INFODAS.COM March 2009 January 2009 INFODAS.COM
MARS2009
Newsletter
The Organisation for the Unemployed (ODAS-Montréal) DISHES
LEGAL INFORMATION ON LEGISLATION
FINANCIAL ASSISTANCE OF LAST RESORT (AID SOCIAL)
This text is the tenth piece of a series of texts to be produced on the new Quebec system of income support (financial assistance of last resort).
The comments do not in any way and in no way responsible for the ODAS-Montréal or of its author. This information given legal according to the legal documentation available. The use of published information command caution and discernment. Therefore, it is not legal advice or legal opinions. It is strongly recommended to consult, as appropriate, a professional resource to know their rights and be able to fully exercise the undertaking, where relevant, the nature of appropriate legal steps.
Some capsules legal information on the Act on assistance to individuals and families and the Regulations on helping individuals and families (Law and Regulation on aid social) which came into force on 1 January 2007.
I-APPLICATION FOR FINANCIAL ASSISTANCE OF LAST RESORT
ADMINISTRATIVE PROCEDURES
Following receipt of a notice of decision on the funding of last resort of the Ministry of Employment and Social Solidarity Québec, a person may, if it considers this unfair decision or non-compliant, contact the financial aid officer ultimately responsible for the dossier. It can provide additional explanations. Contact information for the agent are listed on the notice of decision.
If you are unable to reach the agent, it is possible to obtain information concerning his case by contacting the Center for Customer Communications Ministry of Employment and Social Solidarity of Quebec (as : (514) 873-4000 or 1-877-767-8773).
If after contacting the agent for financial assistance of last resort in charge, the officer may issue a new notice of decision.
If the agent refuses to reconsider his decision, he must contact the team leader of the official financial assistance of last resort or Director of the Centre local d'emploi (CLE) concerned. The coordinates of these people are the same as that officer's assistance.
If this does not give any positive results, it is suggested to contact the Office of Information and Complaints Department of Employment and Social Solidarity.
This Office can provide information on the status of his case and contact the financial aid officer to discuss the issue.
The coordinates of the Bureau are:
Office of Information and complaints
Department of Employment and Social Solidarity
425, rue Saint-Amable, RC175
Quebec (Quebec) G1R 4Z1
Tel: 1-888-643-4721
Fax: 1- (418) 643-4855
It is also possible to connect with the Office of Information and complaints via email. To access, simply fill out the form to appear on the website of the Ministry (www.mess.qc.ca). The form includes the following topics: name, email address, city, province, country, postal code, telephone (residence or office), fax, questions, comments and suggestions.
If your approach to the Information Bureau complaints and did not give a positive result, it is suggested to contact the Regional Directorate of the Ministry of Employment and Social Solidarity. It is possible to obtain the coordinates of the regional head of the local employment center with the decision made by contacting the Office of Information and Complaints Department or Services Quebec region. At this stage it is also possible to issue a new notice of decision.
If this remains unsuccessful, it is suggested to contact the MLA for the riding election in question. We can get the coordinates of the MPP with the Office of Services Québec (tel: 1-800-363-1363). The latter may intervene with the authorities of the Ministry so that we reassess the merits of the decision.
If the approach to the MPP gives no satisfactory result, it is suggested to contact the office of the Minister of Employment and Social Solidarity of Quebec political aide or the records manager of income security .
Office of the Minister of Employment and Social Solidarity
425, Saint-Amable, 4th Floor
Quebec (Quebec) G1R 4Z1
Tel 1- (418) 643-4810
Fax: 1- (418) 643-2802 Email
: ministre@mess.gouv.qc.ca
Office of the Minister for Employment and Social Solidarity
Tower Place Victoria
800, rue du Square-Victoria
28th Floor
Box 100 Montreal (Quebec)
H4Z
1B7 Phone (514)
873-0638 Fax: (514) 873-0004 Email
: ministre@mess.gouv.qc.ca
the minister's office, the political leaders attached files income security are : Mrs Claire
Rigazio
Email: @ claire.rigazio mess.gouv.qc.ca
Luc Archambault
Email: @ luc.archambault mess.gouv.qc.ca
If this does not work satisfactory It is suggested to contact the spokesperson of the official opposition in Employment and Social Solidarity or his political aide in charge of the issue of income security.
Monique Richard,
MP and Spokesman of the official opposition
In employment and social solidarity
Parliament Building 3 floor. Office 3.99
Québec (Québec) G1A 1A4
Phone 1- (418) 644-0655 Fax
1- (418) 643-1216 Email
: m.richard-mayo @ assnat.qc.ca
The name of the attached responsible political records of income security is Josée Jutras and his email address is: jjutras@assnat.qc.ca
Both the minister's office as the spokesman of the opposition may intervene with the local Center for Employment (CLE) concerned to reconsider the decision.
POINTS OF OMBUDSMAN
If all these efforts were unsuccessful positive, it is suggested to contact the Ombudsman of Quebec. The Department of Employment and Social Solidarity is subject to supervision of the Public Protector of Quebec. Therefore, the Ombudsman has the mandate and competence to receive written, telephone or email or in person, complaints about a financial aid package of last resort. The Ombudsman may also intervene with the authorities of the Local Employment Centre (CLE) has made the decision to reassess the merits.
The coordinates of the Ombudsman are:
Ombudsman Quebec
1080, Beaver Hall Hill
10th Floor, Suite 1000
Montreal (Quebec) H2Z 1S8
Tel: (514) 873-2032 or 1-800-463-5070
Fax: 1-866-902-7130 or ( 514) 873-4640 Email
: protecteur@protecteurducitoyen.qc.ca
APPLICATION FOR COMMUNICATION OF ITS RECORD
In some cases it may be wise to take his case to assess the validity of the decision. It is possible to make a request under the Act respecting Access to documents held by public bodies and the Protection of personal information. The Department of Employment and Social Solidarity of Quebec is subject to this law.
Under this law, it is possible to request a copy of administrative documents held by the Department or a copy of personal information that the department has gathered.
All applications must be directed to the responsible departmental access and privacy:
Pierrette Brie
Head Ministerial access and
The Privacy
Ministry of Employment and Social Solidarity
425, rue Saint-Amable, 4th Floor
Quebec (Quebec) G! R
4Z1 Phone: 1- (418) 643-4820
Fax: 1- (418) 643-1226
The manager must answer in principle within 20 days of receipt of the request access. This period may be extended by 10 days in some cases.
If the head refuses access to a document in whole or in part, it must render a reasoned written decision. In this case, it is possible to file an application for review with the Commission access to information, within 30 days from the date of decision.
Coordinates Commission access to information are:
Commission on Access to Information of Quebec
18,200
Office 500, boul. Rene Levesque West
Montreal (Quebec)
Tel: (514) 873-4196 or 1-888-528-7741
Fax: (514) 844-6170 Email
: @ Cai.Communications cai.gouv.qc.ca
You can consult the website of the Commission access to information at: www.cai.gouv.qc.ca
The exercise of these approaches do not fall under the obligation to exercise appropriate legal remedies in a timely imposed by law.
RIGHT TO BE REPRESENTED IN THESE STEPS OR ASSISTED
For each of these steps with the financial aid officer in charge, the team leader, director of the local Employment Center, Office information and complaints, the Regional Directorate of the Ministry of Employment and Social Solidarity, MLA, Minister for Employment and Social Solidarity and the spokesman of the official opposition in employment and solidarity, it is possible to be represented by proxy, by a person of his choice. A form of proxy is available on the website of the Ministry of Employment and Social Solidarity (www.mess.gouv.qc.ca) or with an organization that defends the rights of people on welfare.
It is therefore possible to be represented by someone from an advocacy group of people on welfare. To find the group closest to his residence, you must contact the Common Front of People on welfare in Quebec by phone (514) 987-1989 or the Popular Organization of Social Rights (OPDS-RM) by telephone ( 514) 524-6996.
REMEDIES
To challenge a decision by a financial aid officer of the Local Employment Centre (CLE) of the Ministry of Employment and Social Solidarity of Quebec for financial assistance of last resort in programs of social assistance and social solidarity, the law on assistance to families and provides two separate and successive actions:
The request for administrative review
Call
Note that the decisions Minister, under his discretion concerning the allocation of financial assistance last resort in situations of risk to health or risk of destitution and the notice of claim for financial assistance will be paid can be subject to such remedies.
Moreover, decisions made under the alternative youth programs and specific programs can be a request for administrative review or appeal. However, decisions made under these programs may be subject to reconsideration in the context of the administrative review procedure provided for in the Act on assistance to individuals and families and the Act administrative justice. Note that claims made under these programs may be a request for administrative review and appeal.
Decisions concerning active measures by Emploi-Québec including those relating to the activities listed in a journey towards integration, training and employment can not be a request for administrative review or a call. However, decisions made under these programs may be a further review in the context of the administrative review procedure under the Act respecting administrative justice.
mention that a decision by Emploi-Québec is to ask a participant of overpayments may be challenged through an application for administrative review.
APPLICATION FOR REVIEW ADMINISTRATIVE
The request for administrative review must be made in writing. It is suggested to use the form prescribed by the Minister. This form is available from the Local Employment Centre (CLE) or the Regional Directorate of the Ministry of Employment and Social Solidarity of Quebec or on its website (www.mess.gouv.qc.ca) .
This form is intended to provide information on the identity of the complainant (plaintiff), the contested decision, the subject of the request for review, the reasons for requesting the review. Moreover, the form used to specify, where appropriate, the identity of the lawyer or any person accompanying the applicant and if he wants to share his observations to the reviewer during a telephone interview.
Examples of reasons why it is possible to apply for administrative review on financial aid this year as part of assistance programs social solidarity and social
Refusal of a Request for financial assistance of last resort:
Decrease the amount of financial assistance;
Cancellation of financial assistance;
Denial constraints temporary employment related to health;
Denial of severe limitations to employment-related health
Refusal of an application for special benefits or the amount of the special benefit;
This request must be filed on or within 90 days from the date it was notified at Local Job Center who made the decision. We must keep proof of deposit.
Local Employment Centre (CLE) routes the request for administrative review at the Review Office of the Ministry of Employment and Social Solidarity, after study and analysis, makes a reasoned written decision. The Review Board is independent of the Local Employment Centre (CLE) who made the decision. The review board is bound by the directions of the Minister as to the interpretation of the Act and Regulations. The review board makes decisions on behalf of the Minister of Employment and Solidarity social. Upon receiving the request for review, the Office sends the applicant a receipt.
Exceptionally, it is possible to apply for administrative review even outside the time limits provided by law if we show we had an impediment to exercise its rights within the time specified. According to a ministerial directive, failure to act is established by showing that circumstances beyond the control of the provider were to deprive it of any opportunity to act sooner (eg illness). The ministerial directive specifies these circumstances must not depend on the provider and must be such that he only had no way to meet the deadline.
In this context, if the review board finds the application inadmissible on the grounds that the applicant has not demonstrated that he was not unable to act sooner, the applicant may appeal this decision before the Administrative Tribunal within 15 days from the date it was notified. If the Court reverses the decision, the case is returned to the Board of Review.
Anyone can be represented by a lawyer or can be assisted by another person (eg representative of a group defending the rights of unemployed people on welfare), in the process of an application for review with the Administrative Review Board Ministry of Employment and Social Solidarity of Quebec.
mention that under the Legal Aid Act any person who receives benefits for welfare or social welfare under a financial assistance program of last resort under the Assistance Act individuals and families are automatically eligible for assistance free legal advice. In addition, all applications for social assistance or social welfare services are automatically covered by the legal aid system. This person may be represented, at its option, by a permanent advocate of legal aid or a lawyer in private practice, accepting legal aid certificates. Professional fees of private counsel are determined and paid according to fee schedule appearing in the Regulation of lawyers' fees.
To qualify for legal aid, simply contact the local center of the legal aid closer to his residence and demonstrate, for purposes of eligibility, status of person receiving financial assistance program of last resort.
This proof of status can be established by presenting the claim slip (drug card) issued by the Ministry of Employment and Social Solidarity or a certificate furnished by the local employment center (CLE). On production of such evidence, the local legal aid issues a certificate of eligibility for legal aid. It must also provide notice of the decision rendered by the local Employment Centre (CLE) or other documents required for the cause.
To complete his case for eligibility for legal aid must provide the following information:
Name, address and date of birth;
code number assigned by the Ministry of Employment and Solidarity Quebec social;
The amount of benefits;
The social insurance number;
For additional information relating to legal aid, simply contact the Legal Services Board.
The coordinates of the Legal Services Commission are:
Commission Legal
2 Complexe Desjardins, East Tower, Suite 1404
Montreal (Quebec) H5B 1B3
Tel: (514) 873-3562
Fax: (514) 873-8762 Email
: info@csj.qc . ca
can also consult the website of the Legal Services Commission at: www.csj.qc.ca
As part of this administrative review, the Minister is not represented before the Review Officer because the latter is in fact his agent, established to review the decision of another official.
The assessment of the application for review administration is performed by a person designated by the Minister for Employment and Social Solidarity of Quebec. The law provides that a person who conducts an administrative review in the case of an application for eligibility for the allowance for temporary employment for health reasons must be a physician who is a member of the College of Physicians of Quebec. As to the recognition of severe limitations to employment for social solidarity program, a review is conducted by two persons one of whom must be a physician and the other a professional working in the field social (eg social worker).
The Review Office has, in principle, within thirty (30) days to conduct the study and analysis of the case to rule on the merits of the application for administrative review. This period and reduced to ten (10) working days in case the contested decision concerning a benefit reduced by more than fifty percent (50%).
If the Minister of Employment and Social Solidarity shall not proceed with processing the request for administrative review during a period of ninety (90) days, the Administrative Justice Act provides that a person may appeal directly to the Administrative Tribunal of Quebec (TAQ).
Following the filing of an application for administrative review and before transmission to the Board of Review, the Local Employment Centre (CLE) has issued the contested decision shall review internally the decision to whether that decision was made correctly. If the CLE concludes that the request for review is based, it changes the decision notice accordingly. Otherwise, the review process is underway. This is the preprocessing procedure.
The filing of an application for review administration does not suspend the execution of the contested decision notice. For example: reducing the provision of financial assistance will be maintained during the review process. There is one exception.
However, if the benefit is reduced by 50% or more and the review board does not render a decision within 10 working days from the date of filing the application for administrative review or the date of comments the applicant or the filing of documents in support of its request, the law provides for the restoration of the original amount of the benefit until the decision is made.
A ministerial directive, financial aid officer who made the challenged decision may put pressure to get the person who filed an application for administrative review to withdraw its request for review.
The hearing before the review board is often made by phone but it is also possible to have an interview with the revising officer. At the hearing, it is possible to make witnesses testify.
APPEAL TO THE ADMINISTRATIVE TRIBUNAL
The law provides for the right to appeal before the Administrative Tribunal of Quebec a decision by the Review Office of the Ministry of Employment and Social Solidarity of Quebec on a request for administrative review. The notice of decision of the Bureau for review must specifically mention the right of appeal.
The law provides the time limit for the appeal before the Administrative Tribunal of Quebec. This period is sixty (60) days from the date of notification of the decision. This is a strict limit and binding. Exceptionally, an appeal may be submitted after this period if the applicant demonstrates that he was inability to act sooner.
In particular, it is the social affairs division of the Administrative Tribunal of Quebec that deals specifically with the procedure relating to this Appeal for financial assistance of last resort. In principle, the Administrative Tribunal is composed of two (2) members one of whom must be a lawyer or notary. In the case of an evaluation of severe limitations to employment or temporary limitations to employment because of health, the second member of the Tribunal is a doctor.
The Administrative Tribunal of Quebec is independent of the Ministry Employment and Solidarity.
The Administrative Tribunal of Quebec was established under the Act respecting administrative justice of Quebec. Under this Act, the Administrative Tribunal of Québec is subject to the authority of the Minister of Justice of Quebec
Anyone can be represented by counsel throughout his proceedings before the Administrative Tribunal of Quebec.
In principle, any decision by the Administrative Tribunal of Québec is final and without appeal.
mention that it is possible for the Administrative Tribunal of Quebec, as part of an order under Administrative Justice Act, to reinstate the payment of a benefit of last resort financial assistance pending a court decision dealing with the appeal.
The Administrative Justice Act allows, through a petition for review, to revoke a decision already made by the Administrative Tribunal flawed substantive and procedural nature to invalidate. This petition for review under section 154 (3) of the Act respecting administrative justice, is processed by the Administrative Tribunal of Quebec
Under the Code of Civil Procedure, the Administrative Tribunal of Québec is subject to supervision of the Superior Court of Quebec.
So, in principle, any decision by the Administrative Tribunal of Québec may, under certain conditions, be subject to the power of judicial review of the Superior Court of Quebec. Specifically, the Code of Civil Procedure allows the Superior Court, in a motion in evocation, seek judicial review of the decision by the Administrative Court of Quebec.
To invoke the right of appeal to the Administrative Tribunal of Quebec, it is necessary filing an application instituting proceedings.
This duly completed and signed application must be sent by regular mail or fax to the Secretariat of the Administrative Tribunal of Quebec.
The law provides for the payment of any fee for filing the motion to institute proceedings.
The request contains information to identify the applicant and his solicitor (lawyer) if applicable, presented the protest, explained the purpose and reasons for the request. The petition must be signed by the applicant or his attorney (Lawyer). This application is available in a form available from the Secretariat of the Administrative Tribunal of Quebec.
order to effectively enforce its point of view, any person may obtain any documents from his file before the hearing of the Administrative Tribunal of Quebec.
As a quasi-judicial body, the Administrative Tribunal of Québec must ensure, in accordance with the principles of natural justice, any person with a public hearing and the right to a fair hearing.
Any decision rendered by the Administrative Tribunal of Quebec is retroactive to the date of the decision initially objected from the Local Employment Centre (CLE).
The decision of the Administrative Tribunal of Québec must be substantiated in writing. This decision becomes effective within 30 days after its date.
Failing to comply with this decision, it is possible to request approval of the competent court decision and the decision becomes enforceable as a final and without appeal of the court. Under the Civil Code of Quebec, this decision shall lapse ten years.
In the course of proceedings before the Administrative Tribunal of Quebec, the Act respecting administrative justice provides the ability to offer conciliation.
The conciliation procedure is not binding and non-injurious and revocable. It is, in principle, not binding because it is not mandatory and optional therefore requires the consent of all parties involved. It is not harmful because at any time, either party may withdraw without giving reasons or if conciliation fails and without prejudice to the rights of that party. In addition, parties refused to invoke the conciliation procedure may subsequently by mutual consent agree to submit to a meeting conciliation.
Conciliation may take place before the hearing or during the course of the hearing of the Administrative Tribunal of Quebec.
It is possible to be represented by counsel throughout the conciliation procedure. In this case, professional fees of private counsel who accepted the mandate of legal aid will be paid under the fee schedule shown Regulations on Legal Aid.
The conciliation session is held in camera.
information obtained or disclosed during a conciliation session remain confidential. Indeed, statements made or documents produced during a conciliation session may not be disclosed at a later hearing before the Administrative Tribunal of Québec or before any court.
Conciliation allows the parties involved to try to negotiate a settlement agreement and avoid a hearing before the Administrative Tribunal of Quebec. As part of this process, the mediator helps the parties communicate, negotiate, identify their interests and find a solution. The conciliator, not sitting as an administrative law judge has no authority to impose a solution.
If the parties negotiate a settlement agreement, the mediator should ensure that the agreement complies with the laws and regulations and prepare such agreement and approval by the Court, if necessary.
According to the Administrative Justice Act, the agreement reached following a conciliation session presided by a member of the Administrative Tribunal of Québec shall terminate the proceedings and is enforceable as a decision of the Tribunal. If such conciliation session presided over by a specially appointed lawyer, negotiated the agreement must be endorsed end by the Tribunal to become enforceable.
If the parties are unable to negotiate an agreement, the parties will be summoned to a hearing before the Administrative Tribunal of Québec unless the applicant decides to withdraw his appeal. In this case, the conciliator can not hear the case, as administrative judge at the Tribunal.
The conciliation procedure is separate from the settlement off-course.
II-USE OF ADMINISTRATIVE REVIEW PROCEDURE
PROGRAMS AND ALTERNATIVE YOUTH PROGRAMS SPECIFIC
According to the Law on helping people and families, a decision made under an alternative youth programs and specific programs can be a request for administrative review or appeal before the Administrative Tribunal of Quebec.
However, the Act on assistance to families and provides a decision made under alternative programs or youth programs may be subject to administrative review procedure. This administrative review process is to request reconsideration of the decision rendered by a competent authority.
It no formal requirement prescribed by the Minister for the request for administrative review. The Minister provides a form of complainants. This form is available free from a support worker employed by Emploi-Québec or the Regional Directorate of the Ministry of Employment and Social Solidarity of Quebec. This form contains various headings: identification of the applicant, the identification of local employment center, the object of the request for administrative review and the reasons for the request for administrative review. This form must be forwarded to the Regional Directorate in 30 days from the date of the decision. The decision in the administrative review is final and without appeal. This decision must be made within 30 working days following the filing of administrative review. The person assigned to study a request for administrative review is an officer of the department. According to a ministerial directive, that person may in no case be the same person who initially treated the case. This employee does not have the independence required in the processing of requests for administrative review. The administrative procedures related to the review law are entirely internal guidelines issued by the department. A complainant may obtain assistance from a support worker to employment in preparing its request for administrative review.
A ministerial directive, the complainant (or complainant) must have the ability to produce documents and discuss the reasons for his request for administrative review with the designated person who will conduct the administrative review of his case and cause of application. This obligation is specified in the ministerial directive in connection with the Act respecting administrative justice. This directive
Ministerial mentions that the phone or in person with the applicant is required unless the applicant requests that the review be done on a file review. This is the person designated to conduct the review must contact the applicant.
Nevertheless, they can carry out various administrative approaches to:
Ombudsman Quebec;
deputies to the National Assembly of Quebec's political
Cabinet Minister of Employment and Social Solidarity of Quebec;
COMMUNITY RESOURCES AVAILABLE
organizations defending the rights of welfare recipients has extensive expertise in promoting individual and collective rights. Many of these organizations publish newsletters and books on the extension system of income support (welfare). Feel free to consult for information and assist you in your efforts. To obtain the coordinates of the body closest to your residence, contact national groups: the Common Front of welfare recipients in Quebec (FCPASQ) by phone (514) 987-1989 or the Popular Organization of Social Rights ( OPDS-RM) phone (514) 524-6996.
CASE STUDIES ON THE APPLICATION FOR FINANCIAL ASSISTANCE OF LAST RESORT
Case # 1
Johanne, 30, since only a few days experiencing health problems which makes it important temporarily unable to work. At his last medical examination, his doctor gave him a medical report indicating that it is unable to work temporarily for a period of 6 months.
Johanne filed this report from its medical officer of financial assistance to a local employment center. After
review of medical records, the Ministry of Social Solidarity (welfare) it acknowledges the constraints temporary employment for a period of 3 months instead of 6 months as indicated in the medical report. It will thus for the next 3 months an allowance for temporary employment. Johanne
can it challenge the decision of welfare?
Yes. Johanne may challenge this decision if it files an application for administrative review with the section of the expertise of the medical and socio-professional review board of the Ministry of Social Solidarity in 90 days after the notice of decision. Johanne may send by mail or fax the request for administrative review. Johanne must keep proof of shipment. Johanne's interest to expedite the processing, file with the local employment center with a copy of its request for administrative review. The local employment center must acknowledge receipt of the filing of the document.
Case # 2
In his local employment center, Aline has encountered a support worker employed by Emploi-Quebec to ask for permission to participate in a training measure in order acquire computer technical skills.
After a lively discussion, support worker to employment makes the decision not to allow Aline to take this course in computer science.
Aline Can challenge this decision?
In legal terms, there is no recourse to challenge a decision by Emploi-Québec.
However, under the review procedure, it is possible to challenge a decision by a support worker employed by Emploi-Québec by filing a "Request for administrative review" with Emploi-Québec in thirty days following the date of the decision. Aline can use the form provided for that purpose. This request must include all grounds for administrative review (your story) since no hearing will be scheduled and that the review of the decision will be made solely on the basis of information contained in the record. The decision in the administrative review is final and without appeal.
Case # 3
Martin has just received notice of the decision of the Review Board of the Department of Employment and Social Solidarity concerning its request for administrative review. The decision of the Review Office is to the effect to uphold the decision made by the local employment center who refused to recognize him severely to use.
Martin can appeal the decision of the Review Board of the Department of Employment and Social Solidarity?
YES, Martin may challenge on appeal the decision of the Board of Review before the Administrative Tribunal of Québec within sixty days from the date he was notified of the decision.
An appeal to the Administrative Tribunal of Quebec is in the form "Application initiating proceedings" is available at the offices of the court and in the offices of the Small Claims Division of the Court of Quebec.
mention that the ruling of the Administrative Tribunal of Québec is final and without appeal.
Martin can be represented by counsel before the Administrative Tribunal of Quebec, including professional fees will be paid by the legal aid system.
Case # 4
Following his participation in an Emploi-Québec, Marco has just received its local employment center a notice of claim of Emploi-Québec for sums alleged to have him overpaid.
Marco
disagrees with the decision of Emploi-Québec. Marco
can challenge that decision by Emploi-Québec?
A decision to Emploi-Québec is to ask a participant of overpayments may be challenged through an application for administrative review. This request must be made before the review office of the Department of Employment and Social Solidarity within 90 days from the date the member received notice of the decision of Emploi-Québec.
Case # 5
Lucie is surprised. After filing its tax return from Quebec, she expected to receive the Department of Revenue of Québec a tax refund of $ 350. The Department of Revenue of Quebec informed in writing that his tax refund of $ 350 was affected by compensation, reimbursement of part of its debt to the Department of Employment and Social Solidarity.
Lucia intends to complain to the Ombudsman's office in Quebec because she believes that the practice of the Department of Revenue is contrary to the laws of Quebec.
Lucia said she right?
NO, the law authorizes the Department of Employment and Social Solidarity to ask the Department of Revenue of Quebec to withhold any provincial tax refunds due to any person who owes a debt to the welfare of affect the repayment of its debt. This withholding
interrupts prescription. Case # 6
Anne Letendre just received a notice of its decision to local employment center in which its financial aid officer, Mr. Lambert told him that she has become ineligible to receive welfare benefits last-resort financial (aid social) and that therefore his case is closed.
bedridden for several days and is therefore unable to attend to their usual activities, Anne asks her sister Mary Letendre to contact Mr. Lambert to rectify the situation.
Mary telephoned Mr. Lambert to ask for explanations regarding his decision notice. The latter refuses to provide some information whatsoever about the case of Anne.
The official alleged that he acts in accordance with the Law on Access to documents held by public bodies and the Protection of Personal Information and only Anne can legally have access to his file. Moreover, he adds that Anne can not authorize another person to have access to his record on welfare.
Mr. Lambert he is right to argue that Anne can not authorize a person of his choice to access their records?
NO, the law cited by Mr. Lambert allows Anne, by proxy to nominate a person of his choice (such as his sister) to be his representative to permit him to have access to his record of social assistance and to undertake any action necessary and required from the Ministry of Employment and Social Solidarity to regularize his file.
For reasons of proof (and invalidity), it is preferable that the power of Anne is writing. No particular form is required by the Civil Code of Quebec on the proxy. The latter can be received in the form notarized or as private proxy. The proxy need not be signed before witnesses.
Also, note that any attorney general notarial or private proxy is binding upon signature.
Equipped with a proxy written Maryse will be legally authorized to represent her sister Anne at the Ministry of Employment and Social Solidarity, and thus have access to the file of the latter.
For purposes of this case, here is the written instruction given by Anne Maryse.
CANADA QUEBEC MONTREAL
District
proxy
I, the undersigned, Letendre Anne, unemployed, residing and domiciled at 2020 University Street, apartment No. 15 in the city of Montreal in the province Quebec, appoints and is hereby, for my attorney, my sister, Mary Letendre, professor, residing and domiciled at 1515 University Street, in the city of Montreal in the province of Quebec.
To which, I give authority for and in my name
- To represent me at the Ministry of Employment and Social Solidarity to access my folder with the number 222 - 222-222.
- Make any statement or sign any document that can regulate my file.
- To deposit, if applicable, an application for review.
IN WITNESS WHEREOF, I have signed at Montreal, this 7th day March 2009.
Anne Letendre
Case # 7
Despite repeated requests from his agent and financial assistance to the charge of access to documents and protection of personal information from the Department of Employment and Social Solidarity, John is still unable to examine his record on welfare. John wants to complain. Jean
there a remedy?
YES, under the Act respecting Access to documents held by public bodies and the Protection of personal information, he may file a complaint by contacting writing to the Commission on Access to Information or by contacting the Office of Information and Complaints Department of Social Solidarity.
Case # 8
Recently Mario has received the decision of the Administrative Tribunal of Québec ordering him to reimburse the Ministry of Social Solidarity sum of $ 3 000. His lawyer told him that a decision of the Administrative Tribunal is final and without appeal. And therefore its actions in legal terms, are exhausted.
Still convinced of being a victim of an injustice, he thinks to ask the Minister of Employment and Social Solidarity.
Can he go to the Minister?
YES, the Act provides, in exceptional circumstances, the Minister of Employment and Social Solidarity, the power to suspend in whole or in part the recovery of an amount owed or grant a full or partial debt. This request may be made by Mario using a form that gets its local employment center. The local employment center can forward its request to the Minister or Mario can do it himself by routing it to the Office of Information and Complaints Department of Social Solidarity.
Case # 9
Yesterday morning, Gustav has been visited by an official auditor of welfare. The latter ordered him to have access to housing. Gustavus refused categorically.
Gustave had he the right to refuse admission to its housing to the investigating officer?
The Department of Employment and Social Solidarity and its representatives (and interviewers) must respect the rights recognized in the Charter of Rights and Freedoms of Quebec. Among the fundamental rights protected by the Charter, it is the right to respect for privacy and the inviolability home.
This means that a hearing officer has no right to enter the dwelling of a tenant (provider of social assistance) without his consent, or excavate or to walk or grasp objects in the housing.
However, a hearing officer with a search warrant issued by the Tribunal may have access to housing of a provider without their consent.
In our case, Gustave was within his rights not to grant access to its housing to the investigating officer.
Note that if a hearing officer without a search warrant has access to a home of a service without his consent, he may file a complaint with the Commission on Human Rights and Youth Rights in Quebec.
Case # 10
Martin has just received its service officer a notice stating that the decision should apply to the Régie des rentes du Québec payment of his early retirement pension as a former worker who is now 60.
Martin had found the decision unreasonable, he contacted his agent. The latter confirmed that he must apply for a retirement pension to the Pension Board and the amount of his pension will be deducted from his performance current welfare.
The decision of the Ministry of Employment and Social Solidarity is it lawful?
YES. The welfare system is a financial assistance program of last resort, a claimant or applicant for social assistance is required to invoke any available financial aid program or exercise its rights pursuant to legislation, adjudication, contract, a public plan that would affect his eligibility for social assistance or the establishment of the amount of his performance. Case # 11
Martin has signed the lease on her home. The owner (lessor) indicate that in case of non-payment of rent, he will address directly to the Department of Employment and Social Solidarity to be fully pay his rent.
Moreover, he adds that this procedure is extremely simple and fast because the Housing Authority did not intervene.
Martin wondered if the Act provides that legal action?
No, the law does not provide for this legal action.
Case # 12
Sylvie has problems with his financial aid officer welfare. She wishes to complain to his MP. She wondered if she should contact their MLA or MP's. Sylvie consults his cousin Manon, who is studying political science at Cegep. According
Manon is the MP who has jurisdiction (authority) to lobby the Ministry of Employment and Social Solidarity and its representatives.
To support his position, Manon said that under the relevant provisions of the Act of the British North America, social assistance falls within the exclusive jurisdiction the federal government.
Manon she right?
NO, the administration of social assistance falls within the exclusive jurisdiction of the provinces under the Act of the British North America.
So Sylvie must complain to their MPPs in the Quebec National Assembly to intervene with the Department of Employment and Social Solidarity.
CASE # 13
During a meeting with social workers working with people on welfare, one wonders if one can call a decision by the Administrative Tribunal of Quebec (TAQ).
After a very lively discussion, the group comes to conclusion that we can not appeal a decision of TAQ as the Act stipulates that this is a final and without appeal.
The conclusion is justified?
In principle, a decision of the Administrative Tribunal of Québec is final and without appeal.
However, the Act permits a decision to bring in evocation of the ATQ in the Superior Court of Quebec.
The Superior Court has a general supervisory power of the Courts lower.
mention that for any decision evocation Superior Court requires that the decision is tainted by the ATQ an error of law and unreasonable.
CASE # 14
John is dissatisfied with a decision of the Board of Review Department of Employment and Social Solidarity. He decided to appeal this decision before the Administrative Tribunal of Quebec (TAQ).
During his hearing before the ATQ, John is surprised by the behavior of a member of the Tribunal who can make offensive remarks against people on welfare.
Upon leaving the hearing, John said to himself that this behavior is unacceptable administrative judge or inexcusable.
John wants to complain to the authorities. Jean
there a remedy?
If yes, to what organization?
Jean has a remedy.
mention that any member of ATQ must respect the rules of conduct and duties prescribed by law and regulations. For example, an administrative judge must behave consistent with the requirements of honor, dignity and integrity of their duties.
Anyone involved in a case before the Administrative Tribunal of Quebec (ATQ) who believes that one of its members has committed a transgression may complain in writing to the Council of Administrative Justice.
The Council of Administrative Justice is responsible for receiving and investigating complaints about the conduct of members of the Administrative Tribunal of Quebec and recommend the appropriate sanction, if any.
To enter the Council of Administrative Justice, a complainant (in this case John) must submit the complaint in writing.
In his written complaint, John should indicate the following:
-his name-
address and telephone number;
-the member's name ATQ;
-the date when the offenses occurred;
-a statement of allegations;
-a statement of reasons the complaint. Jean
must accompany his written complaint of any relevant documents.
John must give its written complaint by post, the Council of Administrative Justice located at:
575, rue Saint-Amable Bureau
R.-C. 01
Quebec (Quebec) G1R 2G4
If the board finds the complaint admissible, it is a committee of inquiry to investigate the complaint and approve it and recommend the penalty to be imposed.
Subsequently, the committee shall send the council a copy of its investigation report and its findings to the member of the ATQ has been the subject of the complaint, the complainant and the Minister of Justice of Quebec.
Case # 15
Ghislaine is on welfare. She owes money to the Ministry of Education of Quebec for non payment of his student loan. In his last correspondence, the Ministry of Education informs that he will undertake all appropriate legal proceedings to recover the amount due.
Ghislaine
concerned that the Department of Education mandates the Department of Employment and Social Solidarity to make a restraint or seizure of part of its social assistance benefits to repay student loans.
Fears Ghislaine are they based?
The Department of Employment and Social Solidarity is not authorized to detain or seize a portion of a welfare benefit to repay the loan due to the Ministry of Education.
FREE LEGAL CLINIC
Legal Clinic UQAM
209, rue Sainte-Catherine East
Montreal (Quebec), Canada
Tel: (514) 987-6760 Local
V-R530
free and confidential service
www.cliniquejuridique.uqam.ca
Clinic Legal Information Mc Gill University Centre William Shatner
3480, Mc Tavish
McGill University Tel: (514) 398-6792
No appointment necessary
Monday to Friday from 9 am to 17 pm (this schedule is subject to change during the review periods and summer).
free and confidential service
Young Bar Association of Montreal
Program Legal Information: Me
I talk to my lawyer for young people aged between 12 and 20 years
the Montreal area.
Tel: (514) 954-3446
Wednesday between 16 h and 18 h
Service Request
free and confidential consultation to be completed on the website
Legal Advisory Services to Small Claims Court
Association Young Bar Association of Montreal
Free service by appointment only
At Courthouse
Montreal Tel: (514) 954-3487
Childcare criminal
Quebec Bar
Service consultation with a lawyer if
arrest 7 days on 7 and 24 hours on 24
Tel: (514) 954-3444
Legal Information Services of the Chamber of Notaries of Quebec
Tel: 514-NOTAIRE or 1-800-NOTAIRE
Communication Center with the Customer
From the Department of Justice of Quebec
Tel: 1-866-5365140
Email: informations@justice.gouv.qc.ca
DID YOU KNOW?
We want to remind you that the United Nations Assistance Unemployed (ODAS-Montréal) offer free to people on welfare as well as speakers and networking professionals institutional and community service information line the Quebec system of income support (welfare).
This service is available Monday through Thursday from 9: 30 am to 12 pm and 13 pm to 15 pm 30. At this service
compounded by individual meetings. For this service, simply make an appointment with Madame Claire Bouchard (tel: (514) 932-3926).
WEBSITE AND BLOG
Our organization has a website whose address is: www.cam.org/ ˘ odas http://odas-montreal.blogspot.com/:Sur and a blog site and this blog, there are various texts and documents dealing with administrative and legal support system Revenue Quebec.
Please visit our website and our blog.
Design and Drafting: Omer Coupal
Send by fax / mail: Hector Theriault
Omer Coupal
Computer Assistance: Claire Bouchard
Since its founding in 1985, the Organisation for the Unemployed (ODAS-Montréal ) is an independent community that assist people on welfare in the community, the West Island of Montreal.
The ODAS-Montréal is an organization administered and managed by persons duly elected by universal suffrage our members in general meeting.
The ODAS-Montréal maintains close links with the resources and significant institutional and community settings with local community service centers (CLSC), churches and support groups and solidarity.
The ODAS-Montréal is a member of the Common Front of welfare recipients in Quebec.
The ODAS-Montréal is an agency funded by United Way of Greater Montreal, the Secretariat for independent community action and social initiatives in Quebec and various religious communities.
