Frequently Asked Questions

You will have to repay any overpayment you received from EIA even if the overpayment was EIA’s mistake. If EIA thinks you didn’t know you were getting an overpayment, they may not ask you to repay it. EIA will reduce the amount of your monthly payments until the overpayment is paid back. The rate of monthly deductions depends on the size of your household:

• 1 person: $50
• 2 persons: $70
• 3 persons or more: $90

You can negotiate with EIA if these pay back amounts are causing you undue hardship.

Victims of crime are recognized in the federal corrections and parole process. They will be kept informed of an offender’s prison and parole status, if requested. Information from victims can be considered at a parole hearing at the discretion of the National Parole Board. Also, victims can apply for financial assistance to attend the Parole Board hearings of their offender.

The person asking for a without notice hearing must completely disclose all relevant facts at the hearing. This includes facts that are more beneficial for the other party and which may assist their case. The positions of both sides should be represented. If they fail to do this, the other party may ask to have the order set aside on that ground.

If EIA denies your application, you will receive a letter telling you this and telling you why you were denied. This letter will also explain how to appeal EIA’s decision. If you wish to appeal their decision, you must do so within 30 days of receiving the letter.

To appeal the decision:

• Either write a letter or fill out a Notice of Appeal explaining why you feel the decision was wrong and why you feel you are entitled to assistance.
• Make sure you sign the letter/Notice of Appeal.
• Include your name, address, and a phone number where messages can be left.
• Mail, fax, or drop off the letter/Notice of Appeal to the Social Services Appeal Board:
  • The Social Services Appeal Board
  • 7th Floor, 175 Hargrave Street
  • Winnipeg, MB R3C 3R8
  • Phone: (204) 945-3003 or (204) 945-3005
  • TTY: 204-948-2037
  • Toll Free (outside Winnipeg): 1-800-282-8069
  • Fax: (204) 945-1736

You can use this same process to appeal other EIA decisions, for example if your payments have been reduced or suspended. If you have any other questions about the appeal process, contact the Social Services Appeal Board. Legal Aid Manitoba’s Advocacy Unit or The Community Unemployed Help Centre, a non-profit agency, may also be able to help with your appeal.

Resources:

• Legal Aid Manitoba – Advocate Unit
  • 100 – 287 Broadway
    
  • Winnipeg, MB R3C 0R9
    
  • Phone:  204-985-8540, Toll-Free:  1-800-261-2960
  • Fax:  204-985-8544
  • EIA matters: 
• Community Unemployed Help Centre
  • 501-275 Broadway
  • Winnipeg, Manitoba R3C 4M6
  • Phone: 204-942-6556
  • Toll Free: 1-866-942-6556
  • Email:

If you find yourself suddenly unable to meet your basic needs and cannot wait to apply for assistance, you may be eligible for short term emergency assistance (lasting no more than 14 days). Emergency assistance could include bus tickets, a food voucher, shelter, and medication. You may be able to receive emergency assistance even if you are not able to apply for EIA normally, but this depends on circumstances.

If you have a crisis that cannot wait until regular business hours, you can call EIA:

• (204) 945-0183 (24-hour line)
• 1-866-559-6778 (toll-free outside Winnipeg)
• 1-800-855-0511 (Manitoba Relay Service)

To make sure that you receive notification when the will is filed into court you can file a caveat (Form 75A) with the Probate Division of the Court of King’s Bench.  A caveat remains in effect for one year but you can file a new caveat at that time.

The Notice of Motion to Vary or Notice of Application to Vary and Affidavit must be served on the other party in person. This is the same requirement as for service of initiating documents such as a Petition or Petition for Divorce. You can get a process server, family member, or friend to deliver the documents and fill out an Affidavit of Service (Form 70I or 16B).

The Canada Revenue Agency (CRA) may call you if they need to discuss your tax or benefit situation—for example, if you owe taxes, did not file a tax return, or . However, there are many scams out there involving a caller who pretends to be from the CRA in order to get personal or financial information from you.

Before giving any personal or financial information to a caller, you should first verify that they are actually calling from the CRA. To do this, you should:

• Ask for their name, phone number, and office location
• Check that the call you received was legitimate by contacting the CRA yourself and verifying the information the caller gave you.

There are also some “red flags” to look out for that could indicate the caller is a scammer. These include:

• The caller is asking you to pay with gift cards or cryptocurrency (like Bitcoin)
• The caller is asking you for information that would not be included on a tax return (such as a credit card number)
• The caller is contacting you by email, or asking you to respond by email. CRA will never ask you to provide personal information by email.
• The caller is telling you you must pay taxes on lottery or sweepstakes winnings.

For more information and other things to look out for, visit the Canada Revenue Agency website here.

When Parliament is dissolved, all Parliamentary business before the House of Commons and the Senate ends, and an election must be held.

Parliament is dissolved by the Governor General. The Governor General issues three proclamations to dissolve government, which appear in the Canada Gazette (the Government of Canada’s official newspaper):

• A proclamation saying Parliament is dissolved
• A proclamation setting dates for an election
• A proclamation setting the date for the new Parliament to meet after the election.

Under the Constitution, Parliament expires every 5 years, unless the House of Commons extends it (for example, in times of war, invasion, or insurrection). This means that if the Governor General does not dissolve Parliament within 5 years, Parliament automatically dissolves. The Canada Elections Act restricts this even further, so that elections must normally be held every 4 years.

The Governor General has the power to dissolve Parliament at any time. This might happen, for example, if Members of Parliament agree that the Prime Minister is no longer fit to lead, or if the government’s budget does not pass in Parliament. Normally, however, the Governor General dissolves Parliament at the Prime Minister’s request.

You can access your credit history by contacting Equifax Canada at 1-800-465-7166 (equifax.ca) or Trans Union Canada at 1-800-508-2597 (www.transunion.ca).

You can appeal the decision of a Master to a judge of the Family Division by filing and serving a Notice of Appeal from a Master (or Registrar or Assessment Officer) to a Judge within 14 days after the order, certificate, or decision is signed. Your Notice of Appeal must set out what you are asking the court for (relief) and what your grounds are for the appeal.

Next Steps:

1. File a Notice of Appeal (Form 62A) in the court centre where your file is located:

https://web2.gov.mb.ca/laws/rules/form_2e.php?form=62A

2. Serve the Notice of Appeal on all the parties whose interests may be affected by the appeal.

3. File an appeal brief and serve it on all interested parties within 60 days after the Notice of Appeal is filed.

4. You must obtain a contested hearing date from the Registrar and file and serve a Notice of Hearing Date (Form 62B) within 30 days of filing and serving the appeal brief: https://web2.gov.mb.ca/laws/rules/form_2e.php?form=62B

To get a Peace Bond, you must apply through the Provincial Court. In Winnipeg, the Provincial Court is downtown at 408 York Avenue. Outside Winnipeg, go to your nearest court office of RCMP Detachment. At the court office, ask to speak to a magistrate about a Peace Bond. The magistrate will listen to you and write down your reasons for wanting a Peace Bond. You will then be asked to sign a document called an information, which is your sworn statement about why you fear for your safety. This document will set a date for a court hearing.

If you have been the victim of domestic violence or stalking you can apply for a protection order without notice to your partner. You can either go to the local court office and ask to speak to a magistrate about a protection order, or speak to a lawyer about applying for an order on your behalf. You will be required to submit written information about your partner’s behaviour and why you fear for your safety.

You have to file an Application to Register a Charity under the Income Tax Act. The forms and further information can be obtained by contacting the Charities Directorate at 1-800-267-2384 or at https://www.canada.ca/en/services/taxes/charities.html.

If you have a long-term physical or mental disability (lasting longer than 90 days) that keeps you from earning enough income to pay for your needs, you may be eligible for EIA under the disability category. You will have to provide evidence of your disability, such as a doctor’s note. A panel will decide whether you qualify.

If you do not qualify for EIA under the disability category, you may still qualify under another category.

EIA also provides assistance with helping disabled individuals find work. For more information, email or call:

• • Winnipeg: (204) 945-0575
  • Outside Winnipeg: 1-866-332-5077
  • TTY/TDD Relay Service: 711 or 1-800-855-0511

First, you will need to contact EIA to set-up an appointment. EIA will invite you to attend a Pre-Intake Orientation (PIO), they will also set-up an Intake Appointment for you.

The Pre-intake Orientation will give you information about how to fill out your EIA application and will provide you with a package containing an application, job plan forms, checklists and other materials. You should fill out these forms on your own time and bring them with you to your Intake Appointment.

During your Intake Appointment an EIA worker will go over your information and decide if you qualify for social assistance or not.

If you are married or in a common-law relationship, you and your partner must apply for EIA together.

Next Steps:

More information about your application is available online.

Contact EIA to set-up an appointment or ask questions:

• (204) 948-4000 (in Winnipeg)
• 1-877-812-0014 (outside Winnipeg)
• 1-800-855-0511 (if you are deaf or hard of hearing)

If you want, you can ask a friend or family member to help you talk with EIA.

You must file a Notice of Motion to Vary (Form 70H) or a Notice of Application to Vary (Form 70G) depending on the order that you are applying to change. A Notice of Application to Vary is filed when you are trying to change an order made in another province under the Divorce Act. A Notice of Motion is filed when you are trying to change a Manitoba order. Also, you have to file an Affidavit (Form 4D) in support of the motion. You may also need to file a Financial Statement (Form 70D).

The Court of King’s Bench Forms

http://web2.gov.mb.ca/laws/rules/forms_e.php

You must file a Notice of Motion to Vary (Form 70H) or a Notice of Application to Vary (Form 70G) depending on the order that you are applying to change. A Notice of Application to Vary is filed when you are trying to change an order made in another province under the Divorce Act. A Notice of Motion is filed when you are trying to change a Manitoba order. Also, you have to file an Affidavit (Form 4D) in support of the motion. You may also need to file a Financial Statement (Form 70D).

• King’s Bench forms: http://web2.gov.mb.ca/laws/rules/forms_e.php

You must apply within 20 days of being served with a protection order to set aside the protection order. You need to file a Notice of Application and Affidavit at the court office where the order was granted.

Court forms can be obtained at the Law Courts Building at 408 York Avenue in Winnipeg or online at http://web2.gov.mb.ca/laws/rules/forms_e.php

You can file your own affidavit, providing your own statements of fact and version of events in response to the allegations in the other side’s affidavit. In addition, you can do a cross-examination on the other side’s affidavit. To start a cross-examination you must have filed all of your affidavits and have completed any other examinations. The evidence provided by the person who is cross-examined can be used at trial. If a hearing or trial date is set, you must order transcripts for the court and the other party. You must also provide the other party with a free copy and pay any costs associated with the cross-examination to the other party, such as travel expenses.

By Phone

204-985-8511

Toll-Free 1-866-800-8056

On-Line

On-line Application 

Application Centres

Winnipeg:

Phone:  (204) 985-8500 or 1-800-261-2960

Monday and Tuesday:  12:30 to 4:00 pm

Wednesday and Thursday: 1:30 to 4:00 pm

Legal Aid also has offices outside of Winnipeg you can contact by phone:

Brandon – 1-800-876-7326 or (204) 729-3484

Dauphin – 1-877-622-4660 or (204) 622-4666

The Pas – 1-855-775-2397 or (204) 627-4837

Thompson – 1-855-444-4665 or (204) 677-1224