Canada Assistance Plan Regulations - Canadian Social Research Links

This copy of the Canada Assistance Plan Regulations is presented here for information only.

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Canada Assistance Plan Regulations
C.R.C., c. 382
[No amendments since 1986/07/09]

CANADA ASSISTANCE PLAN
Canada Assistance Plan Regulations (C.R.C., c. 382)

REGULATIONS UNDER THE CANADA ASSISTANCE PLAN

SHORT TITLE

1. These Regulations may be cited as the Canada Assistance Plan Regulations.

INTERPRETATION

2. (1) In these Regulations,

"Act" means the Canada Assistance Plan;

"Director" means the Director General, Canada Assistance Plan, Department ofNational Health and Welfare.

(2) For the purposes of the Act and these Regulations,

"budgetary requirements" means the basic requirements of a person and hisdependants, if any, and any other of the items and services described inparagraphs (b) to (h) of the definition "assistance" in section 2 of the Actthat, in the opinion of the provincial authority, are essential to the health orwell-being of that person and his dependants, if any; (besoins matériels)

"community development services" means services designed to encourage and assistresidents of a community to participate or to continue to participate inimproving the social and economic conditions of the community for the purpose ofpreventing, lessening or removing the causes and effects of poverty, childneglect or dependence on public assistance in the community; (services dedéveloppement communautaire)

"foster child" means a child whose parents are unable, in the opinion of theprovincial authority, to support him and who is cared for (by a person orpersons standing in loco parentis to him) in a private home approved as asuitable place of care by a child welfare authority or by a person designatedfor that purpose by the provincial authority; (enfant placé dans un foyernourricier)

"personal requirements" means items of a minor nature, other than the ordinaryrequirements of food, shelter, clothing, fuel, utilities and household supplies,that are necessary in day to day living to a person's health or well-being, and,without limiting the generality of the foregoing, includes items relating to

(a) personal care, cleanliness and grooming,

(b) the observance of religious obligations, and

"positions filled after March 31, 1965" in respect of the employment of personsby provincially approved agencies means positions filled for the first timeafter March 31, 1965 but does not include

(a) any such position where substantially all of the time spent in the ordinaryworking day in the performance of welfare services functions by the person whoholds that position is not, in the opinion of the Director, additional to thetotal time spent in the ordinary working day by employees of welfare agencies inperforming the same or similar welfare services functions in the province beforeApril 1, 1965, or

(b) any such position filled before April 1, 1965 by an employee of theGovernment of Canada performing welfare services functions in the NorthwestTerritories; (postes pourvus après le 31 mars 1965)

"wholly or mainly in the performance of welfare services functions" in respectof the employment of a person means the employment of that person in a positionwhere he is ordinarily occupied in the provision of welfare services during atleast 90 per cent of the ordinary working day. (uniquement ou principalementdans les fonctions relevant de services de bien-être social)

(3) For the purposes of the definition "positions filled after March 31, 1965"in subsection (2), "welfare agency" means any department of the government of aprovince, or any person or agency (including a private non-profit agency) in theprovince, that at any time on or after April 1, 1965 or at any relevant timeprior to that date provided welfare services in or aid to needy persons in theprovince, if the whole or any part of the cost of providing such services or aidhas been or is required to be shared or borne in any manner by the province orby a municipality in the province, and includes a provincially approved agency.

EXPRESSIONS DEFINED FOR THE PURPOSESOF PARTICULAR PROVISIONS OF THE ACT

3. For the purposes of

(a) section 5 of the Act, except paragraph (1)(a) and clause (1)(b)(i)(B)thereof, "cost to the province and to municipalities in the province" in a yearmeans payments made in the year

(i) by the province, and

(ii) by municipalities in the province,

and includes depreciation allowances, but does not include

(iii) payments by the province to municipalities in the province,

(iv) payments by municipalities in the province to the province,

(v) a payment made in the year by the province or by a municipality in theprovince in respect of the care of a person in any institution that is not ahome for special care, or

(vi) where a payment with respect to a depreciation allowance is made by theprovince to a municipality in the province or by a municipality in the provinceto the province, the whole of such payment;

(b) paragraph 5(1)(a) of the Act, "cost to the province and to municipalities inthe province" in a year means payments made in the year

(i) by the province, and

(ii) by municipalities in the province,

and includes

(iii) depreciation allowances, and

(iv) payments by way of assistance provided by or at the request of aprovincially approved agency to persons who were considered to be persons inneed and who are subsequently found to have been ineligible for all or part ofsuch assistance, where the provincially approved agency has implemented a planto prevent any such payments and to recover any such payments and the plan issatisfactory to the Minister or a person designated by him,

but does not include the payments referred to in subparagraphs (a)(iii) to (vi);

(c) paragraph 5(2)(a) of the Act, "capital cost" means a payment in respect ofthe purchase of land, buildings, furniture or equipment and includes adepreciation allowance, but does not include

(i) any payment in respect of the rental of a house, apartment or other shelterfor a person in need and his dependants, if any,

(ii) any payment in respect of the principal of a mortgage on a home owned by aperson in need or the interest on such mortgage,

(iii) any payment in respect of items incidental to carrying on a trade or otheremployment or special needs of any kind as described in paragraphs 4(a) and (b)respectively,

(iv) any payment in respect of the purchase of prosthetic appliances provided asa health care service to a person in need,

(v) a depreciation allowance for a year on a residential welfare institutionowned or operated by the government of a province or by a municipality in theprovince and on the furniture and equipment therein where

(A) the residential welfare institution is listed as a home for special care ina schedule to an agreement made under section 4 of the Act,

(B) a payment in respect of one or more of the following projects is made by theprovince or by a municipality in the province after March 31, 1966:

(I) the construction of or of an addition to the residential welfare institutionor the renovation of the institution,

(II) the conversion of a previously existing building to, or the acquisition ofa previously existing building to be used as, the residential welfareinstitution, or

(III) the furnishing of the residential welfare institution with furniture orequipment,

(C) each project described in clause (B), in respect of which an expenditure ismade by the province or by a municipality in the province after March 31, 1966,has been or is carried out in accordance with standards acceptable to theprovincial authority, and

(D) the depreciation allowance is based on the historical cost of theresidential welfare institution and of the furniture and equipment therein,

except that there shall be deemed not to be included as or as part of adepreciation allowance for the purposes of this subparagraph,

(E) where the depreciation allowance exceeds the amount that, according torecognized and generally accepted accounting practice, would be allowed for theyear as a depreciation allowance on the residential welfare institution and onthe furniture and equipment therein, the amount of such excess, or

(F) where the aggregate of

(I) the amount that would, but for this clause, be included as a depreciationallowance for the year on the residential welfare institution and on thefurniture and equipment therein for the purposes of this subparagraph, and

(II) the amounts included for previous years as a depreciation allowance on theresidential welfare institution and on the furniture and equipment therein forthe purposes of this subparagraph,

exceeds the aggregate of all payments made by the province and by municipalitiesin the province after March 31, 1966 with respect to projects described inclause (B), any amount that would cause the first-mentioned aggregate to exceedthe second-mentioned aggregate, and

(vi) where the home for special care is not owned or operated by a province or amunicipality in the province, daily, weekly, monthly or other periodic ratescharged by the home for special care in respect of a person in need residenttherein;

(d) paragraph 5(2)(b) of the Act, "capital cost or any plant or equipmentoperating cost" means every cost relating to the provision of welfare servicesother than a day-care service referred to in paragraph (h) but does not include

(i) payment of salaries, wages, honoraria and other kinds of remuneration,including payment of an employer's contribution in respect of a pension,unemployment insurance or workmen's compensation plan or scheme or otheremployee's benefit plan or scheme,

(ii) payment

(A) for research or consultation carried out on a contract or fee-for-servicebasis, and

(B) of operating costs of computer services including rental of equipment,where, as a result of such services, the province is able to provide to Canadasuch information on the administration and operation of the Act and on theprovincial law as the Director requires,

(iii) payment of travelling and related living expenses and allowances,

(iv) payment of registration fees for conferences and seminars, or

(v) payment of instructors and training institutions for the training of welfareservices' staff and payment of living allowances to such staff while receivingtraining,

where any such payment

(vi) is in respect of functions that are

(A) related to and essential for the provision and administration of welfareservices that are provided by a provincially approved agency at least oneemployee of which is ordinarily occupied on a full time basis in the provisionof welfare services, and

(B) under the direct control and responsibility of a provincially approvedagency, or

(vii) is in respect of administrative support services provided to aprovincially approved agency by a province or a municipality through a common orcentral service agency that is not designated as a provincially approved agency,which services relate only to the assembling, analyzing, classifying, recordingand reporting of data provided by a provincially approved agency;

(e) clause 5(1)(b)(i)(B) of the Act,

(i) "cost to the province" in the fiscal year of the province described insubclause (I) of that clause,

(A) means payments in that fiscal year by the province other than payments to amunicipality in the province, and

(B) in respect of welfare services in the Northwest Territories, includes thecost to Canada of providing those services, and

(ii) "cost to municipalities in the province" in the fiscal years of suchmunicipalities described in subclause (II) of that clause means payments made insuch fiscal years by the municipalities, but does not include any such paymentto the province;

(f) subsection 5(3) of the Act, "demonstration or research project" means

(i) a project that is designed to test, in a specified situation, theapplicability of new or modified methods of providing welfare services as ameans of improving such services, or

(ii) a project that is intended to make a contribution to knowledge bysystematically collecting, organizing and evaluating data relating to welfareproblems or matters by experimentally testing an hypothesis relating to suchproblems or matters,

where the project is to be completed within a specified time and has beenapproved as a demonstration project or as a research project pursuant to therules made by the Governor in Council for the purposes of the National WelfareGrants program;

(g) section 15 of the Act, "cost" of a work activity project undertaken in aprovince includes, in addition to the costs described in paragraphs 15(2)(a),(b) and (c) of the Act, the cost to the province or to municipalities in thatprovince of

(i) rental of equipment, including vehicles,

(ii) either the purchase of or the depreciation on any equipment mentioned insubparagraph (i), where the purchase thereof is more economical than its rentaland the cost thereof would normally be amortized during the life of the project,

(iii) materials that will be used and consumed in carrying out the project otherthan materials to be used in the construction of any new building,

(iv) rental of land or premises, and

(v) other operational costs related to the project,

where the cost is directly attributable to the work activity project, as set outin a project submission that is approved in writing by the Director prior to theincurring of the cost, but does not include any cost that Canada has shared oris required to share in any manner with the province or that Canada has borne oris required to bear pursuant to the Act or any other Act of Parliament passedbefore or after November 10, 1972; and

(h) paragraph 5(2)(b) of the Act, "capital cost or any plant or equipmentoperating cost" in respect of a day-care service means every cost relating tothe provision of such service but does not include

(i) costs referred to in subparagraphs (d)(i) to (v),

(ii) the cost of rental of equipment, including vehicles,

(iii) the cost of either the purchase of, or the depreciation on, any equipmentmentioned in subparagraph (ii) the cost of which is not in excess of $10,000 or,with the prior or subsequent approval of the provincial authority and theDirector, the cost of which exceeds $10,000,

(iv) the cost of materials that will be used and consumed in the course of theoperations of the day-care service,

(v) the cost of rental of land or premises, or the cost of depreciation on anysuch premises,

(vi) other operational costs that are directly attributable to the operation ofthe day-care service, or

(vii) any cost that Canada has shared or is required to share in any manner withthe province or that Canada has borne or is required to bear pursuant to the Actor any other Act of Parliament passed before or after November 10, 1972.SOR/86-679, s. 1.

MATTERS PRESCRIBED FOR THE PURPOSESOF PARTICULAR PROVISIONS OF THE ACT

4. For the purposes of paragraph (b) of the definition "assistance" in section 2of the Act,

(a) the following are prescribed as "items incidental to carrying on a trade orother employment":

(i) mandatory licences,

(ii) fees or permits,

(iii) special clothing, or

(iv) tools and other equipment essential to obtain or continue in employment,

where the licence, fee, permit, clothing, tool or other equipment is notordinarily supplied to or obtained for the person in need by the employer at theemployer's expense and is not readily obtainable by the person in need fromother sources at no cost to him, but not including (except for the purposes ofclause 5(1)(b)(i)(B) of the Act) any item where the cost of providing orproviding for that item exceeds $5,000 in a year, unless, either before or afterthe item is provided or provided for, the provincial authority and the Director,or other person designated by the Minister for the purpose, approve the item;and

(b) the following are prescribed as "special needs of any kind":

(i) any item necessary for the safety, well-being or rehabilitation of a personin need, including,

(A) essential household equipment and furnishings,

(B) essential repairs, alterations and additions to property,

(D) counselling and civil legal aid,

but not including (except for the purposes of clause 5(1)(b)(i)(B) of the Act)any item where the cost of providing or providing for that item exceeds $5,000in a year, unless, either before or after the item is provided or provided for,the provincial authority and the Director, or other person designated by theMinister for the purpose, approve the item,

(ii) where they are necessary for the safety, well-being or rehabilitation of aperson in need, any of the following items, namely

(A) special food or clothing,

(B) telephone, or

(iii) special care necessary for the safety, well-being or rehabilitation of ahandicapped person in need. SOR/80-542, s. 1; SOR/86-679, s. 2.

5. For the purposes of paragraph (g) of the definition "assistance" in section 2of the Act, the following welfare services are prescribed:

(a) rehabilitation services,

(b) case work, counselling and assessment services, and

where the services are purchased on a fee-for-service or unit cost basis withrespect to a person described in paragraph (a) of the definition "person inneed" in section 2 of the Act.

6. For the purposes of paragraph (h) of the definition "assistance" in section 2of the Act,

(a) the following are prescribed as "other prescribed needs of residents orpatients in hospitals or other prescribed institutions", namely, needs of anysuch person not ordinarily provided for as part of care in the hospital or otherprescribed institution in which the person is a resident or a patient; and

(b) the following are prescribed as "other prescribed institutions" namely,

(i) homes for special care, and

(ii) tuberculosis sanitoria.

7. For the purposes of the definition "health care services" in section 2 of theAct, the following are prescribed as other hospital care services that are notincluded in that definition, namely, care ordinarily provided in

(a) mental hospitals, or

(b) tuberculosis hospitals or sanitoria.

8. For the purposes of the definition "home for special care" in section 2 ofthe Act, the following kinds of residential welfare institutions are prescribedfor the purposes of the Act as homes for special care:

(a) homes for the aged,

(b) nursing homes,

(d) child care institutions,

(e) homes for unmarried mothers, and

(f) any residential welfare institution the primary purpose of which is toprovide residents thereof with supervisory, personal or nursing care or torehabilitate them socially,

the standards of which (except for the purposes of clause 5(1)(b)(i)(B) of theAct) are, in the opinion of the provincial authority, in accordance with thestandards generally accepted in the province for residential welfareinstitutions of that kind.

9. For the purposes of the definition "municipality" in section 2 of the Act,any local government body established by or under a law of a province for thepurpose of administering assistance or welfare services programs is prescribedfor the purposes of the Act as a municipality.

10. For the purposes of the definition "welfare services" in section 2 of theAct, the following are prescribed as other matters that are not included in thatdefinition:

(a) health care services;

(b) services relating wholly or mainly to recreation; and

MODIFIED DEFINITIONS OF "WELFARE SERVICES" AND"WELFARE SERVICES PROVIDED IN THEPROVINCE" FOR CERTAIN PURPOSES

11. (1) For the purposes of clause 5(1)(b)(i)(B) of the Act,

(a) the definition "welfare services" as set out in section 2 of the Act ismodified as follows:

(i) the definition "assistance" as set out in section 2 of the Act shall be readas though

(A) for the expression "person in need" or any equivalent or like expression,wherever it appears in the said definition or in a regulation defining orprescribing anything for the purposes thereof, there were substituted theexpression "needy person", and

(B) for the expression "provincially approved agency", wherever it appears inthe said definition or in a regulation defining or prescribing anything for thepurposes thereof, there were substituted the expression "welfare agency", and

(ii) the definition "home for special care" as set out in section 2 of the Actshall be read as though the words "and that is listed in a schedule to anagreement under section 4" were deleted therefrom; and

(b) the definition "welfare services provided in the province" as set out insection 2 of the Act shall be read as follows:

"welfare services provided in the province" means welfare services provided inthe province pursuant to a law of the province to or in respect of needy personsor persons who are likely to become needy unless such services are provided.

(2) In this section, "welfare agency" means any department of the government ofa province, or any person or agency (including a private, non-profit agency) inthe province, that at any time in the period commencing April 1, 1964 and endingMarch 31, 1965 provided welfare services or aid to needy persons in theprovince, if the whole or any part of the cost of providing such services or aidhas been shared or borne in any manner by the province or by a municipality inthe province.

ELECTION BY A PROVINCE

12. An election by a province under paragraph 5(1)(b) of the Act shall be madeby the province

(a) in respect of any year preceding the year in which an agreement undersection 4 of the Act is made with the province, by notice in writing to theMinister when the agreement is signed by the province, or

(b) in respect of the year in which the agreement is made with the province, bynotice in writing to the Minister on or before the day on which a claim for acontribution or an advance on account thereof is made by the province in respectof that year,

and the election made by the province pursuant to paragraph (b) shall apply inrespect of any year subsequent to the year specified in paragraph (b), unlessthe province, on or before March 31st of the year preceding the subsequent year,changes its election in respect of the subsequent year by notice in writing tothe Minister.

CLAIMS FOR CONTRIBUTIONS AND ADVANCES

13. (1) Where a contribution is payable to a province in respect of any year,the province shall deliver to the Minister a statement, in a form satisfactoryto the Minister, showing

(a) the cost to the province and to municipalities in the province in the yearof assistance provided by or at the request of provincially approved agencies,and

(b) in accordance with the election made by the province for the year underparagraph 5(1)(b) of the Act, either

(i) the cost to the province and to municipalities in the province in the yearof welfare services provided by the provincially approved agencies, or

(ii) the cost to the province and to municipalities in the province in the yearof the employment by provincially approved agencies of persons employed by suchagencies

(A) wholly or mainly in the performance of welfare services functions, and

(B) in positions filled after March 31, 1965,

determined in accordance with the Act, the agreement with the province and theseRegulations, and the province shall deliver to the Minister such otherinformation in respect of clause 5(1)(b)(i)(B) of the Act or in respect of anyother matter as the Minister may request the province to provide for the purposeof determining the amount of the contribution payable to the province for theyear.

(2) The statement referred to in subsection (1) and such other information asthe Minister may request the province to provide for the purpose of determiningthe amount of the contribution payable to the province for the year shall bedelivered by the province,

(a) where the year to which the statement relates is the year in which theagreement with the province was signed by the province or a year ending afterthat year, as soon as practicable after the end of such year and, in any event,within one year after the end of such year or within such further period as theMinister may agree to, or

(b) where the year with respect to which the statement relates ended before theyear in which the agreement with the province was signed by the province, assoon as practicable after the agreement is signed by the province and, in anyevent, within one year after the agreement is signed by the province or withinsuch further period as the Minister may agree to,

and shall be certified as to the correctness of the information shown therein bythe provincial auditor, or other auditor designated by the provincial authorityand acceptable to the Director, and by the provincial authority.

(3) Upon the certificate of the Minister that the statement required and anyinformation requested under subsection (1) for the purpose of determining theamount of the contribution payable to the province for the year have beenreceived, the Minister of Finance shall pay to the province an amount equal tothe contribution payable to the province in respect of the year minus the totalof any advances paid to the province on account of such contribution.

(4) Notwithstanding subsection (3), where the total of any advances paid to aprovince on account of the contribution payable to the province in respect ofthe year exceeds the contribution payable to the province in respect of thatyear,

(a) no amount shall be paid to the province pursuant to subsection (3) inrespect of that year; and

(b) an amount equal to the amount of such excess shall be paid forthwith toCanada by the province and, in the event that it is not so paid, such amount maybe recovered at any time by Canada as a debt due to Her Majesty in right ofCanada by the province or may be retained, in whole or in part, by the Ministerof Finance out of any contribution or advance on account thereof subsequentlypayable to the province.

(5) A province may obtain an advance on account of contributions for any monthin a year in respect of which a contribution is payable to the province bydelivering to the Minister a statement, in a form satisfactory to the Minister,showing

(a) the cost to the province and to municipalities in the province in theprevious month of assistance provided by or at the request of provinciallyapproved agencies, and

(b) in accordance with the election made by the province for the year underparagraph 5(1)(b) of the Act, either

(i) the cost to the province and to municipalities in the province in theprevious month of welfare services provided by provincially approved agencies,or

(ii) the cost to the province and to municipalities in the province in theprevious month of the employment by provincially approved agencies of personsemployed by such agencies

(A) wholly or mainly in the performance of welfare services functions, and

(B) in positions filled after March 31, 1965,

determined in accordance with the Act, the agreement with the province and theseRegulations, and by delivering to the Minister such other information as he mayrequest the province to provide for the purpose of determining the amount of theadvance for the month.

(6) Upon the certificate of the Minister that the statement required and anyother information requested under subsection (5) for the purpose of determiningthe amount of the advance payable to the province for the month have beenreceived, the Minister of Finance shall, on or after the 20th day of the month,pay to the province for the month out of the Consolidated Revenue Fund, as anadvance on account of the contribution payable to the province for the year inwhich the month occurs, an amount equal to

(a) one-twelfth of the most recent estimate made by the Minister of thecontribution to which the province is entitled for that year

minus

(b) any amount by which the aggregate of the advances paid in respect of priormonths in that year exceeds that portion of the estimated contribution payableto the province relating to those prior months.

(7) A statement submitted by a province pursuant to subsection (5) shall becertified by the provincial authority as to the correctness of the informationshown therein.

(8) In this section, the words "contribution" and "agreement" have the samemeaning as in Part I of the Act.

CLAIMS RELATING TO WORK ACTIVITY PROJECTS

14. (1) Where an amount is payable to a province in respect of the cost in anyyear of a work activity project, the province shall deliver to the Minister

(a) a statement, in a form satisfactory to the Minister, showing the cost to theprovince and to municipalities in the province in that year of the work activityproject determined in accordance with the Act, with the agreement made undersection 15 of the Act and with these Regulations; and

(b) such other information as the Minister may request for the purpose ofdetermining the amount payable to the province for that year.

(2) The statement referred to in subsection (1) and such other information asthe Minister may request for the purpose of determining the amount payable tothe province for the year shall be delivered by the province,

(a) where the year to which the statement relates is the year in which theagreement with the province under section 15 of the Act was signed by theprovince or a year ending after that year, as soon as practicable after the endof such year and, in any event, within one year after the end of such year orwithin such further period as the Minister may agree to, or

(b) where the year to which the statement relates ended before the year in whichthe agreement with the province under section 15 of the Act was signed by theprovince, as soon as practicable after the agreement is signed by the provinceand, in any event, within one year after the agreement is signed by the provinceor within such further period as the Minister may agree to,

(3) Upon the certificate of the Minister that the statement required and anyinformation requested under subsection (1) for the purpose of determining theamount payable to the province for the year have been received, the Minister ofFinance shall pay to the province the amount payable to it in respect of theyear to which the statement relates minus the total of any advances paid to thatprovince on account of such amount.

(4) A province may obtain an advance for any month on account of the amountpayable to it in any year by delivering to the Minister

(a) a statement, in a form satisfactory to the Minister, showing the cost to theprovince and to municipalities in the province for the month in that year inrespect of which an advance is requested; and

(b) such other information as the Minister may request for the purpose ofdetermining the amount of such advance.

(5) Upon the certificate of the Minister that the statement required and anyinformation requested under subsection (4) for the purpose of determining theamount of the advance payable to the province for the month have been received,the Minister of Finance shall pay out of the Consolidated Revenue Fund to theprovince as an advance on account of the amount payable to the province for theyear in which the month occurs, an amount equal to one-twelfth of the amount towhich the province would be entitled for that year if the cost to the provinceand to municipalities in the province referred to in subsection (4) wereprojected on an annual basis.

(6) Where the total amount of advances paid to a province in any year pursuantto subsection (5) exceeds the amount payable to the province in respect of thatyear, an amount equal to the amount of such excess shall be paid forthwith toCanada by the province and, in the event that it is not so paid, such amount maybe recovered at any time by Canada as a debt due to Her Majesty in right ofCanada by the province or may be retained, in whole or in part, by the Ministerof Finance out of any amount payable or advance on account thereof subsequentlypayable to the province.

PROVISIONS TO BE INCLUDED IN AGREEMENTS

15. An agreement made under section 4 of the Act shall

(a) provide that the province will ensure the maintenance and availability forexamination and audit, for a period to be specified in the agreement, by theMinister or any person designated by the Minister of the following records andaccounts:

(i) records and accounts relating to the determination of contributions payableto the province pursuant to section 5 of the Act, and

(ii) records relating to the determination of whether a person is a person inneed or a person who is likely to become a person in need unless welfareservices are provided to him and to the assistance, if any, provided to such aperson;

(b) provide that the province will, on and after the effective date of theagreement, in determining whether a person is a person in need, obtain from thatperson or from a responsible person on his behalf an application for assistancein a form satisfactory to the provincial authority; and

(c) provide that, in taking into account a person's income and resources asrequired by any provision of the Act or the agreement, the province maydetermine the income and resources of such person on a daily, weekly, monthly orother periodic basis acceptable to the provincial authority.

16. An agreement under section 15 of the Act shall provide that the provincewill ensure the maintenance and availability for examination and audit, for aperiod to be specified in the agreement, by the Minister or any persondesignated by him, of the following records and accounts:

(a) records and accounts relating to the cost of each work activity project;

(b) records and accounts relating to the determination of amounts payable to theprovince pursuant to section 16 of the Act; and

(c) records relating to the determination of whether a person is a person inneed or a person who is likely to become a person in need unless welfareservices are provided to him and to the cost, if any, of participation of thatperson in a work activity project.

INDIAN WELFARE

17. For the purposes of subsection 11(2) of the Act, the consent of the councilof an Indian band shall be signified by delivery to the Minister of IndianAffairs and Northern Development and to the provincial authority of a copy of aresolution of that band, certified by the chief of the band and another memberof the council of the band, authorizing the consent to be so signified.

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