Acts and Regulations

91-5 - General

Full text
Current to 1 January 2024
under the
Vocational Rehabilitation of
Disabled Persons Act
(O.C. 91-18)
Filed January 30, 1991
  Under section 15 of the Vocational Rehabilitation of Disabled Persons Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Vocational Rehabilitation of Disabled Persons Act.
2In this Regulation
“Act” means the Vocational Rehabilitation of Disabled Persons Act;(Loi)
“Board” means the Vocational Rehabilitation of Disabled Persons Appeal Board established under section 7;(Commission)
“designated officer” means a person designated by the Minister to act on behalf of the Minister.(fonctionnaire désigné)
3(1)Every person who applies for vocational rehabilitation services shall submit a completed application to the Minister on a form provided by the Minister.
3(2)An application shall be completed by an applicant or, if the applicant is unable through illness, incapacity or disability to complete the application, by a person acting on behalf of the applicant.
3(3)Upon receipt of an application by the Minister, a designated officer shall conduct an investigation into the application to determine the eligibility of the applicant for vocational rehabilitation services.
4(1)The eligibility of an applicant shall not be determined by the financial resources of the applicant or of the applicant’s family.
4(2)A disabled person who
(a) is a resident,
(b) is between the ages of sixteen years and sixty-four years, inclusive, and
(c) has a level of functioning that indicates an ability to achieve a definite vocational goal as evidenced by an evaluation of that person’s medical, social and vocational capabilities,
is eligible for vocational rehabilitation services.
5The Minister may provide to a disabled person or may assist a disabled person in obtaining, by means of financial assistance or otherwise,
(a) counselling, guidance and advice, occupational assessment, training and adjustment services, transportation, and vocational, medical and social assessments,
(b) follow-up goods and services,
(c) aids and devices designed to compensate for any restriction or lack of ability to perform activities or employment duties due to a disability,
(d) travel allowances, including travel allowances for a disabled person’s guide or escort, to enable the disabled person to obtain the full benefit of vocational rehabilitation services provided under the Act,
(e) occupational tools, books, materials, equipment and other personal property considered by the Minister to be necessary for vocational rehabilitation purposes, and
(f) any other goods and services that may be necessary for vocational rehabilitation purposes.
6(1)For the purposes of this Regulation, the members of the Social Welfare Appeals Board constituted under the General Regulation - Social Welfare Act, being New Brunswick Regulation 82-227 under the Social Welfare Act, shall constitute the Vocational Rehabilitation of Disabled Persons Appeal Board.
6(2)The terms and conditions for the composition of the Board shall be the same as the terms and conditions for the composition of the Social Welfare Appeals Board.
6(3)A quorum of the Board shall be the Chairperson or a Vice-Chairperson, and two members.
7(1)An applicant or a recipient may appeal a decision referred to in section 7 of the Act to a designated officer other than the designated officer referred to in section 3 of this Regulation.
7(2)An appeal of a decision shall be made within thirty days after the date on which the decision is mailed to the applicant or recipient.
7(3)An appeal to the designated officer shall be made by serving a request for appeal on the Minister by registered mail or by personal service.
7(4)A request for appeal under subsection (3) shall be on a form provided by the Minister.
8(1)Upon receipt of a request for appeal under subsection 7(3), the designated officer shall review the appellant’s case and shall make such decision as the officer considers proper in the circumstances.
8(2)The designated officer shall, within fifteen days after receipt of the request for appeal, give written notice to the appellant of the officer’s decision which shall include
(a) a statement of the reason for the officer’s decision,
(b) a statement informing the appellant of the right to appeal to the Board, and
(c) a notice of appeal on a form provided by the Minister.
8(3)The designated officer shall serve the written notice on the appellant by ordinary mail and it shall be deemed to be served, in the absence of evidence to the contrary, five days after the date of mailing.
8(4)An appellant may appeal to the Board by serving a duly completed notice of appeal upon the Chairperson by registered mail or personal service within ten days after being served with the written notice.
9(1)The Board shall hold a hearing within thirty days after the date of receipt of a notice of appeal, at a time and place designated by the Chairperson.
9(2)At least five days before the date of a hearing, the Chairperson shall send a notice of hearing to the appellant by registered mail at the mailing address provided by the appellant on the notice of appeal.
9(3)A notice of hearing referred to in subsection (2) shall be deemed to have been received by the appellant five days after the date of mailing.
9(4)The Board may hold concurrent hearings with the Chairperson presiding at one hearing and a Vice-Chairperson presiding at another.
9(5)A Vice-Chairperson who presides at a concurrent hearing shall be deemed to be the chairperson for the purpose of that hearing.
10(1)The Chairperson shall from time to time assign the members of the Board to its various hearings.
10(2)All hearings of the Board shall be held in camera.
10(3)Any party to an appeal may appear in person or by the party’s representative and may be represented by counsel.
10(4)For the purpose of a hearing held under this Regulation, the Board shall have all the powers conferred on a Commissioner appointed under the Inquiries Act, and the provisions of that Act, when applicable to and not inconsistent with the provisions of this Regulation, shall apply to appeals to the Board under this Regulation.
10(5)The Board may receive information on oath, affidavit or otherwise, which in its discretion, it considers fit and proper, whether or not admissible as evidence in a court of law.
10(6)No proceeding under this Regulation shall be deemed to be invalid by reason only of a defect in form or a technical irregularity.
10(7)An appeal shall be decided upon its own merits and in accordance with the Act and this Regulation.
10(8)No member of the Board shall discuss the appeal with the appellant before the hearing of the appeal.
11(1)The decision of the majority of the members who hear an appeal shall be the decision of the Board and shall be final and conclusive.
11(2)The decision of the Board shall be in writing and shall include
(a) the reasons for the decision,
(b) the date on which the decision was made,
(c) any directions to the Minister respecting the implementation of the decision, and
(d) any other remarks the Board considers relevant.
11(3)There shall be no minority report and the decision of the Board shall be signed by all the members who heard the appeal.
11(4)The decision of the Board shall be made and copies of the decision mailed to the Minister and to all parties to the appeal within fifteen days after the conclusion of the hearing.
N.B. This Regulation is consolidated to March 31, 1991.