and the children who are his dependants;

(2)  the spouses and the children who are their dependants or the dependants of either of them;

(3)  the spouses, where there are no dependent children.

Notwithstanding the first paragraph, a person shall continue to be, shall cease to be or shall become a member of a family in such circumstances as are prescribed by regulation, and an adult who is not eligible for benefits under the last resort assistance programs pursuant to any of paragraphs 1, 3 and 5 of section 7 is deemed, for the purposes of such programs, not to be a member of a family.

1988, c. 51, s. 5.

CHAPTER II LAST RESORT ASSISTANCE PROGRAMS

DIVISION I FINANCIAL SUPPORT PROGRAM

6. An independent adult and a family that includes an adult member are eligible for benefits under the financial support program provided the independent adult or the adult member of the family

(1)  proves, by producing a medical report, that his physical or mental condition is significantly defective or impaired and is likely to remain so permanently or indefinitely and, for that reason and in view of his socio-professional profile, he presents severe limitations in his capacity for employment preventing him from providing for his needs and those of his family;

(2)  proves that his resources and, where applicable, those of his family are less than what is necessary to provide for his needs and those of his family, according to the scale of needs for adults prescribed by regulation, increased, where applicable, by the amount of the additional amounts for dependent children, in the cases and on the conditions prescribed by regulation, and also by the amount of the special benefits provided for in section 9 and prescribed by regulation.

1988, c. 51, s. 6; 1997, c. 57, s. 47.

7. The following persons are not eligible for benefits under the financial support program:

(1)  an adult who is not a resident of Québec or who is not legally authorized to reside in Canada;

(2)  an adult who attends, within the meaning of the regulation and otherwise than within the scope of a measure provided for by the Minister in section 23, an educational institution providing vocational instruction at the secondary level or instruction at the college or university level and a family that includes such an adult;

(3)  an adult who is a member of a religious community which has the means to provide for the needs of its members;

(4)  an independent adult who is a minor;

(5)  an adult who is incarcerated in a penitentiary or detained in a house of detention or any other prison, or who is required to reside in a half-way house, except in the cases prescribed by regulation;

(6)  an adult or a family with liquid assets, within the meaning of the regulation, the amount of which exceeds, on the date of the application, the amount determined by regulation. In such a case, the adult or the family are ineligible from the date of the application until the last day of the month.

1988, c. 51, s. 7; 1995, c. 69, s. 1; 1997, c. 57, s. 48.

8. The benefits granted to an independent adult or to a family shall be established, for each month, on the basis of his or its situation on the last day of the preceding month. The benefits shall be equal to the deficit existing between the resources and the needs, and computed

(1)  by determining the amount applicable according to the prescribed scale of needs for adults and adding to it, where applicable, the amount of the additional amounts for dependent children and the amount of the special benefits;

(1.1)  by subtracting from the amount of the additional amounts for dependent children determined by regulation, the family allowances received by the family for that month under the Act respecting family benefits (chapter P-19.1) and the amount received for that month as a national child benefit supplement, determined under C of the formula appearing in subsection 1 of section 122.61 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(2)  by subtracting from the amount obtained under subparagraphs 1 and 1.1 the following amounts, except where they are excluded by regulation:

(a)  the income from work and from property earned, in the preceding month, by the independent adult or by the members of the family, and any earnings or other pecuniary benefits of any nature realized by him or them, except those to be subtracted under subparagraph 1.1 and under paragraph b;

(b)  the benefits to be realized, in the period prescribed by regulation, to which the independent adult or the adult members of the family is or are entitled, by reason of an interruption of work, under the Unemployment Insurance Act (Revised Statutes of Canada, 1985, chapter U-1);

(c)  until such time as the independent adult or the adult members of the family could be declared eligible for benefits under the said Act, any work income that the independent adult or the adult members of the family who has or have lost his or their employment by reason of an interruption of work due to a labour dispute and who, for that reason, could not be or has or have not been declared eligible for unemployment benefits would otherwise have earned in the preceding month;

(d)  the liquid assets, within the meaning of the regulation, owned by the independent adult or the members of the family on the last day of the preceding month;

(e)  the amount obtained by applying the percentage determined by regulation to the value of the property owned by the independent adult or the members of a family on the last day of the preceding month, assessed in accordance with the method prescribed by regulation, but excluding the property which cannot be alienated by reason of a legal impediment outside the control of the beneficiary.

The benefits shall be granted from the month following the month of the application. However, the benefits may be granted for the month in which the application is made and shall, in that case, be established according to the method prescribed by regulation.

1988, c. 51, s. 8; 1997, c. 57, s. 49; 1998, c. 36, s. 207.

9. Dental and pharmaceutical services provided for in sections 70 and 71.1 of the Health Insurance Act (chapter A-29) are granted as special benefits.

1988, c. 51, s. 9.

10. The Minister of Employment and Solidarity may, at the request of an independent adult or of an adult member of a family, propose to him one of the measures provided for in section 23.

If the adult avails himself of such a measure, the Acts listed in section 24 do not apply to him; if he meets the required conditions, his benefits shall be increased by an amount prescribed by regulation.

1988, c. 51, s. 10; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1997, c. 63, s. 128.

DIVISION II WORK AND EMPLOYMENT INCENTIVES PROGRAM

11. An independent adult and a family who or which proves that his or its resources are less than the amount necessary to provide for his or its needs, according to the scale of needs for adults prescribed by regulation and increased, where applicable, by the amount of the additional amounts for dependent children, in the cases and on the conditions prescribed by regulation, and by the amount of the special benefits provided for in section 21 and prescribed by regulation, are eligible for benefits under the work and employment incentives program.

1988, c. 51, s. 11; 1997, c. 57, s. 50.

12. Adults and families who or which are not eligible for benefits under the financial support program pursuant to section 7 are not eligible for benefits under the work and employment incentives program.

1988, c. 51, s. 12.

13. The benefits granted to an independent adult or to a family shall be established, for each month, on the basis of his or its situation on the last day of the preceding month. The benefits shall be equal to the deficit existing between the resources and the needs, and computed

(1)  by determining the amount applicable according to the prescribed scale of needs for adults and adding to it, where applicable, the amount of the additional amounts for dependent children and the amount of the special benefits;

(1.1)  by subtracting from the amount of the additional amounts for dependent children determined by regulation, the family allowances received by the family for that month under the Act respecting family benefits (chapter P-19.1) and the amount received for that month as a national child benefit supplement, determined under C of the formula appearing in subsection 1 of section 122.61 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(2)  by subtracting from the amount obtained under subparagraphs 1 and 1.1 the following amounts, except where they are excluded by regulation:

(a)  the income from work and from property earned, in the preceding month, by the independent adult or by the members of the family, and any earnings or other pecuniary benefits of any nature realized by him or them, except those to be subtracted under subparagraph 1.1 and under paragraph b;

(b)  the benefits to be realized, in the period prescribed by regulation, to which the independent adult or the adult members of the family is or are entitled, by reason of an interruption of work, under the Unemployment Insurance Act (Revised Statutes of Canada, 1985, chapter U-1);

(c)  until such time as the independent adult or the adult members of the family could be declared eligible for benefits under the said Act, the work income that the independent adult or the adult members of the family who has or have lost his or their employment by reason of an interruption of work due to a labour dispute and who, for that reason, could not be or has or have not been declared eligible for unemployment benefits would otherwise have earned in the preceding month;

(d)  the liquid assets, within the meaning of the regulation, owned by the independent adult or the members of the family on the last day of the preceding month;

(e)  the amount obtained by applying the percentage determined by regulation to the value of the property owned by the independent adult or the members of the family on the last day of the preceding month, assessed in accordance with the method prescribed by regulation, but excluding the property which cannot be alienated by reason of a legal impediment outside the control of the beneficiary;

(f)  the amount determined according to the method prescribed by regulation where an independent adult or a family shares a dwelling with another person;

(g)  the amount determined as parental contribution, according to the method prescribed by regulation, for the three years following the first of the following dates:

 — the date on which the adult who is deemed to receive parental contribution has received his first benefits under a last resort assistance program;

 — the date on which the adult would have been declared eligible but for the net incomes of his father and mother taken into account in determining the contribution.

The benefits shall be granted from the month following the month of the application. However, the benefits may be granted for the month in which the application is made and shall, in that case, be established according to the method prescribed by regulation.

1988, c. 51, s. 13; 1997, c. 57, s. 51; 1998, c. 36, s. 207.

14. An adult is deemed to receive parental contribution except if

(1)  he has provided for his own needs and resided elsewhere than at the place of residence of his father or mother for at least two years, excluding any period during which he attended an educational institution on a full-time basis;

(2)  he has, for at least two years, held remunerated full-time employment or received, for such employment, benefits under the Unemployment Insurance Act (Revised Statutes of Canada, 1985, chapter U-1);

(3)  he is or was married;

(4)  he has been living with another person as husband and wife and has, at one time, cohabited with that person for a period of not less than one year;

(5)  he has or has had a dependent child;

(6)  he holds a bachelor’s degree from a university;

(7)  she is in her twentieth week of pregnancy and her condition has been attested by a medical certificate or by a written report signed by a midwife. The report must indicate the name and date of birth of the adult, the number of weeks of pregnancy and the expected date of delivery.

However, an adult who establishes that his father and mother cannot be traced or that they have persistently refused to contribute to providing for his needs is not deemed to be receiving parental contribution.

1988, c. 51, s. 14; 1995, c. 69, s. 3; 1999, c. 24, s. 23.

15. The following scales are established:

(1)  a scale based on unavailability;

(2)  (paragraph repealed);

(3)  a scale based on participation;

(4)  a scale based on non-participation;

(5)  a mixed scale.

1988, c. 51, s. 15; 1995, c. 69, s. 4.

16. The scale based on unavailability applies where an independent adult or an adult member of a family

(1)  proves, by producing a medical report, that his physical or mental condition prevents him from availing himself, for a period of at least one month, of a measure thay may be proposed to him under section 23;

(2)  applies therefor by reason of pregnancy, from the twentieth week, as attested by a medical certificate, until the fifth week after delivery; the medical certificate may be replaced by a written report attesting the pregnancy, signed by a midwife and indicating the name and date of birth of the adult, the number of weeks of pregnancy and the expected or actual date of delivery;

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

(4)  is 55 years of age or over and applies therefor;

(5)  shares a dwelling unit with a person whose autonomy is significantly reduced by reason of a physical or mental condition requiring constant care by the adult.

The scale applies also in the cases prescribed by regulation.

1988, c. 51, s. 16; 1990, c. 31, s. 1; 1995, c. 69, s. 5; 1996, c. 78, s. 1; 1999, c. 24, s. 24.

17. (Repealed).

1988, c. 51, s. 17; 1995, c. 69, s. 6.

18. The scale based on participation applies where an adult avails himself of a measure proposed under section 23.

1988, c. 51, s. 18.

19. The scale based on non-participation applies where none of the scales provided for in sections 16 and 18 applies.

1988, c. 51, s. 19; 1995, c. 69, s. 7.

20. The mixed scale applies where different scales would apply if the spouses were not considered spouses.

1988, c. 51, s. 20.

21. Dental and pharmaceutical services provided for in sections 70 and 71.1 of the Health Insurance Act (chapter A-29) are granted as special benefits.

1988, c. 51, s. 21.

22. The Minister shall assess the situation of the independent adult or of the adult member of a family and he may offer him information or counselling services.

The Minister may also propose to that adult a course of action for entry or re-entry on the labour market; in that case, the Minister may reimburse him for certain of the expenses occasioned by the steps prescribed in the course of action.

1988, c. 51, s. 22.

23. The Minister may also propose to the adult that, as part of a course of action, he avail himself of a temporary measure, such as job support, training or community services.

1988, c. 51, s. 23.

24. The Minister may, in respect of certain measures, enter into an agreement in writing with the participant and, if applicable, with the person for whom the work is performed; in the agreement, the Minister may include conditions of employment and may require the person for whom the work is performed to consult with the association of employees legally recognized to represent the members of the bargaining unit concerned before the date of employment of the participant.

The Labour Code (chapter C-27), the Act respecting collective agreement decrees (chapter D-2), the Public Service Act (chapter F-3.1.1) and the Act respecting labour standards (chapter N-1.1) do not apply to an adult who performs work within the scope of a measure proposed under section 23.

1988, c. 51, s. 24.

DIVISION III GENERAL PROVISIONS

25. The Minister may grant benefits to an independent adult or to a family not eligible for benefits under a program for any reason other than that provided for in paragraph 2 of section 7, or who or which, although eligible, would not be entitled to such benefits, if he is of the opinion that, without the benefits, the adult or the members of such family would be in a situation that could endanger his or their health or safety or lead to complete destitution. Notwithstanding subparagraph 4 of the first paragraph of section 57 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the name and address of a person who is granted such benefits is not public information.

He may also, in such circumstances and according to such conditions as are prescribed by regulation, grant benefits to a beneficiary who ceases to be eligible for benefits under a program to allow the independent adult or adult members of the family to achieve entry or re-entry on the labour market.

The Minister shall include a statement of the benefits granted under the first paragraph and the grounds on which payment thereof is based in the annual report he is required to produce under section 15 of the Act respecting the Ministère de l’Emploi et de la Solidarité and establishing the Commission des partenaires du marché du travail (chapter M-15.001).

1988, c. 51, s. 25; 1990, c. 11, s. 59; 1990, c. 57, s. 45; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1997, c. 63, s. 124.

26. Benefits shall be paid on a monthly basis in accordance with the terms and conditions prescribed by regulation.

They are paid to the spouses jointly or, at their request, to one of them.

1988, c. 51, s. 26.

27. Where independent adults or the adult members of the family are unable, due to particular circumstances or in view of their past conduct in the administration of their property, to administer the benefits granted to them, the Minister may pay the benefits to a person or body he designates.

The person or body shall administer the benefits in accordance with the rules established by regulation and make a report thereon to the Minister on the form prescribed.

1988, c. 51, s. 27.

DIVISION IV OBLIGATIONS

28. An adult who is fit to hold employment and to whom sections 16 and 18 do not apply must take such steps as are appropriate in his situation in order to find a remunerated employment or follow the instructions that may be given by the Minister for that purpose.

1988, c. 51, s. 28.

29. An adult who is fit to hold employment shall not, without valid reason, refuse or abandon an employment or lose an employment by his fault so as to become eligible or, as the case may be, render his family eligible for benefits under a program, or so that he or his family be granted greater benefits than those which would otherwise be granted to him or to his family.

1988, c. 51, s. 29.

30. Independent adults and the members of a family must exercise their rights or avail themselves of the benefit to which they are entitled under another Act where the exercise of such rights or the realization of such benefit would affect their eligibility for benefits under a program or would reduce the amount thereof.

In the case of an adult who is not deemed to receive parental contribution under the second paragraph of section 14, the Minister is subrogated by operation of law in the rights of the adult in proceedings to fix or vary support payments, unless the adult has elected to exercise his remedy for support; the Minister may also exercise the rights of any other creditor for the purpose of fixing or varying support payments if he is of the opinion that the exercise of such rights is endangered by the situation of the creditor.

1988, c. 51, s. 30.

31. The creditor of support must, where he or, as the case may be, his family applies for or receives benefits, promptly inform the Minister of any judicial proceedings brought in respect of such support.

In any proceeding for fixing, varying or cancelling support payments, the court may, of its own initiative, implead the Minister, or the Minister may, of his own initiative and without notice, intervene at any time and take part in the inquiry and hearing.

No agreement between the parties to fix, vary or cancel support payments may be set up against the Minister.

1988, c. 51, s. 31.

32. In the two years preceding an application for or the payment of benefits, independent adults or adult members of a family must not have waived their rights, must not have disposed of property or of liquid assets without just cause or have squandered them so as to become eligible or render their family eligible for benefits under a program or so as to be granted greater benefits than those which would otherwise have been granted to them.

1988, c. 51, s. 32.

33. In the case of contravention of any provision of sections 28, 29, the first paragraph of sections 30 and 31 and section 32, the Minister may refuse to grant an application, reduce the benefits of an independent adult or of a family or cease to pay such benefits.

In cases prescribed by regulation, the Minister shall impose the measure prescribed therein.

The decision of the Minister must be in writing and include the reasons on which it is based and be transmitted to the adults concerned.

1988, c. 51, s. 33.

DIVISION V RECOVERY OF BENEFITS

34. The following amounts, except the sums determined by regulation, shall be reimbursed to the Minister:

(1)  any amount of benefits a person or, as the case may be, his family has unduly received, except where it has been paid by reason of an administrative error that the person could not reasonably have noticed;

(2)  as soon as a legal impediment to the alienation of a property ceases, the amount of benefits that would not have been paid to the person or to his family if the property had been considered in computing the amount of the benefits;

(3)  the amount of benefits granted under this Act when the person or a member of his family has been declared ineligible for allowances or benefits under another Act in force in Québec or elsewhere for a reason similar to those set out in section 28 or 29, up to the amount that would have been payable, but for such a reason, under another Act, and as soon as the ineligibility ceases;

(4)  the amount of benefits granted under this Act when allowances or benefits granted to the person or to his family under another Act in force in Québec or elsewhere had been reduced to compensate an overpayment, or as a penalty, up to the amount of the reductions, and as soon as such reductions cease.

1988, c. 51, s. 34.

35. Except the sums determined by regulation, every person shall reimburse to the Minister the amount of benefits granted following an event giving rise to the exercise, by the person or his dependent child, of a right, through judicial proceedings or by any other means, whether or not the right is a personal right, and whether or not benefits had been granted to the person or his family at the time of the event.

Interest shall be added to the amount of the realized right, in the cases and subject to the terms and conditions prescribed by regulation, and shall form part of the amount of benefits to be reimbursed to the Minister.

The amount of the reimbursement is exigible from the realization and up to the value of the right and of the interest, if any, and is established by applying the rules of computation of resources set out in section 8 or 13.

1988, c. 51, s. 35; 1996, c. 78, s. 2.

35.1. Every person having subscribed an undertaking under the Act respecting immigration to Québec (chapter I-0.2) whereby he promised to help a foreign national and the dependants, if any, who accompany the foreign national, to settle in Québec, must reimburse the amount of the benefits granted to the foreign national and to those dependants during the period covered by the undertaking, where the undertaking so provides. The sums involved are recoverable by the Minister in accordance with the provisions of this division.

1995, c. 69, s. 9.

36. The recovery of a sum due is prescribed by five years from the date it becomes exigible. In the event of bad faith, it is prescribed by five years from the date on which the Minister became aware of the fact that the sum was exigible, but not later than 15 years after the date it became exigible.

1988, c. 51, s. 36; 1995, c. 69, s. 10.

37. Spouses shall be severally liable for the reimbursement of benefits unduly paid to their family unless either spouse proves that the ground giving rise to the claim is an act or omission of the other spouse and that he could not reasonably have been aware of it. Spouses shall also be severally liable for the reimbursement of any sum due under paragraphs 2 to 4 of section 34.

The spouse of a person to whom benefits payable to an independent adult or to an adult who is the sole adult of a family have been unduly paid shall be severally liable for the reimbursement of the benefits unless he proves that he could not reasonably have known that his spouse was receiving the benefits or that he did not receive the notice provided for in section 41.

1988, c. 51, s. 37.

38. A sum due under section 35 shall be exigible only from the creditor of the right realized or from the adult having charge of the child who is the creditor thereof.

1988, c. 51, s. 38.

39. Where the claim of a person is a support payment determined by judgment, the Minister is subrogated by operation of law in the rights of the creditor for all payments of support which are due at the time the person or his family becomes eligible for benefits and for all payments which will become due during the period for which the benefits were granted.

To exercise such subrogation, the Minister shall notify the Minister of Revenue and provide to him the information required for the purposes of the Act to facilitate the payment of support (chapter P-2.2).

The Minister shall give the creditor the amount by which the sums collected exceed the amount recoverable under section 35.

In the cases and subject to the conditions determined by regulation, the debtor of support is liable for the payment of costs in the amount fixed and according to the terms fixed by regulation.

1988, c. 51, s. 39; 1995, c. 18, s. 96; 1996, c. 78, s. 3.

40. In the case of a claim under section 35, except support payments determined by judgment, the debtor of a person who has received or is receiving benefits for himself or his family, and every person who may become the debtor of such a person shall remit to the Minister, upon written notice of the latter, the amount due up to the amount recoverable under the said section.

Any amount so remitted is deemed to be a payment validly made to the creditor; if the debtor fails to remit such amount, he shall be required to pay an equivalent amount to the Minister.

1988, c. 51, s. 40.

41. The Minister shall send a formal notice to the debtor of recoverable benefits, indicating therein the amount and the reasons for which the debt is exigible and the debtor’s right to apply for a review of such decision.

A formal notice under this section interrupts the prescription.

1988, c. 51, s. 41.

42. The debtor shall reimburse any amount due within the periods and according to the terms and conditions prescribed by regulation, unless otherwise agreed upon between him and the Minister.

The debtor is liable for the payment of interest in the cases determined by regulation, at the rate fixed therein. The interest is capitalized monthly where a person owes an amount after making a statement containing false information or transmitting a document containing false information so as to render himself or his family eligible for benefits under a last resort assistance program or so as to receive, or cause his family to receive, benefits greater than the benefits which would otherwise have been granted to him or to his family.

The debtor is also liable for the payment of a recovery charge, in the cases determined and in the amount fixed by regulation.

The Minister may, subject to the conditions he determines, cancel or reduce the interest computed for a given period on a recoverable amount or allow the debtor to reimburse a lesser monthly amount than the amount prescribed by regulation, if the Minister is of the opinion that the latter could endanger the health or safety of the debtor or lead to complete destitution.

1988, c. 51, s. 42; 1995, c. 69, s. 11; 1996, c. 78, s. 4.

43. Where the debt is not paid in full, the Minister may, at the expiry of the time prescribed for applying for a review of the decision requiring payment or for contesting the review decision before the Administrative Tribunal of Québec or, as the case may be, at the expiry of 30 days after a decision of that tribunal confirming all or part of the Minister’s decision, issue a certificate setting out the surname, given name and address of the debtor and the amount of the debt.

1988, c. 51, s. 43; 1997, c. 43, s. 689.

44. After issuing such a certificate, the Minister may effect compensation up to the monthly amount fixed by regulation in respect of any benefits granted to the debtor or, as the case may be, to his family, unless the debtor authorizes the Minister to effect compensation for a greater amount.

The debt may also be compensated out of a reimbursement due to the debtor by the Minister of Revenue in accordance with section 31 of the Act respecting the Ministère du Revenu (chapter M-31).

1988, c. 51, s. 44.

45. Upon the deposit of a certificate, accompanied with a copy of the final decision establishing the debt, at the office of the competent court, the decision becomes executory as in the case of a final judgment, not subject to appeal, of that court, and has all the effects of such a judgment.

1988, c. 51, s. 45.

CHAPTER III PARENTAL WAGE ASSISTANCE PROGRAM

DIVISION I ELIGIBILITY

46. An adult who has at least one month of eligibility in a year and applies for benefits under the parental wage assistance program not later than 10 January of the following year is eligible for benefits under the said program for the year.

A month of eligibility for an adult is a month during which he meets the following requirements:

(1)  he is legally authorized to reside in Canada and is a resident of Québec;

(2)  he does not own property, assessed in accordance with the method prescribed by regulation, or liquid assets, within the meaning of the regulation, the value of which, combined with the value of the property and liquid assets of his spouse and of dependent children, exceeds the amount determined by regulation;

(3)  he works and is remunerated for his work;

(4)  he, together with his spouse, earns as wages, salary or any other remuneration including gratuities from an office or employment or income from a business computed in accordance with the regulation, the total of which, excluding income that may be deducted in computing taxable income under paragraph e of section 725 of the Taxation Act (chapter I-3), is greater than the amount determined by regulation;

(5)  (subparagraph repealed).

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 the month following the first month of eligibility in the year, the adult is deemed to meet the requirement set out in subparagraph 3 of the second paragraph if the requirement is met by his spouse.

1988, c. 51, s. 46; 1990, c. 31, s. 2; 1991, c. 71, s. 1; 1997, c. 85, s. 413.

47. The spouse of an adult who has been declared eligible for benefits under the program is, if he also becomes eligible for benefits under the program in the same year, deemed to be eligible from the same date as his spouse.

1988, c. 51, s. 47.

DIVISION II COMPUTATION OF BENEFITS

48. The benefits granted to an adult for a year shall, subject to this division, be equal to the amount obtained by applying the percentage fixed by regulation to the net work income of the family where the income is less than or equal to the amount applicable to the adult according to the scale of family needs prescribed by regulation or to the amount prescribed by the scale where the net work income of the family exceeds such amount.

1988, c. 51, s. 48; 1990, c. 31, s. 3; 1991, c. 71, s. 2.

48.1. Where an adult eligible for benefits under the program or his spouse incurs, for the year, child care expenses that qualify for the child care expense credit provided for in sections 1029.8.67 to 1029.8.81 of the Taxation Act (chapter I-3), and where he or his spouse is, in respect of the expenses, deemed to have paid an amount for that year under section 1029.8.79 of that Act as partial payment of his tax payable under Parts I and I.2 of that Act, the amount of benefits determined under section 48 is, for the purposes of the second paragraph of section 52, increased by the amount deemed to have been paid.

In such case, where sections 48.2 and 48.3 refer to the amount of benefits, the amount is, for the purposes of the second paragraph of section 52, the amount increased pursuant to the first paragraph.

1991, c. 71, s. 2; 1995, c. 1, s. 233; 1997, c. 14, s. 324; 1997, c. 57, s. 52.

48.2. The amount of benefits determined under section 48 shall be reduced by the sum of the following amounts:

(1)  the amount obtained by applying the percentage fixed 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 family needs prescribed by regulation;

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

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

(b)  the last resort assistance benefits received by the family in the year up to the amount determined by regulation for the purposes of subparagraph 4 of the third paragraph of section 49;

(c)  the amount by which the amount applicable to the adult according to the scale of family 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)  last resort assistance benefits 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)  unemployment insurance benefits received under the Unemployment Insurance Act (Revised Statutes of Canada, 1985, chapter U-1).

The amount of last resort assistance benefits referred to in subparagraph 1 of the second paragraph is, for the purposes of the second paragraph of section 52, the amount fixed by regulation and paragraph b of subparagraph 2 of the first paragraph does not apply.

1991, c. 71, s. 2; 1993, c. 64, s. 237; 1995, c. 1, s. 234; 1995, c. 69, s. 12; 1997, c. 58, s. 53.

48.3. The amount of benefits determined under sections 48 and 48.2 shall be multiplied by the quotient obtained after dividing the number of months of eligibility of the adult in the year by the number of months of work of the adult in the same year.

A month of work is a month during which an adult meets the eligibility requirement prescribed in subparagraph 4 of the second paragraph of section 46.

1991, c. 71, s. 2; 1995, c. 1, s. 235.

48.4. (Repealed).

1991, c. 71, s. 2; 1997, c. 57, s. 53.

48.5. Where an adult eligible for benefits under the program or his spouse is required to pay the contribution fixed under the Act respecting childcare centres and childcare services (chapter C-8.2) to which section 48.1 does not apply, the amount of the benefit established pursuant to the preceding provisions shall be increased in accordance with the methods and criteria prescribed by regulation.

1997, c. 58, s. 54.

48.6. The sum of the amounts obtained pursuant to the preceding provisions may not be less than zero.

1997, c. 58, s. 54.

49. A person’s work income for a year is equal to the aggregate of income from a business, after deducting business losses, and income from an office or employment, computed respectively under 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), excluding any such income that may be deducted in computing taxable income under paragraph e of section 725 of that Act.

The net work income of an adult’s family for a year is equal to the amount by which the aggregate of the work incomes of the adult and his spouse exceeds the amount determined under the scale of excluded work incomes 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 incomes of the adult, his spouse and his 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 dependent children, excluding income under subparagraph 3, up to an amount determined by regulation;

(2)  (subparagraph repealed);

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

(4)  the last resort assistance benefits received by the family in the year, up to an amount determined by regulation;

(5)  any amount determined under the scale of excluded work incomes prescribed by regulation.

For the purposes of the computation of the total income of the family under the third paragraph, the amount of last resort assistance benefits is, for the purposes of the second paragraph of section 52, the amount fixed by regulation.

1988, c. 51, s. 49; 1988, c. 51, s. 49; 1989, c. 77, s. 113; 1990, c. 31, s. 4; 1991, c. 71, s. 3; 1993, c. 64, s. 238; 1995, c. 1, s. 236; 1995, c. 63, s. 295; 1995, c. 69, s. 13; 1997, c. 57, s. 54; 1997, c. 85, s. 414.

50. If, in a year, the spouse of an adult has ceased to be the spouse of that adult on 31 December of the same year, only that part of the following amounts, in respect of his spouse, that can reasonably be attributed to the period of the year during which the adult had a spouse shall be taken into account in the computation of the benefits of the adult for the year:

(1)  the work income;

(2)  the total income;

(3)  the amounts received as work income replacement;

(4)  the excluded amounts determined by regulation and referred to in subparagraph a of subparagraph 2 of the first paragraph of section 48.2.

1988, c. 51, s. 50; 1991, c. 71, s. 4; 1993, c. 64, s. 239; 1995, c. 69, s. 14.

51. Where benefits are granted for a year to each spouse, such benefits shall be equal to one-half of the amount obtained under sections 48, 48.2, 48.3 and 48.5.

If the spouse of the adult, for a year, is no longer his spouse on 31 December of that year, the calculation prescribed in the first paragraph shall, for the purposes of section 48.5, apply only with respect to the period of the year during which he had a spouse.

1988, c. 51, s. 51; 1991, c. 71, s. 5; 1995, c. 1, s. 237; 1997, c. 57, s. 55; 1997, c. 58, s. 55.

DIVISION III PAYMENT OF BENEFITS

52. The yearly benefits shall be paid by the Minister of Revenue at the same time as he transmits to the adult a notice determining the amount to which he is entitled.

However, the Minister of Employment and Solidarity may, on the terms and conditions prescribed by regulation, make advance monthly payments of benefits if the benefits estimated on the basis of information furnished by the adult for the purposes of sections 62 and 65 exceed the minimum amount determined by regulation. The payments, other than the portion thereof attributable to the amount of increase determined under section 48.1, constitute advances on the yearly benefits provided for in the first paragraph.

1988, c. 51, s. 52; 1991, c. 71, s. 6; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1995, c. 1, s. 238; 1997, c. 63, s. 128.

53. Where advance payments are granted to both spouses, they shall be paid to them jointly or, at their request, to one of them. Each spouse is deemed to have received one-half of the advance payments.

1988, c. 51, s. 53; 1995, c. 1, s. 239.

54. (Repealed).

1988, c. 51, s. 54; 1995, c. 1, s. 240.

55. The amount of an advance payment of benefits due to an adult may be allocated, to the extent prescribed by regulation, to the payment of any amount owed by him under this Act.

In that case, the Minister shall send him a detailed statement of the allocated sums and pay to him the balance of the advance payment, if any.

The advance payment allocated to the payment of the debt is deemed to have been received by the adult on the date of the statement.

1988, c. 51, s. 55; 1995, c. 1, s. 241.

DIVISION IV ADMINISTRATIVE RULES

56. The Minister shall, not later than the last day of February, transmit to the Minister of Revenue, in the form he determines and in respect of every adult declared eligible for benefits under the program for the preceding year, the following information for that year:

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

(2)  the amount determined according to the family requirements scale applicable to the adult;

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

(4)  (subparagraph repealed);

(5)  (subparagraph repealed);

(6)  the aggregate of the excluded amounts determined by regulation in respect of the adult and, where applicable, of his spouse, for the purposes of subparagraph a of subparagraph 2 of the first paragraph of section 48.2;

(6.1)  the amount of the increase in the benefits calculated pursuant to section 48.5;

(7)  the sum of the advance payments received by the adult or his spouse, distinguishing the portion attributable to benefits from the portion attributable to the amount of the increase referred to in section 48.1;

(8)  (subparagraph repealed);

(9)  (subparagraph repealed);

(10)  whether or not benefits have been granted to the spouse;

(11)  for the purposes of section 50, any part of the year during which the adult did not have spouse;

(12)  (subparagraph repealed);

(13)  (subparagraph repealed);

(14)  the amount determined under the scale of excluded work income;

(15)  the amount of last resort assistance benefits to be subtracted from the total income of the adult’s family under subparagraph 4 of the third paragraph of section 49 and which is also taken into account for the purposes of subparagraph b of subparagraph 2 of the first paragraph of section 48.2;

(16)  the amount of benefit increase determined by the Minister under section 58.1.

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

He shall transmit a copy of such information to the adult concerned.

1988, c. 51, s. 56; 1990, c. 31, s. 5; 1991, c. 71, s. 7; 1993, c. 64, s. 240; 1995, c. 1, s. 242; 1997, c. 57, s. 56; 1997, c. 58, s. 56.

57. An adult declared eligible for benefits under the program for a year shall, not later than 30 April of the following year, file with the Minister of Revenue a statement of reconciliation, in the form and with such attestations and information as may be determined by the latter, accompanied with a fiscal return within the meaning of section 1000 of the Taxation Act (chapter I-3).

1988, c. 51, s. 57.

58. The Minister of Revenue shall examine, with diligence, the information, statement and return transmitted to him by the Minister of Employment and Solidarity, and determine, in accordance with sections 48 to 51, the amount of the adult’s benefits and transmit notice thereof to the adult concerned.

The Minister of Revenue is bound by the information transmitted by the Minister.

1988, c. 51, s. 58; 1991, c. 71, s. 8; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1997, c. 63, s. 128.

58.1. Where advance payments of benefits exceed the amount of the benefits determined under section 58 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 benefits are increased by the amount of overpayment thus established.

No such increase may cause the amount of benefits to exceed the amount of advance payments.

1991, c. 71, s. 9; 1995, c. 1, s. 243.

59. Where an adult has not filed, for a year, a statement of reconciliation or a fiscal return in accordance with section 57, the Minister of Revenue may determine that the amount of benefits is nil and shall transmit notice thereof to the adult concerned.

1988, c. 51, s. 59.

60. Where the amount of benefits determined in respect of an adult for a year exceeds the total of the advance payments he has received in respect of the benefits, the Minister of Revenue must pay that excess to him at the same time he notifies him of the amount thereof, and section 1052 of the Taxation Act (chapter I-3), adapted as required, shall apply.

Where the total of the advance payments exceeds the amount of the benefits, the adult shall, subject to the third paragraph, reimburse the excess amount to the Minister of Revenue within 30 days after the date of mailing of the notice of the Minister, even where an application for review has been filed or a proceeding has been brought before the Administrative Tribunal of Québec pursuant to Chapter VI.

Chapter III of the Act respecting the Ministère du Revenu (chapter M-31), adapted as required, applies to such excess amounts which are, for that purpose, deemed to be, respectively, a refund due to the adult under a fiscal law and, from the date of mailing of the notice referred to in the second paragraph, a debt exigible from him under such a law.

1988, c. 51, s. 60; 1995, c. 1, s. 244; 1997, c. 43, s. 690.

61. The Minister of Revenue may reassess the amount of an adult’s benefits

(1)  within three years after the date of mailing of a notice under section 58 or 59;

(2)  at any time, if the adult who filed the return or statement misrepresented the facts by negligence or by willful omission, or if he has committed a fraudulent act in filing such return or statement or in furnishing any other information required by law;

(3)  where, following an opposition served or an appeal filed by the adult, his spouse or a dependent child in respect of an assessment established under the Taxation Act (chapter I-3), the reassessment also affects the total income of, or the amounts received as work income replacement by, one of such persons;

(4)  where a reassessment established under the Taxation Act (chapter I-3) results in an increase in the amount of the benefits.

1988, c. 51, s. 61; 1993, c. 64, s. 241; 1995, c. 36, s. 25.

CHAPTER IV GENERAL PROVISIONS

62. To avail himself of a program, a person must apply therefor to the Minister and provide him with any document or information necessary to ascertain his eligibility, or that of his family, and to determine the amount of benefits and advance payments.

The Minister shall examine the application and render his decision with diligence.

1988, c. 51, s. 62.

63. No person may avail himself simultaneously of the financial support program and of the work and employment incentives program.

1988, c. 51, s. 63.

64. Any person required to produce a medical report shall do so by means of the form prescribed by the Minister. In addition, that person shall, whenever the Minister deems it appropriate, submit to a new medical examination by the physician designated by the Minister who shall ascertain whether he is presenting severe limitations in his capacity for employment or is prevented from availing himself of a measure on any of the grounds set out in paragraph 1 of section 16.

Any notice of the decision of the Minister concluding that the person does not present severe limitations in his capacity for employment or, as the case may be, is not prevented from availing himself of a measure on any of the grounds set out in paragraph 1 of section 16 shall be accompanied with the report of the physician designated by the Minister.

1988, c. 51, s. 64.

65. The beneficiary shall,

(1)  without delay, notify the Minister of any change in his situation or that of his family, as the case may be, which may affect his or its benefits;

(2)  at intervals fixed by regulation, provide the Minister with a statement in the form prescribed by him.

Notwithstanding the first paragraph, the beneficiary is not required to declare the amount of the family allowance paid to him by the Régie des rentes du Québec under the Act respecting family benefits (chapter P-19.1) or the amount paid to him as a national child benefit supplement, unless so required by the Minister.

1988, c. 51, s. 65; 1997, c. 57, s. 57; 1998, c. 36, s. 207.

65.1. Subject to the second paragraph, the Minister may enter into an agreement with a department or body of the Government of Québec or of another government, a person or an enterprise whose name appears in the list drawn up by the Government and published in the Gazette officielle du Québec, in order to collect or communicate such nominative information as is considered necessary for the application of this Act or the regulations, in particular in order to

(1)  verify the eligibility of a person or a person’s family for a program or measure and establish the amount of benefits or advance payments;

(2)  identify a situation not declared by a beneficiary in accordance with paragraph 1 of section 65, including by means of cross-matching;

(3)  verify the solvency of a person who is required to reimburse an amount to the Minister pursuant to Division V of Chapter II or identify the person’s place of residence;

(4)  verify the occurrence of an event or the existence of a right referred to in section 35, as well as the date and particulars of the realization of the right.

The Minister may also enter into such an agreement with the Department of Human Resources Development of Canada as well as with the following departments and bodies of the Government of Québec: the Ministère de l’Éducation, the Ministère de la Justice, the Ministère des Relations avec les citoyens et de l’Immigration, the Ministère du Revenu, the Ministère de la Sécurité publique, the Commission de la santé et de la sécurité du travail, the Régie de l’assurance-maladie du Québec, the Régie des rentes du Québec and the Société de l’assurance automobile du Québec.

The Minister may, in order to identify a person for the purposes of an agreement made under this section, communicate that person’s name, date of birth, sex, address, health insurance number, social insurance number and file number. Any department, body, person or enterprise that receives such information must, unless legally entitled thereto, destroy it once the purpose for which it was communicated has been fulfilled.

Such information shall be exchanged in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

1995, c. 69, s. 15; 1996, c. 21, s. 67; 1998, c. 36, s. 207.

65.2. Any nominative information, within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), obtained pursuant to this Act is confidential. All functionaries of the Ministère de l’Emploi et de la Solidarité and all members of the personnel of Ville de Montréal assigned to administer this Act are prohibited from using any such information for purposes other than those provided for under this Act.

The persons referred to in the first paragraph are prohibited also from communicating or allowing to be communicated information obtained pursuant to this Act to any person not legally entitled thereto under the Act respecting Access to documents held by public bodies and the Protection of personal information or from allowing such a person to examine a document containing such information or to have access thereto.

1995, c. 69, s. 16; 1997, c. 63, s. 128.

66. In case of contravention of any provision of the first paragraph of section 62, of the first paragraph of section 64 or of section 65, the Minister may refuse to grant an application, reduce the benefits of an independent adult or of a family, or cease to pay such benefits.

In cases prescribed by regulation, the Minister shall impose the measure prescribed therein.

The decision of the Minister must be in writing and include the reasons on which it is based and be transmitted to the adults concerned.

1988, c. 51, s. 66.

67. The Minister shall, before reducing or ceasing to pay benefits granted under a last resort assistance program on the ground that the beneficiary might not have declared his true situation, give the beneficiary a 10-day notice in writing of his intention and the reasons therefor.

The beneficiary may present observations before the expiry of the 10-day period.

1988, c. 51, s. 67; 1997, c. 43, s. 691.

68. Benefits paid under Chapter II are unassignable and unseizable. The sums paid under Chapter III are also unassignable and unseizable except for support payments.

1988, c. 51, s. 68.

69. The Minister may enter into a written agreement with Ville de Montréal to delegate to it the exercise, on its territory and to the extent determined by him, of the functions conferred on him by this Act.

Any employee of the city who is entrusted with the application of this Act has the same powers and obligations and has access to the same information as an employee of the Ministère de l’Emploi et de la Solidarité who exercises similar functions.

1988, c. 51, s. 69; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1996, c. 2, s. 893; 1997, c. 63, s. 128.

CHAPTER V EXAMINATION AND INVESTIGATION

70. A person generally or specially authorized by the Minister to act as an examiner may, for the carrying out of this Act, require any information or document and examine and make a copy of such documents.

1988, c. 51, s. 70.

71. In no case may an examiner be prosecuted for any act performed in good faith in the exercise of his functions.

1988, c. 51, s. 71.

72. The Minister or any person whom he designates as an investigator may investigate any matter contemplated by this Act or the regulations.

1988, c. 51, s. 72.

73. For the purposes of an investigation, the Minister and the investigator shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1988, c. 51, s. 73.

74. An examiner or an investigator shall, on request, identify himself and produce a certificate signed by the Minister attesting his capacity.

1988, c. 51, s. 74.

75. No person may hinder an examiner in the exercise of his functions.

1988, c. 51, s. 75; 1990, c. 31, s. 6.

CHAPTER VI REVIEW AND PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 692.

76. Every person affected by a decision of the Minister, other than a decision rendered under section 22 or 23, the first paragraphs of sections 24 and 25, the fourth paragraph of section 42 or under the second paragraph of section 52, or affected by a determination made under section 58 may, in writing, apply for a review of the decision and present observations within 90 days from the date of notice of the decision.

An application for review does not suspend the execution of the decision or the effects of the determination.

1988, c. 51, s. 76; 1996, c. 78, s. 5; 1997, c. 43, s. 693.

77. The review shall be carried out by a person designated by the Minister or, in the case of an assessment of a person’s limitations in his capacity for employment, by a committee consisting of one physician and at least two other professionals designated by the Minister.

In the case of an assessment of a person’s inability to avail himself of a measure on any of the grounds set out in paragraph 1 of section 16, the review shall be carried out by a physician designated by the Minister.

Such persons shall be designated for such term as will be specified in the notice of designation.

1988, c. 51, s. 77; 1995, c. 69, s. 17; 1997, c. 43, s. 694.

78. An application for review cannot be refused on the ground that it was received after the time prescribed, where the applicant proves that he was unable to act earlier.

If an application is refused on the ground that it was received after the period prescribed, the decision may be contested before the Administrative Tribunal of Québec within 15 days from the date on which the person was notified of the decision. If the Tribunal quashes the decision, the file shall be returned to the person or committee who or which rendered it.

1988, c. 51, s. 78; 1997, c. 43, s. 695.

79. The reviewed decision must be rendered within 30 days from the date of receipt of the application or, in the case of section 78, of the decision of the Administrative Tribunal of Québec to return a file for review.

The decision must include the reasons on which it is based and be transmitted in writing to the person concerned and inform him of his right to contest the decision before the Administrative Tribunal of Québec.

1988, c. 51, s. 79; 1997, c. 43, s. 696.

80. In the case of a decision concerning legal aid services, the review shall be made in accordance with the Legal Aid Act (chapter A-14).

1988, c. 51, s. 80.

81. Every person who believes he has been wronged by a reviewed decision may contest the decision before the Administrative Tribunal of Québec within 60 days of notification.

1988, c. 51, s. 81; 1997, c. 43, s. 697.

81.1. If a reviewed decision or a decision by the Administrative Tribunal of Québec recognizes that an adult or a family is entitled to benefits initially refused, or increases the benefits initially granted, the Minister is required to pay interest in the cases and on the terms and conditions determined by regulation, at the rate fixed therein.

1995, c. 69, s. 18; 1997, c. 43, s. 698.

82. When a decision rendered under Chapter III or a proceeding brought under section 81 against a decision reviewing such a decision is reviewed, no amount established by the Minister of Revenue for the purpose of computing the total income of an adult, his spouse or a dependent child, and for the purposes of amounts received as work income replacement in respect of an adult or his spouse, may be contested.

1988, c. 51, s. 82; 1993, c. 64, s. 242; 1997, c. 43, s. 699.

83. In the case of a proceeding involving the determination of benefits paid under Chapter III, the Administrative Tribunal of Québec must suspend the hearing where, at the request of the Minister of Revenue or of the person who brought the proceeding, it is established that the person, his spouse or a dependent child has served an opposition or filed an appeal in respect of an assessment under the Taxation Act (chapter I-3) for the year which is the subject of the proceeding and that such opposition or appeal may cause the amounts referred to in section 82 to vary.

A suspension under the first paragraph shall continue until a final decision upholding the assessment is rendered or, as the case may be, until the Minister of Revenue, following a final decision cancelling or varying the assessment, re-determines the benefits of the person who brought the proceeding referred to in the first paragraph.

1988, c. 51, s. 83; 1997, c. 85, s. 415; 1997, c. 43, s. 700.

CHAPTER VII PENAL PROVISIONS

84. Every person who makes a statement he knows or should have known to be incomplete or to contain false or misleading information or who transmits a document which is incomplete or which contains such information so as to

(1)  render himself or his family eligible for benefits under a program or maitain such eligibility, or

(2)  receive, or cause his family to receive, benefits which can no longer be granted or which are greater than the benefits which may be granted,

is liable to a fine of not less than $250 nor more than $1 500.

1988, c. 51, s. 84; 1990, c. 4, s. 813.

Not in force

85. Every person who contravenes a provision of the third paragraph of section 31 is liable to a fine of not more than $1 000.

1988, c. 51, s. 85; 1990, c. 4, s. 814.

85.1. Any person who contravenes section 65.2 is guilty of an offence and is liable to a fine not exceeding $5 000.

1995, c. 69, s. 19.

86. Every person who contravenes a provision of section 75 is liable to a fine of not less than $250 nor more than $1 000.

1988, c. 51, s. 86; 1990, c. 4, s. 815.

87. Every person who, by his act or omission, assists another person in committing an offence under this Act is guilty of the offence as if he had committed it himself if he knew or should have known that his act or omission would likely result in aiding the commission of the offence.

1988, c. 51, s. 87.

88. Every person who, by his encouragement, advice or order, induces another to commit an offence under this Act is guilty of the offence if he knew or should have known that such encouragement, advice or order would likely result in the commission of the offence.

1988, c. 51, s. 88.

89. (Repealed).

1988, c. 51, s. 89; 1990, c. 4, s. 816.

89.1. Penal proceedings for an offence under a provision of section 84 shall be prescribed by one year from the date on which the prosecutor became aware of the commission of the offence. However, no proceedings may be instituted where more than five years have elapsed from the commission of the offence.

1992, c. 61, s. 558.

90. (Repealed).

1988, c. 51, s. 90; 1992, c. 61, s. 559.

CHAPTER VIII REGULATIONS

91. The Government may, by regulation,

(1)  determine, for each program, in which cases a child is deemed not to be the dependant of a person;

(2)  determine, for each program, in which cases a child is the dependant of an adult other than his father or mother and designate such adult;

(3)  determine, for each program, in which cases a person continues to be, ceases to be, or becomes a member of a family;

(4)  prescribe a scale of needs for adults establishing monthly amounts for the purposes of the last resort assistance program and the amounts of the additional amounts for dependent children, and determine the cases in which and conditions on which such amounts are granted;

(4.1)  prescribe, for the purposes of the last resort assistance program, that the scales of needs for adults increased, where applicable, by the amount of the additional amounts for dependent children, are reduced in respect of lodging by an amount established according to the method and to the extent prescribed by regulation;

(5)  prescribe, for each last resort assistance program, the amounts of the special benefits intended to provide for certain specific needs and determine subject to what conditions and in which cases they are granted;

(6)  define, for the purposes of section 7, what constitutes the attendance of an educational institution providing vocational instruction at the secondary level or instruction at the college or university level;

(6.1)  determine, for the purposes of paragraph 6 of section 7, the amount required for computing the benefits for the month of the application, and determine liquid assets and increases of certain of such assets that are excluded therefrom;

(7)  determine in which cases an adult who is incarcerated in a penitentiary or detained in a house of detention or any other prison, or who is required to reside in a half-way house is not ineligible for benefits under a last resort assistance program;

(7.1)  determine the additional amounts for dependent children from which are subtracted the amounts received as family allowances under the Act respecting family benefits (chapter P-19.1) and the amounts received as a national child benefit supplement, determine the cases in which and conditions on which such amounts are deemed to have been received by the family and prescribe their exclusion from the application of certain provisions relating to income;

(8)  exclude, for the purpose of computing the benefits granted under the last resort assistance programs, all or part of the income from work or from property, of the earnings, pecuniary benefits, liquid assets and property; such exclusion may vary according to the resources, the property or the programs;

(9)  prescribe, for the purpose of computing the benefits, the methods used to compute the income, earnings and pecuniary benefits and prescribe in which cases such income, earnings and pecuniary benefits may be spread and the time they are deemed to be received and determine standards for the application of arrears in support payment;

(10)  determine, for each last resort assistance program, the period during which unrealized unemployment benefits are considered in computing the amount of the benefits;

(11)  determine, for each program, the elements constituting liquid assets;

(12)  determine, for each last resort assistance program, the method used to establish the value of the property and determine the percentage applicable to that value;

(13)  prescribe, for each last resort assistance program, the method used to compute the amount of the benefits granted for the month of the application;

(14)  prescribe, for the purposes of the financial support program, the amount to be added to the benefits if an adult avails himself of a measure provided for in section 23;

(15)  determine in which cases a dwelling is shared and prescribe the method used to compute the amount to be subtracted for the purpose of computing the benefits of an independent adult or family sharing a dwelling;

(16)  determine the amount of parental contribution to be considered in computing the benefits of an adult from the net incomes, within the meaning of section 28 of the Taxation Act (chapter I-3), of his father and mother for the last taxation year and prescribe in which cases the Minister may determine the amount of the contribution by substituting for the net incomes those of the current year or the net income of only one parent;

(16.0.1)  determine, for the purposes of subparagraph 3 of the first paragraph of section 16, in which cases and subject to what conditions the scale based on unavailability applies;

(16.1)  determine the cases in which the scale based on unavailability applies;

(17)  (subparagraph repealed);

(18)  determine, for each last resort assistance program, under which circumstances and on which conditions a beneficiary may continue to receive benefits after ceasing to be eligible therefor;

(19)  prescribe the terms and conditions for the payment of benefits granted under a last resort assistance program;

Not in force

(19.1)  determine the cases in which and the extent to which the provisions of the Acts referred to in the second paragraph of section 24 do not apply;

(20)  determine the rules to be observed by a person or body that administers the benefits of a beneficiary;

(21)  determine, for the purposes of sections 33 and 66, in which cases the Minister must impose the measure determined therein;

(22)  determine the recoverable amounts or parts of recoverable amounts which the debtor is not bound to reimburse;

(22.1)  prescribe, for the purposes of the second paragraph of section 35, the cases in which and the terms and conditions subject to which interest is to be added;

(22.2)  determine, for the purposes of the fourth paragraph of section 39, in which cases and subject to what conditions a debtor of support is liable for the payment of costs and fix the amount of the costs and the terms of payment;

(23)  determine the periods and the terms and conditions of reimbursement of recoverable amounts;

(24)  determine the cases where the debtor is required to pay interest, and fix the rate thereof;

(24.1)  prescribe, for the purposes of the third paragraph of section 42, the cases in which a debtor is required to pay a recovery charge, and fix the amount thereof;

(24.2)  determine the cases in which, and the terms and conditions on which, the Minister is required to pay interest, and fix the rate thereof;

(25)  determine the monthly amount up to which the Minister may effect compensation for a debt out of any benefits;

(26)  determine the method used to establish the value of the property of the adult, his spouse and dependent children and determine the maximum amount of that value, combined with that of the liquid assets, that may be available to them to be eligible for benefits under the parental wage assistance program;

(27)  determine, for the purposes of section 46, the method of computing income from a business;

(28)  determine the minimum amount of income from an office or employment and from a business that the adult and his spouse must have earned in any month for that month to be a month of eligibility;

(29)  (subparagraph repealed);

(30)  prescribe a scale of family needs establishing the annual amounts that are allocated for the purposes of the parental wage assistance program, which may vary according as the family shares a dwelling or not;

(31)  fix percentages for the purposes of sections 48 and 48.2;

(31.1)  determine with respect to the adult or his spouse, on the basis of the amounts received by each as work income replacement described in the second paragraph of section 48.2, the amount excluded for the purposes of subparagraph 2 of the first paragraph of section 48.2;

(31.1.1)  fix the amount of last resort assistance benefits for the purposes of the third paragraph of section 48.2 and the fourth paragraph of section 49;

(31.2)  (subparagraph repealed);

(32)  (subparagraph repealed);

(33)  (subparagraph repealed);

(33.0.1)  prescribe, for the purposes of section 48.5, the criteria and methods to be used to calculate the increase in the benefits;

(33.1)  prescribe a scale of excluded work income for the purposes of the second paragraph of section 49;

(33.2)  determine, for the purposes of subparagraph 4 of the third paragraph of section 49, the maximum amount to be subtracted from the total income of the adult’s family;

(34)  determine the maximum amount of a dependent child’s income that can be subtracted from the total income of a family under the parental wage assistance program;

(35)  (subparagraph repealed);

(36)  determine, for the purposes of section 52, the minimum amount of the estimated benefits of an adult which allows him to receive advance payments;

(37)  prescribe, for the purposes of section 52, the conditions on which advance payments may be made;

(38)  prescribe, for the purposes of section 55, to what extent the amount of an advance payment due to an adult may be allocated to the payment of any sum exigible from the adult under this Act;

(39)  fix, for each program, intervals for producing statements and returns;

(40)  prescribe administrative standards regarding the programs provided for in this Act.

The regulatory provisions under subparagraphs 4, 4.1, 5, 6.1, 7.1, 8, 13, 16.0.1, 18, 21, 22.1 to 24.1, 25, 30, 31.1.1, 33.0.1, 33.1, 38 and 39 of the first paragraph may vary according to whether an independent adult or a family is concerned, according to the composition of the family, according to the situation of the independent adult or the member of a family and in particular, in the case of a child, the age, rank and occupation of the child, whether the child has a handicap within the meaning of the Act respecting family benefits, the child’s place of residence and time spent in day care, according to whether the independent adult or the member of a family is sheltered or incarcerated in an establishment or resides in a subsidized dwelling, or according to whether an independent adult would be part of a family if his spouse and their dependent children had not ceased to be a part thereof under a regulation made pursuant to subparagraph 3 of the first paragraph.

The provisions of a regulation made as a consequence of a provision of a regulation made under subparagraph 1 of the first paragraph of section 8 of the Act respecting family benefits may have effect on any earlier date occurring not more than six months before the date of their coming into force.

The regulations made during a year for the purposes of the parental wage assistance program pursuant to subparagraphs 27 to 39 of the first paragraph and the second paragraph may provide that they will have effect from the first day of the preceding year.

1988, c. 51, s. 91; 1990, c. 11, s. 60; 1990, c. 31, s. 7; 1991, c. 71, s. 10; 1993, c. 64, s. 243; 1995, c. 1, s. 245; 1995, c. 69, s. 20; 1996, c. 78, s. 6; 1997, c. 57, s. 58; 1997, c. 58, s. 57; 1998, c. 36, s. 207.

CHAPTER IX AMENDING PROVISIONS

92. (Omitted).

1988, c. 51, s. 92.

ACT RESPECTING INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES

93. (Amendment integrated into c. A-3.001, s. 11).

1988, c. 51, s. 93.

94. (Omitted).

1988, c. 51, s. 94.

95. (Amendment integrated into c. A-3.001, s. 144).

1988, c. 51, s. 95.

LEGAL AID ACT

96. (Amendment integrated into c. A-14, s. 2).

1988, c. 51, s. 96.

97. (Amendment integrated into c. A-14, s. 62).

1988, c. 51, s. 97.

98. (Repealed).

1988, c. 51, s. 98; 1989, c. 4, s. 16.

99. (Repealed).

1988, c. 51, s. 99; 1989, c. 4, s. 16.

AUTOMOBILE INSURANCE ACT

100. (Amendment integrated into c. A-25, s. 10).

1988, c. 51, s. 100.

101. (Amendment integrated into c. A-25, s. 74).

1988, c. 51, s. 101.

HEALTH INSURANCE ACT

102. (Amendment integrated into c. A-29, s. 67).

1988, c. 51, s. 102.

103. (Amendment integrated into c. A-29, s. 70).

1988, c. 51, s. 103.

104. (Amendment integrated into c. A-29, s. 71).

1988, c. 51, s. 104.

105. (Amendment integrated into c. A-29, s. 71.1).

1988, c. 51, s. 105.

106. (Amendment integrated into c. A-29, s. 71.2).

1988, c. 51, s. 106.

ACT RESPECTING THE BARREAU DU QUEBEC

107. (Amendment integrated into c. B-1, s. 128).

1988, c. 51, s. 107.

CODE OF CIVIL PROCEDURE

108. (Amendment integrated into c. C-25, a. 553.9).

1988, c. 51, s. 108.

109. (Amendment integrated into c. C-25, a. 989).

1988, c. 51, s. 109.

ACT RESPECTING THE COMMISSION DES AFFAIRES SOCIALES

110. (Amendment integrated into c. C-34, s. 21).

1988, c. 51, s. 110.

111. (Amendment integrated into c. C-34, s. 22).

1988, c. 51, s. 111.

112. (Amendment integrated into c. C-34, s. 26).

1988, c. 51, s. 112.

113. (Amendment integrated into c. C-34, s. 38).

1988, c. 51, s. 113.

ACT RESPECTING COLLECTIVE AGREEMENT DECREES

114. (Amendment integrated into c. D-2, s. 46).

1988, c. 51, s. 114.

ACT TO SECURE THE HANDICAPPED IN THE EXERCISE OF THEIR RIGHTS

115. (Amendment integrated into c. E-20.1, s. 54).

1988, c. 51, s. 115.

ACT RESPECTING THE MINISTÈRE DE LA MAIN-D’OEUVRE ET DE LA SÉCURITÉ DU REVENU

116. (Amendment integrated into c. M-19.1, s. 1).

1988, c. 51, s. 116.

117. (Amendment integrated into c. M-19.1, s. 14).

1988, c. 51, s. 117.

ACT RESPECTING THE MINISTÈRE DU REVENU

118. (Amendment integrated into c. M-31, Division I of Chapter V).

1988, c. 51, s. 118.

119. (Amendment integrated into c. M-31, s. 94.0.1).

1988, c. 51, s. 119.

ACT RESPECTING LABOUR STANDARDS

120. (Amendment integrated into c. N-1.1, s. 120).

1988, c. 51, s. 120.

ACT RESPECTING THE RÉGIE DE L’ASSURANCE-MALADIE DU QUÉBEC

121. (Amendment integrated into c. R-5, s. 2).

1988, c. 51, s. 121.

ACT RESPECTING THE QUÉBEC PENSION PLAN

122. (Amendment integrated into c. R-9, s. 145).

1988, c. 51, s. 122.

123. (Amendment integrated into c. R-9, s. 229).

1988, c. 51, s. 123.

124. (Amendment integrated into c. R-9, s. 231).

1988, c. 51, s. 124.

ACT RESPECTING LABOUR RELATIONS, VOCATIONAL TRAINING AND MANPOWER MANAGEMENT IN THE CONSTRUCTION INDUSTRY

125. (Amendment integrated into c. R-20, s. 122).

1988, c. 51, s. 125.

ACT RESPECTING INCOME SECURITY FOR CREE HUNTERS AND TRAPPERS WHO ARE BENEFICIARIES UNDER THE AGREEMENT CONCERNING JAMES BAY AND NORTHERN QUEBEC

126. (Amendment integrated into c. S-3.2, s. 1).

1988, c. 51, s. 126.

127. (Amendment integrated into c. S-3.2, s. 4).

1988, c. 51, s. 127.

128. (Amendment integrated into c. S-3.2, s. 5).

1988, c. 51, s. 128.

129. (Amendment integrated into c. S-3.2, s. 10).

1988, c. 51, s. 129.

130. (Amendment integrated into c. S-3.2, s. 46).

1988, c. 51, s. 130.

131. (Omitted).

1988, c. 51, s. 131.

CHAPTER X TRANSITIONAL AND FINAL PROVISIONS

132. Benefits paid until 31 July 1990 to an independent adult or to a family eligible for social aid during the month of July 1989 under the Social Aid Act (chapter A-16) and who or which remained eligible for benefits under a last resort assistance program pursuant to this Act shall be determined on the basis of needs recognized in sections 23 to 29, 35.0.2, 35.0.3, 35.0.6.2 and 35.0.6.3 of the Regulation respecting social aid (R.R.Q., chapter A-16, r. 1) as they read on 31 July 1989, if the application of the scales referred to in sections 6 and 11 of this Act would result in lesser benefits.

The amounts prescribed in the regulatory provisions shall in that case replace the scales referred to in sections 6 and 11 of this Act.

However, the first paragraph ceases to apply from the month during which the independent adult or the family ceases to receive benefits established on the basis of the needs contemplated by the first paragraph.

1988, c. 51, s. 132.

133. Between 1 August 1989 and 31 July 1990, temporary scales fixed by regulation shall replace the scales contemplated by sections 6 and 11 of this Act.

In addition to variations based on the criteria provided for in the second paragraph of section 91, the scales may also vary according to the beneficiary’s capacity to hold employment, his decision to avail himself of a measure provided for in section 23 or his age. The same applies in respect of the resources excluded for the purpose of computing the benefits.

1988, c. 51, s. 133.

134. Until 31 July 1990, the Minister may postpone the application of the scales contemplated by section 133 as regards benefits paid to an independent adult or a family eligible for social aid during the month of July 1989 and pay to the independent adult or the family benefits established in accordance with section 132.

However, the Minister shall, on or before 1 August 1990, pay to the beneficiary the amount, if any, by which the amount of benefits he should have received under the scale exceeds the amount of benefits actually received by him.

1988, c. 51, s. 134.

135. Where a person participates in the programs referred to in section 35.0.1 or 35.0.6.1 of the Regulation respecting social aid, he is deemed to be availing himself of a measure provided for in section 23 of this Act.

1988, c. 51, s. 135.

136. Subparagraphs f and g of paragraph 2 of the first paragraph of section 13 do not apply for the purpose of computing benefits established under section 132.

Any period during which a person was receiving social aid under the Social Aid Act (chapter A-16) shall be counted in computing the period prescribed in subparagraph g of paragraph 2 of the first paragraph of section 13.

1988, c. 51, s. 136.

137. 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, for that purpose, sections 36, 39 to 45 of the said Act apply, except if the amount has already been the subject of a claim for which legal proceedings are pending.

If, on 1 August 1989, an application for review or an appeal is filed in respect of such claim, only sections 43 to 45 may apply to that claim.

1988, c. 51, s. 137; 1995, c. 69, s. 21.

138. Any person who is not entitled, for the years 1988 and 1989, to any benefit under the Act respecting work income supplement (chapter S-37.1) for the sole reason that he or his spouse had a dependent child on 31 December of the preceding year, and whose benefit under Chapter III of this Act is, for the same year, nil or lower than an amount fixed by regulation of the Government, shall be entitled to special benefits according to the criteria determined by regulation of the Government.

Paragraph 1 of section 34 and sections 36, 37 and 41 to 45 of this Act apply to the recovery of such benefits.

Sections 76 to 79 and 81 apply to every decision rendered by the Minister under this section.

Sections 84 to 90 apply as if the benefits were paid under a program established by this Act.

The benefits are unassignable and unseizable, except in the case of a debt for support payments.

1988, c. 51, s. 138.

139. Until 31 July 1989, provision included in Chapter III which refers to the scales and benefits provided for in Chapter II is deemed to refer to the ordinary needs or social aid provided for in the Social Aid Act (chapter A-16).

1988, c. 51, s. 139.

140. Persons contemplated by the second paragraph of section 67 of the Social Aid Act (1969, chapter 63) shall continue to receive the allowances provided for thereunder.

1988, c. 51, s. 140.

140.1. The sums required to pay the portion of the advance payments provided for in the second paragraph of section 52 that is attributable to the amount of increase determined under section 48.1 are taken from the fiscal receipts received from individuals pursuant to the Taxation Act (chapter I-3).

1995, c. 1, s. 246.

141. The Minister of Employment and Solidarity is responsible for the administration of this Act.

1988, c. 51, s. 141; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1997, c. 63, s. 128.

142. (Omitted).

1988, c. 51, s. 142.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 51 of the statutes of 1988, in force on 1 March 1989, is repealed, except section 142, effective from the coming into force of chapter S-3.1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 6 to 45, 63, 64, 67, 80, subparagraphs 4 to 10, 12 to 16, 18 and 20 to 25 of the first paragraph of section 91, sections 92 to 106, 108, 109, 112, 114 to 116, 120 to 126, 128 to 137 and 141 of chapter 51 of the statutes of 1988, in force on 1 March 1990, are repealed effective from the coming into force of the updating to 1 March 1990 of chapter S-3.1.1 of the Revised Statutes.

Sections 10 and 24 of this Act will be amended upon the coming into force of sections 2 and 8 of chapter 69 of the statutes of 1995 on the date or dates fixed by order of the Government.

This Act will be replaced upon the coming into force of section 206 of chapter 36 of the statutes of 1998 on the date fixed by order of the Government.

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 (1988, c. 51, s. 142; 1995, c. 69, s. 27).