Employability Assistance for People with Disabilities Operating Manual
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Section 180 - Decision Review Policy
The Workforce Training and Employment Division’s Decision Review Policy ensures that decisions made by the division align with program parameters. The policy outlines the decisions that are eligible for review and the process for requesting a decision review.
1 Intent of the Policy
- To ensure decisions are supported by program policy and are fair.
- To provide Manitobans with the opportunity to request a decision review or decision review appeal.
- To provide service providers with the opportunity to request a decision review or decision review appeal.
2 Who Can Request A Decision Review
2.1 Direct Services
An individual who requested or received services/financial assistance under one or more of the following programs may request a decision review:
- Skills Development Program
- Young Entrepreneurs Grant Program
- Employability Assistance for People with Disabilities (EAPD) Program
- Employment Partnerships Program
- Self Employment Program
Only the complainant, or an authorized representative or advocate, with written consent from the complainant, may also request a decision review.
2.2 Third-Party Service Provider Contracts
Third-party service providers who submitted a proposal or entered into a contribution agreement under one of the following programs may request a decision review:
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3 Decision Review Process for Direct Services
3.1 Decision Review
This section applies to direct services outlined in Section 2.1.
The following matrix outlines decisions that are eligible for a decision review.
Before submitting a decision review request, the complainant and caseworker should attempt to resolve the matter when possible.
Decision review requests must be made within 30 calendar days of the date the decision was communicated in writing by the caseworker. Decision review requests submitted after 30 calendar days are not eligible to be reviewed.
If the decision review request is time-sensitive, the complainant should endeavour to submit the decision review request as soon as possible, as the time which the request is submitted may impact the feasibility of altering the decision when appropriate.
| Decision | Program Eligible for Decision Review | Decision Reviewer |
| Your eligibility to participate in a program |
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Appropriate Government of Manitoba Manager |
| Whether a training institution is eligible under the program |
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| Whether a type of training or course is eligible under the program |
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| The maximum duration an individual can receive financial assistance for |
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| Whether an individual is eligible to attend training on a part time basis |
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| Whether an individual is eligible to receive financial assistance during a break in training |
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| The amount of financial assistance you may receive |
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| Whether the individual can receive financial assistance for an expense incurred before getting approval, including if you started training before obtaining approval |
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| Whether you have an overpayment (this is money you owe to Manitoba because you received funding you were not eligible for or used funding for a different purpose than you were supposed to) |
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| Whether you have an underpayment (this is funding you did not get, but were eligible for) |
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To initiate a decision review, the complainant will communicate to their caseworker that they would like to request a review of a decision that the caseworker has made. The caseworker will provide the complainant with the online link to the Decision Review Request Form to make a formal request. The form will be made available in additional formats when requested.
The complainant will submit the completed Decision Review Request Form to their Government of Manitoba caseworker. The caseworker will submit the form to their Government of Manitoba manager, who will review the decision in accordance with program policies. The manager will contact the complainant to share the results of the decision review within 30 calendar days of receiving the request. The manager will provide written confirmation of the decision review result to the complainant including directions on how to appeal the decision review.
Managers will strive to maintain a service standard of responding to decision review requests within 30 calendar days. However, only in extenuating circumstances when the client’s caseworker is not available and the manager is unable to review and consider all relevant and supporting evidence, the manager will communicate to the complainant that the response may take up to 60 calendar days. The manager will weigh the urgency of the request when considering an extension.
Individuals who receive EAPD Program services from a designated service provider may also request a decision review for decisions that are made regarding basic eligibility and eligible funding amounts (see matrix in Section 3.1). If the complainant and the organization’s caseworker and manager (or equivalent) are unable to resolve the matter, the manager (or equivalent) will provide the client with the link to complete the Decision Review Request Form. Because of the clear guidelines around timelines, any such request must be immediately directed via email to eapd@gov.mb.ca with action subject line "Request for decision review" or mail/drop off to EAPD/Request for Administrative Review, 260-800 Portage Avenue, Winnipeg, MB R3G 0N4.
3.2 Decisions Made by Third-Party Service Providers
Decisions made by third-party service providers administering programming on behalf of the Manitoba government are the responsibility of the service provider and are not eligible for review through the Decision Review Policy (except for Designated Service Providers who deliver services through the EAPD Program – see section 3.1.1). If an individual would like to request a decision review or an appeal of a decision made by a service provider, these should be directed to the service provider who issued the decision.
3.3 Appeal
If the complainant disagrees with the result of the decision review, they may appeal the decision to the program director. To appeal, the complainant will follow the instructions provided to them by the manager when they were notified of the decision review result.
An appeal must be submitted within 30 calendar days of the date the decision review result was communicated to the client by the manager. Requests for an appeal submitted after 30 calendar days are not eligible to be reviewed.
The director will review the decision review in accordance with policies and will provide written confirmation of the appeal result to the client within 30 calendar days of the date the appeal request was submitted. The decision made by the director is final and is not subject to further review or appeal.
4 Third-Party Service Provider Contracts
4.1 Decision Review
This section applies to the decisions regarding project proposals and contribution agreements with third party service providers as outlined in Section 2.2.
Prior to submitting a decision review request, the third-party service provider and department staff (project officer and manager) should attempt to resolve matters where possible.
A third-party service provider may only request a decision review for the following:
- The service provider and department staff are not in agreement regarding funding levels during the negotiation phase of developing a contribution agreement.
- The service provider and department staff are not in agreement regarding the administration of the contract and have been unable to resolve the matter.
The following situations for declined project proposals are not eligible for a decision review so long as the reason was clearly communicated to the service provider in writing:
- The proposal does not align with the strategic priorities of the department.
- The proposal does not meet the parameters of the programs that are offered by the department.
- The service provider’s previous contract was not renewed due to performance outcomes and the issues affecting the contract outcomes have not been adequately addressed in the proposal.
- The service provider failed to meet requirements as outlined in the proposal development guideline for government to complete a full assessment in order to make a funding decision.
- There was no budget availability at the time the proposal was submitted.
Decision review requests must be submitted within 30 calendar days of the organization being notified by department staff that either the proposal cannot proceed to an agreement or that department staff cannot resolve the issue regarding the administration of the contract.
The organization must submit the request for a decision review in writing to the manager. The manager will provide the request to the director for review. The director will review the details of the negotiation or contract decision in accordance with program policies and will provide the organization with written confirmation of the decision review results within 30 calendar days of receiving the request.
4.2 Appeal
If an organization is not satisfied with the result of the decision review, they may appeal the decision. The organization must communicate the request to the director in writing within 30 calendar days of receiving the decision review. The director will provide the request to the Senior Executive Director, who will review the decision in accordance with program policies. The Senior Executive Director will provide the organization with written confirmation of the appeal result within 30 calendar days of receiving the request. The decision of the Senior Executive Director is final.
