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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

“assistance” means money or money’s-worth, vouchers, goods, services, employment, training, education or other benefits or any combination of them, provided under this Act or the regulations to a recipient or in respect of a dependant of a recipient, or to another person for the benefit of a recipient or a dependant of a recipient, for the purpose of meeting any needs that fall within the categories of needs established by the Minister in accordance with the regulations;(assistance)

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

“person in need” means a person who is for the time being unable to provide for himself or herself and those dependants whom the person is under a legal obligation to support;(personne nécessiteuse)

“voucher” means a cheque or other instrument issued under this Act or the regulations that authorizes the supplying of specified goods or the rendering of specified services to the person named in the cheque or other instrument.(bon)

2000, c.26, s.111; 2008, c.6, s.14

ADMINISTRATION

Administration of Act

2The Minister shall administer this Act and may designate persons to act on the Minister’s behalf.

PROVISION OF ASSISTANCE

Application for and provision of assistance

3(1)A person in need or likely to become a person in need unless assistance is provided may apply for assistance by submitting an application in accordance with this Act and the regulations.

3(2)The Minister

(a) shall give assistance to a person in need in accordance with this Act and the regulations, and

(b) may give assistance to a person likely to become a person in need unless assistance is provided, in accordance with this Act and the regulations.

Non-eligibility for assistance

4(1)In this section

“reserve” means a reserve as defined in the Indian Act (Canada).

4(2)A person is not eligible to apply for assistance or to receive assistance, directly or indirectly, if the person

(a) is not a resident of New Brunswick,

(b) is not legally authorized to reside in Canada,

(c) is a resident of a reserve,

(d) is incarcerated in a penitentiary or a provincial jail, or

(e) falls within a class prescribed by regulation.

Deemed compliance

5Each person who applies for or, directly or indirectly, receives assistance shall be deemed to have agreed to comply with all the requirements, terms and conditions that are imposed respecting the receiving of that assistance under this Act or the regulations in so far as they apply to that person.

Minister’s discretion respecting assistance

6(1)The Minister may take any reasonable steps necessary to ensure that the needs respecting which assistance may be given, as established in accordance with the regulations, are met.

6(2)The Minister may include among the steps taken under subsection (1) the provision of

(a) transitional benefits,

(b) job subsidies, and

(c) the creation or facilitation of projects by means of which employment, training or education may be provided to recipients.

6(3)The Minister, in the Minister’s discretion, may

(a) refuse to grant an application for assistance by an applicant or in respect of a dependant of an applicant if the applicant or dependant, as the case may be, is not eligible for assistance or does not meet any requirements, terms or conditions applicable to the giving of that assistance to that applicant or in respect of that dependant under this Act and the regulations,

(b) provide assistance to meet financial, employment, training and educational needs in the amount, at the times, in the manner, to the extent and of a nature considered by the Minister to be appropriate for each recipient or dependant of a recipient and to those recipients and in respect of those dependants of recipients considered appropriate by the Minister,

(c) if in the opinion of the Minister it is appropriate to do so in the circumstances, discontinue, suspend or vary any or all assistance to any recipient or in respect of any dependant of a recipient if, in the opinion of the Minister, the recipient or dependant

(i) has not met or does not meet all of the requirements, terms and conditions applicable to the giving of that assistance to that recipient or dependant under this Act and the regulations or ceases to be eligible to receive assistance or a particular amount of assistance, directly or indirectly, or

(ii) is convicted of a violation of this Act or the regulations, and

(d) reinstate assistance that has been suspended under paragraph (c), in whole or in part, if in the opinion of the Minister it is appropriate to do so in the circumstances.

APPEAL

Appeal

7An applicant for assistance or a person in need may appeal by means of an independent process to the body or bodies established or designated or the person or persons designated under the regulations, on any ground set out in the regulations and otherwise in accordance with the regulations.

AGREEMENTS

Agreements with government of Canada and other provinces

8(1)If the Lieutenant-Governor in Council approves, the Minister, on behalf of the Province, may enter into an agreement with the Minister who is duly authorized by and acting on behalf of the government of Canada, respecting the payment by Canada to the Province of any portion of the aggregate cost to the Province of providing assistance to persons in need or likely to become persons in need unless assistance is provided.

8(2)Nothing contained in this Act varies or terminates any of the rights or obligations of the Province or Canada under any agreement entered into between them before the commencement of this Act, respecting payments by Canada to the Province in accordance with the Canada Assistance Plan Act (Canada) and the regulations under that Act.

8(3)If the Lieutenant-Governor in Council approves, the Minister, on behalf of the Province, may enter into a reciprocal agreement with any other province respecting assistance to persons in need or likely to become persons in need unless assistance is provided.

DISCLOSURE OF INFORMATION

Disclosure of information

9(1)Recipients shall give to the Minister notice in accordance with subsection (1.1) and with the regulations

(a) of the receipt of income or resources in excess of the amount reported in an application or otherwise reported, and

(b) of any other change in circumstances or other occurrence

(i) that could, would or does affect the amount or nature of assistance that is being or could be given to the recipient or in respect of a dependant of the recipient, or

(ii) that is required to be disclosed under the regulations.

9(1.1)Recipients required to give notice to the Minister under subsection (1) shall do so within fifteen days after

(a) receiving the income or resources referred to in paragraph (1)(a), or

(b) the change of circumstances or other occurrence referred to in paragraph (1)(b).

9(2)No assistance shall be given, directly or indirectly, to a person who fails to comply with subsection (1) or who otherwise fails or refuses to disclose information required to be provided by the person under this Act or the regulations until the person satisfies the Minister that the person is eligible in every respect to receive assistance.

9(3)Subsections (1) and (2) do not apply to persons, income, resources, changes of circumstances or other occurrences that are exempted by regulation.

9(4)The Minister may issue a certificate stating that the person named in the certificate was receiving assistance during the period stated in the certificate and has not given notice to the Minister as required under subsection (1) or under the regulations and shall include in the certificate a brief description of the information that has not been disclosed and a reference to the specific provision under which the disclosure of that information is required.

9(5)A certificate in accordance with subsection (4) purporting to be signed by the Minister shall, on the hearing of an information for a violation of this Act or the regulations,

(a) be received in evidence by the court without proof of the signature on the certificate,

(b) be proof, in the absence of evidence to the contrary, of the facts stated in the certificate, and

(c) be proof, in the absence of evidence to the contrary, that the person named in the certificate is the accused.

COMPENSATORY BENEFIT

Compensatory benefit

10If a recipient or any dependant of a recipient receives income or resources, in settlement or payment of an insurance claim, unemployment insurance, workers’ compensation, a pension benefit, any other compensatory benefit or any other income or resources prescribed by regulation for the purposes of this section that are intended in whole or in part to provide for the basic needs of the recipient or a dependant of the recipient during the time any of them is receiving assistance, whether directly or indirectly, the Minister shall be entitled to repayment in accordance with the regulations from the recipient or the dependant, as the case may be, in an amount up to, but not exceeding, the total amount of assistance received by the recipient and the dependant during the period of time to which the compensatory benefit relates and up to, but not exceeding, the total amount of the compensatory benefit or other income or resources.

PAYMENT UNDER FAMILY SERVICES ACT

2005, c.S-15.5, s.55

Payment under Family Services Act

11(1)If a person has an obligation under the Family Services Act to provide support for another person and refuses or neglects to provide that support and, as a result of the refusal or neglect, assistance is applied for in respect of that other person, the Minister may, with or without the consent of the person entitled to support, apply for an order under the Support Enforcement Act against the person who has an obligation to provide support and may invoke all the provisions of that Act with respect to obtaining the relief and enforcing orders made under that Act.

11(2)Any payment made on behalf of a person in need under the Family Services Act or the regulations under it for the provision of community social services or for services provided at a community placement resource shall be deemed to be a payment made on behalf of a person in need under this Act and the regulations.

11(3)Subsection (2) shall be deemed to have come into force on April 1, 1984.

2005, c.S-15.5, s.55

RECOVERY

Recovery of assistance by Minister

12(1)If the Minister is entitled to repayment from a person under section 10 or if a person has received assistance, directly or indirectly, to which the person is not entitled, all or any portion of the value of the assistance may be recovered by the Minister

(a) from the person by deduction from subsequent payments to or for the benefit of that person under this Act or the regulations, or

(b) from the person or, if the person has died, from the person’s personal representative,

(i) as a debt due to Her Majesty in right of the Province, in the manner set out in section 13, or

(ii) in the manner set out in a restitution agreement entered into between the person or personal representative and the Minister under subsection (2),

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.

12(2)If the Minister is entitled to repayment from a person under section 10 or if a person has received assistance, directly or indirectly, to which the person is not entitled, the Minister may enter into a restitution agreement with that person for the recovery of all or any portion of the value of the assistance.

Recovery of assistance by Minister

13(1)If default has been made in payment of any amount to be recovered under section 12, the Minister may issue a certificate to that effect, stating the amount due and payable including interest, if any, and the name of the person from whom the amount is due and payable and the amount shall constitute a debt due to Her Majesty in right of the Province.

13(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 in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.

13(3)All reasonable costs and charges attendant upon the filing, entering and recording of a certificate under subsection (2) shall be recovered in the like manner as if the amount had been included in the certificate.

OFFENCES

Offences under Act and regulations

14Every person who knowingly obtains or assists another person to obtain assistance to which that person or other person is not entitled under this Act or the regulations commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

Offences under Act and regulations

15Every person who violates or fails to comply with subsection 9(1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

Offences under Act and regulations

16A person who purchases or provides money in exchange for a voucher or who provides goods or renders services other than those specified in the voucher commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

Offences under Act and regulations

17(1)Subject to subsection (2), a person who violates or fails to comply with a provision of the regulations commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

17(2)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 20(t) commits an offence of the category prescribed by regulation.

Offences under Act and regulations

18Upon convicting a person for an offence under this Act or the regulations the court shall, if there is no subsisting, valid restitution agreement made with the Minister under subparagraph 12(1)(b)(ii) with which the person is in compliance and if no certificate has been entered and recorded under section 13, order the person to pay to the Minister or to the court for the benefit of the Minister, in addition to any penalty imposed, any amount received by the person under this Act or the regulations to which the person was not entitled and that has not been repaid to the Minister and, in default of payment, the person is liable to imprisonment for a term not exceeding three months.

Limitation period

19A prosecution for a violation of a provision of this Act or the regulations shall be commenced within three years from the date on which the Minister has actual knowledge of the violation.

REGULATIONS

Regulations

20The Lieutenant-Governor in Council may make regulations

(a) respecting the manner of making an application for assistance;

(b) respecting the classes of persons who are not eligible to apply for or receive assistance;

(c) respecting the information and the material that is to be furnished or disclosed before or while assistance is given, including the investigation of applications in order to determine the eligibility of applicants and their dependants and including establishing the completeness and accuracy of any information provided to the Minister or as testimony in a court, whether given under oath or not, in respect of applicants, recipients, former recipients or their dependants;

(d) respecting the confidentiality, the disclosure, the sharing and the procedure to be followed in the consideration of the information, documentation, other material and evidence concerning applicants, recipients, former recipients or their dependants that is collected, furnished, disclosed or given under this Act or the regulations;

(e) respecting the requirement that applicants, recipients or their dependants, as a condition of the giving or the continuation of assistance, assign to the Minister any future compensatory benefits from sources other than the Minister that may accrue to the applicants, recipients or dependants;

(f) respecting the obligations and rights of applicants, recipients and their dependants and of the Minister and the requirements, terms and conditions to be met by applicants, recipients and their dependants;

(g) respecting the circumstances in which obligations, requirements, terms or conditions under this Act or the regulations may be waived;

(h) describing persons, applicants, recipients, dependants, income, resources, changes of circumstance or other occurrences or other matters or things, by class, that are exempt from the application of subsection 9(1) or (2) or any other provision or portion of a provision of this Act or the regulations or authorizing the Minister to establish guidelines for that purpose;

(i) respecting the categories of financial, employment, training and educational needs in respect of which assistance may be given;

(j) respecting what constitutes income and resources and how their value is to be determined;

(k) respecting the amount, times and manner of giving, extent, variation and nature of assistance having regard to varying degrees of and categories of needs and qualifications, the units and categories of qualifications respecting which assistance may be given, any other circumstances in respect of those needs and qualifications and the availability of different forms of assistance;

(l) respecting the relocation of applicants, recipients and their dependants;

(m) providing for the termination of the Social Welfare Appeals Board as established under the Social Welfare Act, including providing for the revocation of appointments or designations, the nullification of all contracts, agreements and orders in relation to the appointment of any members of the Board or between the Board and others, the prohibition of proceedings arising in relation to the termination, the transfer of documentation, other information and materials, proceedings and other matters from the Social Welfare Appeals Board to the body, bodies, person or persons established or designated under paragraph (n), the completion of proceedings being held by the Social Welfare Appeals Board and any other matter or thing arising from the termination;

(n) respecting the establishment, composition and administration of a body or bodies, or the designation of a body, bodies, person or persons, to hear appeals under this Act and the regulations and the remuneration, compensation and reimbursement of, procedures to be followed by, conduct of hearings by, exercise of powers by, rendering of decisions by and any other matter in relation to the functioning of the body, bodies, person or persons in considering appeals;

(o) providing for the termination of a body established under paragraph (n) or the termination of the designation of a body or person designated under paragraph (n), including, with the necessary modifications, any matter or thing referred to in paragraph (m);

(p) respecting the grounds for making appeals under this Act and the regulations;

(q) respecting the payment of assistance to persons as trustees for the benefit of persons in need who are incapacitated through infirmity, illness or any other cause;

(r) respecting the responsibility for and recovery of any payment made to any person or the cost of any service provided in relation to any matter or thing coming within this Act or the regulations;

(s) respecting the initiation, carriage, conduct and settlement of claims and actions relating to matters or things referred to in paragraph (r), including the sharing of proceeds where the amount available or the amount collected in any recovery is not sufficient to satisfy all claims, the disclosure of information by parties, their insurers and other persons who may be liable, releases and subrogation rights;

(t) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

(u) respecting the establishment of boards to advise the Minister in relation to the provision of medical, financial, employment, training and educational services;

(v) respecting the manner of giving notice required to be given under this Act or the regulations;

(w) respecting forms for the purposes of this Act and the regulations;

(x) respecting fees for the purposes of this Act and the regulations;

(y) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(z) prescribing any thing required by this Act to be prescribed.

CONSEQUENTIAL

Consequential provision

21Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Social Welfare Act, it shall be read, unless the context otherwise requires, as a reference to this Act.

REPEALS

Repeals provision

22(1)The Blind Persons Allowance Act, chapter B-5 of the Revised Statutes, 1973, the Disabled Persons Allowance Act, chapter D-11 of the Revised Statutes, 1973, the Old Age Assistance Act, chapter O-3 of the Revised Statutes, 1973, the Senior Citizens Shelter Assistance Act, chapter S-6.1 of the Revised Statutes, 1973 and the Social Welfare Act, chapter S-11 of the Revised Statutes, 1973, are repealed.

22(2)New Brunswick Regulation 82-227 under the Social Welfare Act is repealed.

COMMENCEMENT

Commencement provision

23This 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 May 1, 1995.

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

F-2.01 - Family Income Security Act

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