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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“applicant” means a person who makes an application for vocational rehabilitation services;(demandeur)

“Department” means the Department of Social Development;(Ministère)

“disabled person” means a person who because of a physical or mental impairment is incapable of pursuing regularly any substantially gainful occupation;(personne handicapée)

“follow-up goods and services” means those vocational rehabilitation services that are provided on a time-limited basis to a disabled person who has participated in vocational rehabilitation and who has obtained or been placed in employment and requires further goods and services as part of that person’s vocational rehabilitation;(biens et services fournis pendant la période de suivi)

“Minister” means the Minister of Social Development and includes any person designated by the Minister to act on behalf of the Minister;(Ministre)

“recipient” means a person to whom vocational rehabilitation services have been provided;(bénéficiaire)

“resident” means a person lawfully entitled to be or to remain in Canada, who makes his or her home and is predominately present in New Brunswick;(résident)

“substantially gainful occupation” means(occupation substantiellement rémunératrice)

(a) employment in the competitive labour market,

(b) the practice of a profession,

(c) self-employment,

(d) home-making or farm work, including work where payment is in kind rather than cash,

(e) sheltered employment, or

(f) home industries or other homebound work of a remunerative nature;

“vocational rehabilitation” means any process of restoration, training, employment placement and follow-up goods and services including related services, the object of which is to enable a disabled person to become capable of engaging in a substantially gainful occupation;(réadaptation professionnelle)

“vocational rehabilitation services” means any goods or services which will enable a disabled person to become capable of engaging in a substantially gainful occupation.(services de réadaptation professionelle)

1994, c.59, s.13; 2000, c.26, s.281; 2008, c.6, s.41

POWER TO ENTER INTO AGREEMENTS

Power to enter into agreements

2The Minister may enter into an agreement

(a) with the Government of Canada respecting the payment by Canada to the Province of the costs incurred by the Province in undertaking a program for the vocational rehabilitation of disabled persons,

(b) with an organization or association, whether incorporated or not, for the purpose of providing for the vocational rehabilitation of disabled persons, or

(c) with a disabled person or representative acting on behalf of a disabled person for vocational rehabilitation services.

AUTHORITY OF THE MINISTER

Authority of the Minister

3The Minister may

(a) provide vocational rehabilitation services to a disabled person,

(b) plan, develop, operate, manage and coordinate any project or enterprise for the vocational rehabilitation of disabled persons,

(c) in cooperation with organizations and associations, whether incorporated or not, provide for and encourage the coordination of activities and services in the field of vocational rehabilitation, or

(d) provide for such other matters as the Minister considers advisable for the vocational rehabilitation of disabled persons.

Appointment of vocational rehabilitation committee

4The Minister may appoint a vocational rehabilitation committee composed of such persons as the Minister considers appropriate to advise the Minister on matters relating to the development and provision of vocational rehabilitation services.

APPLICATION FOR SERVICES

Application for services

5A disabled person who is a resident of the Province may apply to the Minister in accordance with the regulations for vocational rehabilitation services.

SUSPENSION OF SERVICES

Suspension of services

6The Minister may suspend or cancel vocational rehabilitation services if a disabled person

(a) ceases to be eligible for vocational rehabilitation services under this Act or the regulations,

(b) fails to avail himself or herself of the vocational rehabilitation services authorized to the disabled person,

(c) is not benefiting from the vocational rehabilitation services being provided,

(d) fails to provide the Minister with information required to determine initial eligibility or continuing eligibility for vocational rehabilitation services, or

(e) fails to comply with any provision of this Act or the regulations.

APPEAL

Appeal

7Subject to section 12, an applicant or recipient or a person acting on behalf of an applicant or recipient may, in accordance with the regulations, appeal decisions respecting

(a) an applicant’s eligibility for vocational rehabilitation services, and

(b) the suspension or cancellation of vocational rehabilitation services under section 6.

RECOVERY

Restitution agreement

8Where a person has received vocational rehabilitation services under this Act or the regulations to which the person is not entitled, the Minister may enter into a restitution agreement with that person for the recovery of the cost of the vocational rehabilitation services, in whole or in part.

Method of recovery

9Where a person has received vocational rehabilitation services under this Act or the regulations to which the person is not entitled, the costs of the vocational rehabilitation services may be recovered by the Minister from the person or in the case of the person’s death, from the executor or administrator of the person,

(a) as a debt due to Her Majesty, in right of the Province, in the manner set out in section 10, or

(b) in the manner set out in a restitution agreement under section 8,

and the Minister may obtain as a creditor letters of administration of the estate of the person and may file a claim against the estate of the person in a probate court.

Default

10(1)Where default has been made in payment of any amount to be recovered under section 9, the Minister may so certify by issuing a certificate stating the amount so due and payable including interest, if any, and the name of the person by whom the amount is due and payable, which amount shall constitute a debt due to Her Majesty, in right of the Province.

10(2)A certificate issued under subsection (1) may be filed in The Court of Queen’s Bench of New Brunswick, and shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by Her Majesty against the person named in the certificate for a debt of the amount specified in the certificate.

10(3)All reasonable costs and charges attendant upon the filing, entering and recording of the certificate shall be recovered in the like manner as if the amount had been included in the certificate.

CONFIDENTIALITY

Confidentiality

11(1)All information acquired by the Minister pertaining to a disabled person is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.

11(2)The Minister shall not permit the release of confidential information pertaining to a disabled person to any person other than another Minister of the Crown in right of the Province of New Brunswick or in right of Canada without the consent in writing of the person from whom the information was obtained and to whom the information relates.

11(3)Notwithstanding subsection (2), the Minister may permit the release of confidential information pertaining to a disabled person for the purpose of

(a) the administration of any Act or regulation falling under the jurisdiction of the Department, and

(b) the prosecution of an offence under this Act or any other Act or regulation falling under the jurisdiction of the Department.

APPROPRIATION

Appropriation

12(1)Where money appropriated by the Legislature for the purposes of this Act has been depleted, vocational rehabilitation services may be suspended or cancelled.

12(2)Nothing in this Act or the regulations shall be construed so as to oblige the Minister to provide vocational rehabilitation services in respect of which no money has been appropriated by the Legislature.

OFFENCES AND PENALTIES

Offences and penalties

13A person who knowingly

(a) makes a false or misleading statement in any application or report under this Act or the regulations,

(b) makes an application or report under this Act or the regulations that by reason of any non-disclosure of facts is false or misleading, or

(c) provides any information to the Minister that is false in any material part,

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

1990, c.61, s.144

ADMINISTRATION

Administration

14The Minister is responsible for the administration of this Act and may designate persons to act on behalf of the Minister.

REGULATIONS

Regulations

15The Lieutenant-Governor in Council may make regulations

(a) respecting the manner of making an application for rehabilitation vocational services;

(b) respecting eligibility requirements for vocational rehabilitation services;

(c) respecting the information to be submitted by an applicant and providing for the investigation into an application and into the eligibility and continuing eligibility of an applicant and for the determination of questions respecting eligibility and continuing eligibility;

(d) respecting the manner in which information and records of a confidential nature obtained from a disabled person are to be kept;

(e) respecting the kind or kinds of vocational rehabilitation services that may be granted to disabled persons and the extent of such services;

(f) respecting the establishment, structure, function and composition of an appeal board and the remuneration and reimbursement of expenses of its members;

(g) prescribing the jurisdiction of the appeal board;

(h) respecting the procedure to be followed in an appeal.

COMMENCEMENT

Commencement

16This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

N.B. This Act was proclaimed and came into force June 6, 1991.

N.B. This Act is consolidated to September 1, 2011.

V-4 - Vocational Rehabilitation of Disabled Persons Act

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