Français

Ontario Works Act, 1997

ONTARIO REGULATION 134/98

GENERAL

Consolidation Period: From October 1, 2014 to the e-Laws currency date.

Last amendment: O. Reg. 164/14.

This is the English version of a bilingual regulation.

CONTENTS

   

Sections

 

Definitions

1

 

Interpretation

2

PART I

ELIGIBILITY FOR ASSISTANCE

 
 

Participation in Employment Assistance

3

 

Place of Residence

4

 

Absence from Ontario

5

 

Status in the Country

6

 

Residence in an Institution

7

 

Persons Detained in Custody

8

 

Post-Secondary Education

9

 

Applicant under 18 Years of Age

10

 

Persons Living with Parents

11

 

Home Visits

12

 

Obligation to Pursue Resources

13

 

Information to be Provided

14

 

Agreements to Reimburse and Assignments

15-15.1

PART II

APPLICATIONS FOR ASSISTANCE

 
 

Place of Application for Basic Financial Assistance

16

 

Form, etc., of Application for Basic Financial Assistance

17

 

Participation Agreement Required for Application for Income Assistance

18

 

Consents Required for Application

19

 

Application Signed and Complete

20

 

Preliminary Information and Verification

20.1-20.2-20.7.1

 

New Application for Basic Financial Assistance not Required

21

 

Enquiry into Circumstances Re Basic Financial Assistance

22

 

Further Enquiry Re Income Assistance

23

 

Application for Employment Assistance

24

PART III

EMPLOYMENT AND EMPLOYMENT ASSISTANCE

 
 

Interpretation

25

 

Employment Assistance

26

 

Approval of Delivery Agents

26.1

 

Participation in Employment Assistance Activities

27

 

Employment

28

 

Administrator may Require Participation

29

 

Participation Agreement may be Amended

30

 

Employment Assistance for Other Persons

31

PART IV

REFUSAL, CANCELLATION OR REDUCTION OF ASSISTANCE

 
 

Assignment or Transfer of Assets

32

 

Non-Compliance with Part III — Recipients

33

 

Non-Compliance with Part III — Applicants

34

 

Non-Compliance with Other Conditions of Eligibility

35

 

Non-Compliance with Information Required on Special Diets

36-36.1

 

Re-Application and Reinstatement

37

PART V

ASSETS

 
 

Prescribed Limits for Assets

38

 

Determination of Assets

39

PART VI

CALCULATION OF ASSISTANCE

 
 

General Rule

40

 

General Budgetary Requirements

41

 

Shelter

42

 

Budgetary Requirements in Other Special Cases

42.1-44

 

Budgetary Requirements for Residents of Interval and Transition Homes

44.1

 

Reduction of Budgetary Requirements (Shared Custody) — General

44.2-45

 

Reduction of Budgetary Requirements — Persons Detained in Custody

46

 

Reduction of Budgetary Requirements — Patient in a Hospital

47

 

Reduction of Budgetary Requirements — Person in Residential Program for the Treatment of Substance Addiction

47.1

 

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 58.3 for Same Months

47.2

 

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 58.3 for Same Months

47.2

 

Calculating Income — General Rule

48

 

Treatment of Earnings

49

 

Boarder and Rental Income

50

 

Sponsored Immigrants

51

 

Exemptions — Payments by Ontario

52

 

Exemptions — Payments by Canada

53

 

Other Exemptions

54

 

Treatment of Canada Child Tax Benefit

54.1

PART VII

OTHER BASIC FINANCIAL ASSISTANCE

 
 

Benefits

55

 

Emergency Assistance

56

 

Temporary Care Assistance

57

 

Extended Health Benefits for Recipients who Cease to be Eligible for Income Assistance

57.1

 

Extended Health Benefits for Recipients who cease to be Eligible for Income Assistance due to an Increase in Employment Income

57.2

 

Extended Health Benefits for Applicants under the Ontario Disability Support Program Act, 1997

58

 

Extended Health Benefits for Persons Receiving Payments under the 1986-1990 Hepatitis C Settlement Agreement

58.1-58.2

 

Transition Child Benefit

58.3

 

Discretionary Benefits

59

PART VIII

GENERAL

 
 

Persons Acting for a Recipient

60

 

Payment to Third Party

61

 

Recovery of Overpayments and Deductions re Money Owed for Support, etc.

62

 

Minimum Assistance Payable

63

 

Time and Manner of Payment of Assistance

64

 

Eligibility Review Officers

65

 

Family Support Workers

65.1

 

Discharging a Lien

66

PART IX

REVIEWS AND APPEALS

 
 

Notice of Decision

67

 

Decisions that Cannot be Appealed

68

 

Request for Internal Review

69

 

Time and Manner of Conducting Internal Review

70

 

Decision on Internal Review

71

 

Time and Manner of Commencing Appeal to Tribunal

72

 

Notification of Appeal and Written Submissions

73

 

Notice of Hearing

74

 

Notice to Director of Appeals

75

 

Conduct of Oral Hearing of Tribunal

76

 

Interim Assistance

77

 

Decision of Tribunal

78

 

Reconsideration by Tribunal

79

 

Subsequent Appeal on Same Issue

80

 

Appeal to Divisional Court

81

 

Record for Court

82

 

Paper Hearings

83

PART X

TRANSITION

84-86

     

Definitions

1.  (1)  For the purposes of the Act and the regulations,

“child” means a person under 18 years of age; (“enfant”)

“dependant”, in relation to an applicant or recipient, means,

(a) a person who resides in the same dwelling place and who is,

(i) the spouse of the applicant or recipient,

(ii) a dependent child of the applicant or recipient or of his or her spouse, or

(iii) a dependent adult of the applicant or recipient or of his or her spouse, or

(b) a spouse who is absent from the dwelling place of the applicant or recipient if the absence is for a reason other than a breakdown in the relationship with no reasonable prospect of reconciliation; (“personne à charge”)

“emergency hostel services” means the provision of board, lodging and personal needs to homeless persons on a short term, infrequent basis, but does not include the provision of services to residents of interval or transition homes for abused women; (“services d’hébergement d’urgence”)

“geographic area” means an area designated as a geographic area for a designated delivery agent; (“zone géographique”)

“Indian Residential Schools Settlement Agreement” means the Indian Residential Schools Settlement Agreement concluded on May 8, 2006 between Canada and plaintiffs represented by the National Consortium and the Merchant Law Group, and Independent Counsel, and the Assembly of First Nations and Inuit Representatives and the General Synod of the Anglican Church of Canada, the Presbyterian Church of Canada, the United Church of Canada and Roman Catholic Entities; (“Accord de règlement relatif aux pensionnats indiens ”)

“lawful place of confinement” includes a federal penitentiary, a provincial correctional facility, an open custody facility, a secure custody facility and a municipal lock up; (“lieu légitime de détention”)

“long-term care home” means a long-term care home under the Long-Term Care Homes Act, 2007; (“foyer de soins de longue durée”)

“parent” includes a person who has demonstrated a settled intention to treat a child as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home or a children’s residence; (“père ou mère”)

“participant”, with respect to employment assistance, means a member of the benefit unit of a recipient of income assistance but does not include,

(a) a dependent child who is of pre-school age or attending school, or

(b) a person who receives only temporary care assistance; (“participant”)

“single person”, with respect to an applicant or recipient, means a person with no dependants; (“personne seule”)

“social assistance” includes assistance under the Ontario Works Act, 1997, income support under the Ontario Disability Support Program Act, 1997 and payments under similar programs in other jurisdictions; (“aide sociale”)

“sole support parent”, with respect to an applicant, recipient or dependant, means a person with one or more dependants and no spouse included in the benefit unit; (“père ou mère seul soutien de famille”)

“spouse”, in relation to an applicant or recipient, means,

(a) a person, if the person and the applicant or recipient have together declared to the administrator or to the Director under the Ontario Disability Support Program Act, 1997 that they are spouses,

(b) a person who is required under a court order or domestic contract to support the applicant or recipient or any of his or her dependants,

(c) a person who has an obligation to support the applicant or recipient or any of his or her dependants under section 30 or 31 of the Family Law Act, whether or not there is a domestic contract or other agreement between the person and the applicant or recipient whereby they purport to waive or release such obligation to support, or

(d) a person who has been residing in the same dwelling place as the applicant or recipient for a period of at least three months, if,

(i) the extent of the social and familial aspects of the relationship between the two persons is consistent with cohabitation, and

(ii) the extent of the financial support provided by one person to the other or the degree of financial interdependence between the two persons is consistent with cohabitation. (“conjoint”). O. Reg. 134/98, s. 1 (1); O. Reg. 227/98, s. 1 (1, 2); O. Reg. 272/98, s. 1; O. Reg. 32/00, s. 1 (1-4); O. Reg. 197/02, s. 1; O. Reg. 395/04, s. 1; O. Reg. 294/05, s. 1 (1-4); O. Reg. 166/07, s. 1; O. Reg. 110/10, s. 1.

(2)  For the purpose of the definition of “spouse”, sexual factors shall not be investigated or considered in determining whether or not a person is a spouse. O. Reg. 32/00, s. 1 (5); O. Reg. 294/05, s. 1 (5).

(3)  Revoked: O. Reg. 32/00, s. 1 (5).

Interpretation

2.  (1)  For the purposes of the Act and the regulations, a person is a dependent adult, in relation to an applicant or recipient if,

(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the person’s parent;

(b) the person resides in the same dwelling place as the applicant or recipient;

(c) the person is 18 years of age or older;

(d) the person is not financially independent as determined under subsection (2); and

(e) the person has not been determined to be a person with a disability under the Ontario Disability Support Program Act, 1997 or a member of a prescribed class under subsection 4 (1) of Ontario Regulation 222/98 (General) made under that Act. O. Reg. 134/98, s. 2 (1); O. Reg. 227/98, s. 2 (1); O. Reg. 272/98, s. 2; O. Reg. 32/00, s. 2 (1); O. Reg. 294/05, s. 2 (1).

(2)  A person is financially independent if,

(a) the person resides with a person who would be his or her spouse if the person were an applicant or recipient or the person has resided with such a spouse at any time in the past;

(b) the person is eligible as a sole support student under the Ontario Student Assistance Program or has been so eligible at any time in the past;

(c) there have been one or more periods totalling at least two years in which any one, or any combination, of the following criteria has been met:

(i) the person’s net monthly income, as determined by the administrator, other than income from support paid to or on behalf of the person, has been greater than the maximum amount of income assistance provided for a single person,

(ii) the person’s basic needs and shelter have been provided for by a source other than the person’s parent or an institution,

(iii) the person has received social assistance as a recipient, or

(iv) the person has not resided in the same dwelling place as his or her parent after his or her 18th birthday;

(c.1) the person is no longer attending school, as defined in subsection 1 (1) of the Education Act, or receiving instruction at home or elsewhere for the purposes of clause 21 (2) (a) of the Education Act and five years have elapsed since the person’s last day of school or since the person ceased to receive instruction at home or elsewhere, as the case may be;

(c.2) the person has received a diploma from a college of applied arts and technology or a degree from a university or other institution with degree-granting authority;

(c.3) the person has lawful custody of his or her child, or has had lawful custody of his or her child in the past; or

(d) in any month,

(i) the person’s assets exceed the maximum amount of assets permitted for a single person under section 38, or

(ii) the person’s net monthly income, as determined by the administrator, other than income from support paid to or on behalf of the person, is greater than the maximum amount of income assistance provided for a single person. O. Reg. 134/98, s. 2 (2); O. Reg. 227/98, s. 2 (2, 3); O. Reg. 32/00, s. 2 (2); O. Reg. 326/00, s. 1; O. Reg. 294/05, s. 2 (2); O. Reg. 383/05, s. 1.

(3)  For the purposes of the Act and the regulations, a child is a dependent child, in relation to an applicant or recipient, if,

(a) the applicant or recipient or the spouse included in the applicant’s or recipient’s benefit unit is the child’s parent;

(b) the child resides in the same dwelling place as the applicant or recipient;

(c) the applicant or recipient or the spouse included in the benefit unit,

(i) receives the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) in respect of the child or a determination has been made under that Act that he or she is eligible to receive the Canada Child Tax Benefit, including if he or she receives or is determined eligible to receive the Canada Child Tax Benefit as a shared-custody parent under section 122.61 of that Act, or

(ii) is the parent with primary care and control of the child or is a parent who shares physical custody of the child on an approximately equal basis in a month as determined by the administrator, if subclause (i) does not apply and subject to subsections (3.1) and (3.2);

(d) in the case of a child of school age, if clause (e) does not apply, the child,

(i) is attending school or a program approved by the administrator,

(ii) is unable to attend school because of a physical or mental disability, or

(iii) is unable to attend school for reasons outside his or her control and the administrator is satisfied that he or she will be attending school or a program approved by the administrator at the next earliest opportunity; and

(e) in the case of a child who is 16 years of age or older and who has one or more dependent children, the child, if required by the administrator, is participating in a program of activities approved by the administrator that will assist the child with the following:

1. The successful completion of a high school diploma.

2. The development of employment-related skills.

3. The further development of the child’s parenting skills. O. Reg. 134/98, s. 2 (3); O. Reg. 546/98, s. 1; O. Reg. 165/99, s. 1; O. Reg. 170/99, s. 1; O. Reg. 32/00, s. 2 (3-5); O. Reg. 171/04, s. 1; O. Reg. 294/05, s. 2 (3); O. Reg. 226/08, s. 1 (1); O. Reg. 118/09, s. 1; O. Reg. 139/11, s. 1.

(3.1)  Subclause (3) (c) (ii) applies in cases,

(a) where the applicant, recipient or spouse included in the benefit unit has made an application for the Canada Child Tax Benefit in respect of the child and the application is yet to be determined; or

(b) where the applicant, recipient or spouse included in the benefit unit is ineligible for the Canada Child Tax Benefit because of his or her immigration status. O. Reg. 226/08, s. 1 (2).

(3.2)  Subclause (3) (c) (ii) does not apply to an applicant, recipient or spouse included in the benefit unit where a person who is not a member of the benefit unit receives or is determined eligible to receive the Canada Child Tax Benefit in respect of the child. O. Reg. 226/08, s. 1 (2).

(4)  A reference in a section of this Regulation to an “approved health professional” shall be deemed to be a reference to a person who is a member of a health profession that has been approved by the Director for the purposes of that section. O. Reg. 134/98, s. 2 (4).

(5)  In this Regulation,

(a) a program for the assessment of substance addiction may include chemical testing and other evaluative measures; and

(b) a program for the treatment of substance addiction may include individual, group and family counselling, motivational interviewing, psychotherapy, chemical testing, peer support, social skills training, relapse prevention, crisis intervention and management services, and other therapeutic and preventive measures. O. Reg. 479/01, s. 1.

PART I
ELIGIBILITY FOR ASSISTANCE

Participation in Employment Assistance

3.  A person who fails to comply with the conditions of eligibility regarding employment assistance that apply to the person is not eligible for income assistance. O. Reg. 134/98, s. 3.

Place of Residence

4.  (1)  A person is eligible for assistance in the geographic area in which he or she is ordinarily resident. O. Reg. 134/98, s. 4 (1).

(2)  A transient or homeless person shall be deemed to reside in the geographic area in which he or she applies for assistance. O. Reg. 134/98, s. 4 (2).

Absence from Ontario

5.  (1)  A person who is absent from Ontario for a period greater than seven days is not eligible for assistance unless the absence has been approved by the administrator as necessary for reasons of health or necessary because of exceptional circumstances. O. Reg. 134/98, s. 5.

(2)  For the purposes of subsection (1), an absence is necessary for reasons of health if,

(a) the purpose for the absence is to receive necessary medical treatment outside of Ontario that is prescribed by a physician; and

(b) the medical treatment is an out of province or out of country insured service under the Ontario Health Insurance Plan, as verified in accordance with subsection (3). O. Reg. 221/13, s. 1.

(3)  For the purposes of clause (2) (b), the person shall provide a letter from the Ministry of Health and Long-Term Care verifying that he or she is approved for the insured service under the Ontario Health Insurance Plan. O. Reg. 221/13, s. 1.

Status in the Country

6.  (1)  The following persons are not eligible for assistance:

1. Subject to subsection (2), a person,

i. against whom a deportation order has been made under the Immigration Act (Canada), or with respect to whom a departure order or an exclusion order under that Act has become effective, or

ii. with respect to whom a removal order has become enforceable under the Immigration and Refugee Protection Act (Canada).

2. A person who is a visitor, unless the person,

i. has made a claim for refugee status under the Immigration Act (Canada),

ii. has made a claim for refugee protection under the Immigration and Refugee Protection Act (Canada), or

iii. has made an application for status as a permanent resident under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada).

3. A person who is a tourist. O. Reg. 134/98, s. 6 (1); O. Reg. 395/04, s. 2 (1).

(2)  Paragraph 1 of subsection (1) does not apply with respect to a person if the administrator is satisfied that,

(a) for reasons wholly beyond the control of the person, the person is unable to leave the country; or

(b) the person has made an application for status as a permanent resident on the basis of humanitarian or compassionate considerations, as referred to in subsection 114 (2) of the Immigration Act (Canada) or subsection 25 (1) of the Immigration and Refugee Protection Act (Canada). O. Reg. 134/98, s. 6 (2); O. Reg. 395/04, s. 2 (2).

Residence in an Institution

7.  (1)  A person who resides in an institution that provides for the person’s basic needs and shelter is not eligible for assistance. O. Reg. 134/98, s. 7 (1).

(2)  Subsection (1) does not apply with respect to,

(a) a person who resides in a long-term care home or an interval or transition home for abused women;

(b) a patient in a hospital;

(c) a person who receives emergency hostel services; or

(d) a member of the benefit unit who, with the prior approval of the administrator, resides in a facility for the purpose of participating in a residential program for the treatment of substance addiction. O. Reg. 134/98, s. 7 (2); O. Reg. 165/99, s. 2; O. Reg. 479/01, s. 2; O. Reg. 261/06, s. 1; O. Reg. 110/10, s. 2.

Persons Detained in Custody

8.  A person is not eligible for assistance while the person,

(a) is detained in a lawful place of confinement; or

(b) is on temporary absence, parole or probation or serving a conditional sentence and is residing in a community residence funded in whole or in part by the Ministry of Community Safety and Correctional Services or Correctional Service Canada. O. Reg. 134/98, s. 8; O. Reg. 208/10, s. 1.

Post-Secondary Education

9.  No single person who is in full-time attendance at a post-secondary educational institution is eligible for assistance if the person,

(a) is in receipt of a loan under the Ministry of Training, Colleges and Universities Act or the Canada Student Loans Act;

(b) is not eligible for a loan under one of those Acts because of the level of parental income, as determined under that Act; or

(c) is not eligible for a loan under one of those Acts because of a default in the payment of a previous loan under one of those Acts. O. Reg. 134/98, s. 9; O. Reg. 171/04, s. 2.

Applicant under 18 Years of Age

10.  (1)  A person who is under 18 years of age is not eligible for assistance as an applicant or recipient or a spouse of an applicant or recipient unless,

(a) there are special circumstances that justify the assistance;

(b) the person’s living arrangements are conducive to meeting the conditions of eligibility regarding education or training, employment and community participation;

(c) subject to subsection (3), the person is in attendance as a fulltime student at a school or institution approved by the Director or in a course of education or training approved by the administrator; and

(d) the person satisfies all other conditions of eligibility. O. Reg. 134/98, s. 10 (1); O. Reg. 32/00, s. 3 (1); O. Reg. 294/05, s. 3.

(2)  The administrator may require that the circumstances of the person’s family be assessed in order to determine whether special circumstances exist under clause (1) (a). O. Reg. 134/98, s. 10 (2).

(3)  Clause (1) (c) does not apply if the person is prevented from attending because,

(a) the person has been denied admission for reasons outside the person’s control;

(b) there is medical evidence verifying a need for treatment that would interfere with attendance; or

(c) the person is caring for his or her child who is a dependent child and the administrator is satisfied that no child care is available that would permit attendance. O. Reg. 134/98, s. 10 (3).

(4)  A person shall be deemed to be in full-time attendance in an educational or training program during vacation periods and while awaiting admission after having been accepted into it if the person provides evidence to satisfy the administrator that,

(a) he or she will be returning to or commencing the program at the end of the vacation period or at the earliest opportunity after acceptance; and

(b) he or she is satisfying any requirements to participate in employment assistance activities that apply to him or her. O. Reg. 134/98, s. 10 (4).

(5)  No person shall be considered to be in attendance in an education or training program if the administrator determines that he or she has been absent from that program, unless the administrator is satisfied that the absence was justified. O. Reg. 134/98, s. 10 (5).

(6)  Revoked: O. Reg. 261/06, s. 2.

(7)  The administrator may require, as a condition of eligibility under this section, that the person do one or more of the following:

1. Participate in counselling together with one or more of the person’s parents, if the parent or parents are willing to participate in the counselling.

2. Maintain contact with a responsible adult or agency that has agreed,

i. to maintain contact with the person to encourage the person to maintain living arrangements that are conducive to meeting the conditions for eligibility under this section, and

ii. to notify the administrator when it appears that the person’s living arrangements are not conducive to meeting conditions of eligibility.

3. Participate, if the person has one or more dependent children, in a program of activities approved by the administrator that will assist the person with the following:

i. The successful completion of a high school diploma.

ii. The development of employment-related skills.

iii. The further development of the person’s parenting skills. O. Reg. 134/98, s. 10 (7); O. Reg. 170/99, s. 2; O. Reg. 32/00, s. 3 (2).

(8)  If a person is eligible for income assistance under this section, his or her assistance shall be paid on his or her behalf to the person’s guardian of property or trustee or a person appointed by the administrator under subsection 17 (2) of the Act. O. Reg. 134/98, s. 10 (8).

(9)  A person is not eligible for assistance in his or her own right under this section if he or she is under 16 years of age and is not a sole support parent. O. Reg. 227/98, s. 3.

Persons Living with Parents

11.  (1)  A dependent adult is not eligible for income assistance on his or her own behalf. O. Reg. 134/98, s. 11 (1).

(2)  A person who is a dependent adult or a dependent child and who has a dependent child may apply for income assistance on behalf of the dependent child but is not eligible for income assistance on his or her own behalf. O. Reg. 134/98, s. 11 (2).

(3)  A person who resides in the same dwelling place as his or her parent is not eligible for income assistance on his or her own behalf unless he or she is financially independent within the meaning of subsection 2 (2). O. Reg. 134/98, s. 11 (3); O. Reg. 272/98, s. 3.

(4)  A person to whom subsection (3) applies and who has a dependent child may apply for income assistance on behalf of the dependent child. O. Reg. 165/99, s. 3.

Home Visits

12.  (1)  The administrator may request a visit to the home of a person applying for or receiving assistance in order to verify initial or ongoing eligibility for assistance. O. Reg. 134/98, s. 12 (1).

(2)  The administrator shall determine on a random basis the persons whose homes are to be visited under this section and may request a visit with or without notice. O. Reg. 227/98, s. 4.

(3)  A person visiting a home under this section shall not look at things that cannot be seen in plain view. O. Reg. 227/98, s. 4.

(4)  A person is not eligible for income assistance if the administrator has requested a visit to the person’s home and the person has refused the visit and failed to satisfy the administrator that there was a valid reason for the refusal. O. Reg. 134/98, s. 12 (4).

(5)  The administrator may determine that there is not a valid reason for refusing a visit to the home if the person has previously refused visits to the home. O. Reg. 134/98, s. 12 (5).

Obligation to Pursue Resources

13.  (1)  If the administrator is not satisfied that a member of a benefit unit is making reasonable efforts to obtain compensation or realize a financial resource or income that the person may be entitled to or eligible for, the administrator may determine that the person is not eligible for basic financial assistance or reduce the amount of basic financial assistance granted by the amount of the compensation, financial resource or income that in his or her opinion is available or would have been available had reasonable efforts been made to obtain or realize it. O. Reg. 134/98, s. 13 (1).

(2)  For the purpose of subsection (1),

(a) any compensation or contribution to the support or maintenance of a member of the benefit unit that may result from an undertaking given with respect to that member under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is compensation or a financial resource to which the person is entitled;

(b) the proceeds of a loan guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or of a loan under the Canada Student Financial Assistance Act is a financial resource to which a member of a benefit unit is entitled if the member is in full-time attendance at a post-secondary institution;

(b.1) an Ontario child benefit payment under section 8.6.2 of the Income Tax Act or a payment under section 122.61 of the Income Tax Act (Canada) is a financial resource to which the person is entitled;

(c) a retirement pension under the Canada Pension Plan or the Quebec Pension Plan that is available to a person before the month in which the person attains 65 years of age is not a financial resource to which that person is entitled; and

(d) income support under the Ontario Disability Support Program Act, 1997 that may be available to a person is not a financial resource to which that person is entitled. O. Reg. 134/98, s. 13 (2); O. Reg. 227/98, s. 5; O. Reg. 171/04, s. 3; O. Reg. 395/04, s. 3; O. Reg. 479/07, s. 1.

Information to be Provided

14.  (1)  The administrator shall determine that a person is not eligible for income assistance if the person fails to provide the information the administrator requires to determine initial or ongoing eligibility for income assistance, including information with respect to,

(a) new or changed circumstances;

(b) participation in employment assistance activities;

(c) the receipt or disposition of assets; and

(d) the receipt or expected receipt of income or some other financial resource. O. Reg. 134/98, s. 14 (1).

(2)  The Director may require that a member of a benefit unit provide monthly reports to the administrator respecting,

(a) the income and assets of members of the benefit unit;

(b) attendance at employment assistance activities; and

(c) any other conditions relevant to determining the person’s eligibility. O. Reg. 134/98, s. 14 (2); O. Reg. 227/98, s. 6.

(3)  A monthly report under subsection (2) shall be prepared in a form and manner approved by the Director. O. Reg. 134/98, s. 14 (3).

(4)  If a person is required to complete and return a monthly report under subsection (2) and fails to do so, the administrator may determine that the person is ineligible for income assistance. O. Reg. 134/98, s. 14 (4).

Agreements to Reimburse and Assignments

15.  (1)  If money is due and owing or may become due and owing to a member of a benefit unit that, if received, would be or would have been included as income for the purpose of calculating the income assistance payable for the benefit unit, the administrator may require, as a condition of eligibility for basic financial assistance, that the member of the benefit unit or the person authorized to act for that member agree in writing to reimburse all or any part of the assistance paid when the money becomes payable. O. Reg. 134/98, s. 15 (1).

(2)  An agreement under subsection (1) may include,

(a) a requirement to reimburse assistance paid from the date of the event giving rise to the money being due and owing or becoming due and owing;

(b) an authorization and direction to the person or agency by whom the money is payable to deduct and pay the money directly to the delivery agent; and

(c) an assignment to the delivery agent of the right to be paid the money. O. Reg. 134/98, s. 15 (2).

(3)  An authorization and direction and assignment made under this section is irrevocable. O. Reg. 134/98, s. 15 (3).

(4)  If a person who has made an agreement under subsection (1) receives money to which the agreement applies, the person shall reimburse the delivery agent in accordance with the agreement for basic financial assistance paid since the date of the event giving rise to the money being or becoming due and owing. O. Reg. 134/98, s. 15 (4); O. Reg. 227/98, s. 7; O. Reg. 546/98, s. 2.

(5)  If the amount reimbursed is attributable to a number of months, the amount reimbursed for each month shall be the lesser of,

(a) that portion of the amount received that is attributable to that month; and

(b) the amount of basic financial assistance for that month. O. Reg. 134/98, s. 15 (5).

(6)  The agreement to reimburse, the authorization and direction and the assignment may be retrospective, prospective or both. O. Reg. 134/98, s. 15 (6).

(7)  Subsection (1) applies with respect to income or capital but does not apply to money that would be exempt as income or assets for the purpose of determining eligibility for basic financial assistance. O. Reg. 134/98, s. 15 (7).

(8)  A member of a benefit unit is not ineligible for basic financial assistance solely because a person or agency failed to deduct and remit money under an authorization and direction or an assignment made under this section, unless,

(a) the failure to deduct and remit is caused by the member of the benefit unit; or

(b) the member of the benefit unit received the money from the person or agency and failed to remit it to the administrator in accordance with the agreement. O. Reg. 134/98, s. 15 (8).

(9)  For the purpose of subsection 19 (2) of the Act, the prescribed overpayment amount is the amount that would have been payable to the administrator under an agreement made under subsection (1). O. Reg. 134/98, s. 15 (9).

15.1  (1)  If an applicant or recipient or a spouse included in the benefit unit has applied for income support under the Ontario Disability Support Program Act, 1997, the administrator may require, as a condition of eligibility for basic financial assistance, that the member of the benefit unit or the person authorized to act for that member agree in writing to reimburse all or any part of the assistance, if, upon final disposition of the application under the Ontario Disability Support Program Act, 1997, the applicant or recipient or the spouse is determined to be not eligible for income support under that Act. O. Reg. 614/00, s. 1; O. Reg. 294/05, s. 4.

(2)  The amount of reimbursement required by an agreement referred to in subsection (1) shall be the lesser of,

(a) the financial assistance provided to the benefit unit during the months in which the asset limit set out in subsection 38 (2) was applied to the benefit unit by virtue of the application under the Ontario Disability Support Program Act, 1997; and

(b) the value of the assets for the benefit unit that was in excess of the asset limit set out in subsection 38 (1) on the day of the final disposition of the application. O. Reg. 614/00, s. 1.

(3)  For the purpose of subsection 19 (2) of the Act, the prescribed overpayment amount is the amount that would have been payable to the administrator under an agreement made under subsection (1). O. Reg. 614/00, s. 1.

PART II
APPLICATIONS FOR ASSISTANCE

Place of Application for Basic Financial Assistance

16.  (1)  An application for basic financial assistance shall be made to the administrator for the geographic area in which the applicant is ordinarily resident. O. Reg. 134/98, s. 16 (1).

(2)  An application for emergency assistance may be made in a geographic area other than the geographic area in which the applicant is ordinarily resident if, in the opinion of the administrator, the applicant cannot reasonably make the application in the geographic area in which he or she is ordinarily resident. O. Reg. 134/98, s. 16 (2).

Form, etc., of Application for Basic Financial Assistance

17.  (1)  An application for basic financial assistance shall be made to the administrator in the form and manner approved by the Director. O. Reg. 134/98, s. 17 (1).

(2)  The administrator may require an applicant to provide information necessary to determine and verify the applicant’s eligibility for basic financial assistance, including the following information with respect to any member of the benefit unit:

1. The person’s social insurance number.

2. The person’s health number under the Health Insurance Act.

3. Proof of the person’s identity and of his or her birth date.

4. Information with respect to the person’s income and assets.

5. A report of an approved health professional relevant to a determination respecting assistance.

6. Information with respect to the benefit unit’s budgetary requirements.

7. Information with respect to the person’s attendance and progress in an education or training program.

8. Information with respect to the person’s employment and proposed employment assistance activities.

9. Information with respect to the person’s status in Canada. O. Reg. 134/98, s. 17 (2).

(3)  The administrator may require an applicant, his or her spouse included in the benefit unit and his or her dependent adult to attend an employment information session as part of the application. O. Reg. 377/05, s. 1.

Participation Agreement Required for Application for Income Assistance

18.  (1)  An application for income assistance, other than an application related solely to temporary care assistance, shall include a participation agreement for the applicant and for his or her spouse included in the benefit unit. O. Reg. 134/98, s. 18 (1); O. Reg. 32/00, s. 4; O. Reg. 294/05, s. 5.

(2)  The administrator may also require other dependants included in the benefit unit to complete a participation agreement. O. Reg. 134/98, s. 18 (2).

Consents Required for Application

19.  (1)  An application for income assistance, including temporary care assistance, shall include a consent to disclose and verify information signed by the applicant and his or her spouse included in the benefit unit. O. Reg. 134/98, s. 19 (1); O. Reg. 32/00, s. 5; O. Reg. 294/05, s. 6.

(2)  An application for income assistance shall, on the administrator’s request, include a consent to disclose and verify information signed by another dependant. O. Reg. 134/98, s. 19 (2).

(3)  A person may be required under subsection (1) or (2) to complete a consent in a form requested by a person or body from whom required information is to be collected. O. Reg. 134/98, s. 19 (3).

(4)  A member of a benefit unit who has signed a consent to disclose and verify information shall provide a new consent if requested to do so. O. Reg. 134/98, s. 19 (4).

Application Signed and Complete

20.  (1)  An application for basic financial assistance and all accompanying forms shall be signed by the applicant and the applicant’s spouse included in the benefit unit. O. Reg. 134/98, s. 20 (1); O. Reg. 32/00, s. 6 (1); O. Reg. 294/05, s. 7 (1).

(2)  The application and all accompanying forms shall also be signed by other dependants if the administrator so requests. O. Reg. 134/98, s. 20 (2).

(3)  The application is not complete until,

(a) the application and all accompanying forms, agreements and consents have been completed and signed and have been provided, together with any required verification of information, to the administrator; and

(b) if required by the administrator under subsection 17 (3), the applicant, his or her spouse included in the benefit unit and his or her dependent adult have attended an employment information session. O. Reg. 377/05, s. 2.

(4)  A responsible person may make an application on behalf of an applicant or sign an application on behalf of an applicant or the spouse of an applicant if the applicant or spouse is unable to make or sign the application by reason of disability. O. Reg. 294/05, s. 7 (2).

Preliminary Information and Verification

20.1  (1)  Despite sections 17, 18, 19 and 20, if, in preliminary discussions with an applicant, his or her spouse included in the benefit unit or any dependent adult of the applicant, information necessary to determine and verify the applicant’s eligibility for basic financial assistance is obtained before the application for basic financial assistance and accompanying forms have been signed, the administrator may,

(a) request that the applicant, spouse or dependent adult consent orally to the disclosure of the obtained information for purposes of verifying the information; and

(b) based on the oral consent, proceed with the verification of the information. O. Reg. 377/05, s. 3.

(2)  If oral consent is not given under subsection (1), the administrator shall not proceed with the verification of the information until the application is completed in accordance with subsection 20 (3). O. Reg. 377/05, s. 3.

20.2-20.7.1  Revoked: O. Reg. 377/05, s. 3.

New Application for Basic Financial Assistance not Required

21.  If within one year before applying for basic financial assistance, an applicant had previously applied for basic financial assistance or income support under the Ontario Disability Support Program Act, 1997, the administrator may accept the previous application and supporting documentation as a new application for basic financial assistance and may require additional information to make the application complete and up to date. O. Reg. 134/98, s. 21; O. Reg. 227/98, s. 9.

Enquiry into Circumstances Re Basic Financial Assistance

22.  In determining the eligibility of an applicant who applies for basic financial assistance, the administrator shall make or cause to be made an enquiry into the living conditions and the financial, employment and other circumstances of the members of the benefit unit. O. Reg. 134/98, s. 22.

Further Enquiry Re Income Assistance

23.  (1)  Within one month after first finding an applicant eligible for income assistance, the administrator shall meet with him or her for the purpose of enquiring into the living conditions and financial, employment and other circumstances of the members of the benefit unit. O. Reg. 134/98, s. 23 (1).

(2)  Subsection (1) does not apply under the circumstances provided for by the Director. O. Reg. 134/98, s. 23 (2).

Application for Employment Assistance

24.  Sections 16, 17, 19 and 21 apply with necessary modifications with respect to persons eligible for employment assistance under clause 6 (b) or (c) of the Act. O. Reg. 134/98, s. 24.

PART III
EMPLOYMENT AND EMPLOYMENT ASSISTANCE

Interpretation

25.  (1)  For the purposes of this Regulation, community participation and the employment measures set out in section 26 are employment assistance activities. O. Reg. 134/98, s. 25.

(2)  In this Part,

“literacy” means,

(a) literacy in either English or French, and

(b) numeracy. O. Reg. 314/01, s. 1.

Employment Assistance

26.  Employment assistance includes community participation and the following employment measures:

1. Job search.

2. Job search support services

2.1 A literacy screening questionnaire approved by the Director.

2.2 A literacy assessment, a literacy training program, or both.

3. Other basic education and job-specific skills training.

4. Employment placement.

5. An education or training program approved by the administrator.

6. A self-employment activity approved by the administrator.

7. Supports to self-employment.

8. A screening test for substance addiction approved by the Director.

8.1 A program for the assessment of substance addiction, the treatment of substance addiction, or both.

9. Participation by a person in a program of activities approved by the administrator that will assist the person with the following:

i. The successful completion of a high school diploma.

ii. The development of employment-related skills.

iii. The further development of the person’s parenting skills.

10. Attending an employment information session required by the administrator. O. Reg. 134/98, s. 26; O. Reg. 170/99, s. 3; O. Reg. 314/01, s. 2; O. Reg. 479/01, s. 3; O. Reg. 377/05, s. 4.

Approval of Delivery Agents

26.1  (1)  The Director may approve delivery agents in respect of the employment assistance activities referred to in paragraphs 2.1 and 2.2 of section 26, for the purpose of section 29. O. Reg. 314/01, s. 3.

(2)  The Director may approve delivery agents in respect of the employment assistance activities referred to in paragraphs 8 and 8.1 of section 26, for the purposes of section 29. O. Reg. 479/01, s. 4.

Participation in Employment Assistance Activities

27.  (1)  Subject to subsection (2), every participant is required to participate in one or more employment assistance activities in accordance with sections 28 and 29. O. Reg. 134/98, s. 27 (1).

(2)  The administrator shall temporarily defer the requirement under subsection (1) with respect to a participant who meets at least one of the following criteria:

1. The participant is a sole support parent with at least one dependent child for whom publicly funded education is not available.

2. The participant is a sole support parent with at least one child for whom,

i. temporary care assistance is being received, and

ii. publicly funded education is not available.

3. The participant is a caregiver for a family member and the administrator is satisfied,

i. that the family member requires daily physical assistance on an ongoing basis because of a disability, illness or old age, and

ii. that, based on documentation from persons providing support services to the household, the assistance required to be provided by the caregiver makes participation impracticable.

4. The participant is 65 years of age or older.

5. There are exceptional circumstances, approved by the Director, that apply to the participant.

6. Revoked: O. Reg. 614/00, s. 2.

O. Reg. 134/98, s. 27 (2); O. Reg. 227/98, s. 10; O. Reg. 614/00, s. 2.

Employment

28.  (1)  Every participant shall make reasonable efforts to accept and maintain full-time, part-time or casual employment for which he or she is physically capable. O. Reg. 134/98, s. 28 (1).

(2)  Subsection (1) also applies with respect to a participant who is employed but not employed full-time. O. Reg. 134/98, s. 28 (2).

(3)  Every participant who is employed shall make reasonable efforts to seek, accept and maintain employment for which he or she is physically capable and that would increase his or her income from employment. O. Reg. 134/98, s. 28 (3).

Administrator may Require Participation

29.  (1)  An administrator may require a participant to participate in one or more employment assistance activities for which he or she is physically capable under the terms and conditions and for the periods of time specified by the administrator. O. Reg. 134/98, s. 29 (1).

(1.1)  An administrator may require an applicant or a member of an applicant’s benefit unit, other than a dependent child who is of pre-school age or attending school and other than an applicant who will receive only temporary care assistance, to participate in the employment assistance activity referred to in paragraph 2.1 of section 26. O. Reg. 314/01, s. 4.

(1.2)  Despite subsections (1) and (1.1),

(a) participation in an employment assistance activity referred to in paragraph 2.1 or 2.2 of section 26 may be required only by an administrator for a delivery agent that has been approved by the Director under subsection 26.1 (1); and

(b) participation in an employment assistance activity referred to in paragraph 8 or 8.1 of section 26 may be required only by an administrator for a delivery agent that has been approved by the Director under subsection 26.1 (2). O. Reg. 479/01, s. 5 (1).

(1.3)  Despite subsections (1) and (1.1), an administrator shall not require a person to participate in an employment assistance activity referred to in paragraph 2.1 or 2.2 of section 26, if the person provides to the administrator a written statement from a member of the College of Physicians and Surgeons of Ontario or a member of the College of Psychologists of Ontario certifying that the person has a learning disorder. O. Reg. 314/01, s. 4.

(1.4)  Despite subsection (1), an administrator shall not require a person to participate in a screening test for substance addiction approved by the Director unless the administrator has reasonable grounds to suspect that the person repeatedly uses a substance to the extent that the use may impair his or her ability,

(a) to participate successfully in another employment assistance activity; or

(b) to accept or maintain employment for which he or she is otherwise physically capable. O. Reg. 479/01, s. 5 (2).

(1.5)  Despite subsection (1), an administrator shall not require a person to participate in a program for the assessment of substance addiction unless the administrator has reasonable grounds to suspect that the person repeatedly uses a substance to the extent that,

(a) he or she is periodically or chronically intoxicated;

(b) he or she has an overwhelming need to use the substance;

(c) the use results in substantial physical, psychological, economic or social harm to him or her;

(d) he or she has difficulty in voluntarily ceasing or modifying his or her use of the substance despite the harm that results from it; and

(e) the use may impair his or her ability,

(i) to participate successfully in another employment assistance activity, or

(ii) to accept or maintain employment for which he or she is otherwise physically capable. O. Reg. 479/01, s. 5 (2).

(1.6)  Despite subsection (1), an administrator shall not require a person to participate in a program for the treatment of substance addiction unless the administrator is satisfied that,

(a) the person repeatedly uses a substance to the extent that,

(i) he or she is periodically or chronically intoxicated,

(ii) he or she has an overwhelming need to use the substance,

(iii) the use results in substantial physical, psychological, economic or social harm to him or her,

(iv) he or she has difficulty in voluntarily ceasing or modifying his or her use of the substance despite the harm that results from it, and

(v) the use impairs his or her ability,

(A) to participate successfully in another employment assistance activity, or

(B) to accept or maintain employment for which he or she is otherwise physically capable; and

(b) the program is the least restrictive and least intrusive program that is appropriate in the circumstances. O. Reg. 479/01, s. 5 (2).

(2)  An administrator shall not require a participant to participate in community participation activities for more than a total of 70 hours in any given month. O. Reg. 134/98, s. 29 (2).

Participation Agreement may be Amended

30.  The administrator may amend a participation agreement after reviewing the agreement with the participant. O. Reg. 134/98, s. 30.

Employment Assistance for Other Persons

31.  Employment assistance may be provided to the following persons on their request:

1. An applicant or recipient under the Ontario Disability Support Program Act, 1997.

1.1 A spouse or a dependent adult included in the benefit unit of an applicant or recipient under the Ontario Disability Support Program Act, 1997 who is not required under subsection 6 (1) of Ontario Regulation 222/98 (General) made under that Act to complete a participation agreement and comply with this Part.

2. A participant who is temporarily deferred from participation under section 27. O. Reg. 134/98, s. 31; O. Reg. 227/98, s. 11; O. Reg. 32/00, s. 7; O. Reg. 294/05, s. 9; O. Reg. 31/06, s. 1.

PART IV
REFUSAL, CANCELLATION OR REDUCTION OF ASSISTANCE

Assignment or Transfer of Assets

32.  (1)  If a member of an applicant’s benefit unit has made an assignment or transfer of assets within the year preceding the date of the application and, in the opinion of the administrator, the consideration for the assignment or transfer was inadequate or a purpose of the assignment or transfer was to reduce the value of assets in order to qualify for assistance, the administrator shall,

(a) determine that the applicant is not eligible for assistance; or

(b) reduce the amount of assistance to compensate for the inadequate consideration or the value of the assets assigned or transferred. O. Reg. 118/09, s. 2.

(2)  Subsection (1) applies with necessary modifications with respect to a recipient if a member of the recipient’s benefit unit has made an assignment or transfer of assets within the year preceding the date of the recipient’s application for assistance or any time thereafter. O. Reg. 134/98, s. 32 (2).

(3)  If the administrator has reason to believe that an assignment or transfer referred to in subsection (1) occurred more than a year before the date of the application and within three years before that date, he or she may inquire into the circumstances and may refuse or reduce assistance under subsection (1) or (2). O. Reg. 134/98, s. 32 (3).

Non-Compliance with Part III — Recipients

33.  (1)  An administrator shall cancel or reduce the assistance provided to a recipient in accordance with this section if a participant in the recipient’s benefit unit,

(a) fails to comply with section 28; or

(b) refuses, or fails to make reasonable efforts, to participate in an employment assistance activity that has been required under subsection 29 (1).

(c) Revoked: O. Reg. 261/06, s. 3 (1).

O. Reg. 134/98, s. 33 (1); O. Reg. 227/98, s. 12 (1); O. Reg. 479/01, s. 6 (1); O. Reg. 261/06, s. 3 (1).

(1.1)  In the case of a recipient who is a single person,

(a) if the recipient is otherwise entitled to the benefit set out in subparagraph 1 i of subsection 55 (1), the recipient’s assistance shall be reduced by the sum of the recipient’s budgetary requirements and benefits, except that the amount of the benefit to be paid under subparagraph 1 i of subsection 55 (1) shall not be included in the sum if the administrator is satisfied that the recipient requires the drugs referred to in that subparagraph for a serious illness or serious health condition; or

(b) if the recipient is not otherwise entitled to the benefit set out in subparagraph 1 i of subsection 55 (1), the recipient’s assistance shall be cancelled. O. Reg. 395/04, s. 5 (1).

(1.2)  In the case of a recipient whose benefit unit includes a dependant,

(a) if the benefit set out in subparagraph 1 i of subsection 55 (1) is otherwise payable with respect to the participant to whom subsection (1) applies, the recipient’s assistance shall be reduced by the sum of the budgetary requirements and benefits for the participant, except that the amount of the benefit to be paid with respect to the participant under subparagraph 1 i of subsection 55 (1) shall not be included in the sum if the administrator is satisfied that the participant requires the drugs referred to in that subparagraph for a serious illness or serious health condition; or

(b) if the benefit set out in subparagraph 1 i of subsection 55 (1) is not otherwise payable with respect to the participant to whom subsection (1) applies, the recipient’s assistance shall be reduced by the sum of the budgetary requirements and benefits for the participant. O. Reg. 395/04, s. 5 (1).

(2)  If the recipient is a single person, the assistance shall be reduced under clause (1.1) (a) or cancelled under clause (1.1) (b),

(a) for three months if clause (1) (a) or (b) applies and assistance or income support under the Ontario Disability Support Program Act, 1997 with respect to the person has been previously refused, cancelled or reduced for a reason referred to in one of those clauses; or

(b) for one month otherwise. O. Reg. 134/98, s. 33 (2); O. Reg. 227/98, s. 12 (2, 3); O. Reg. 395/04, s. 5 (2); O. Reg. 261/06, s. 3 (2); O. Reg. 310/10, s. 1 (1, 2).

(3)  If the recipient’s benefit unit includes a dependant, the assistance shall be reduced under subsection (1.2),

(a) for three months if clause (1) (a) or (b) applies and assistance or income support under the Ontario Disability Support Program Act, 1997 with respect to the participant has been previously refused, cancelled or reduced for a reason referred to in one of those clauses; or

(b) for one month otherwise. O. Reg. 314/01, s. 5 (1); O. Reg. 395/04, s. 5 (3); O. Reg. 261/06, s. 3 (3); O. Reg. 310/10, s. 1 (3, 4).

(4)  The one or three-month period referred to in subsections (2) and (3) shall be calculated from the date of the administrator’s decision based on a reason referred to in clause (1) (a) or (b). O. Reg. 261/06, s. 3 (4); O. Reg. 310/10, s. 1 (5).

(4.1)  Despite subsections (2) and (3), if the assistance provided to a recipient is cancelled or reduced on the ground that a participant in the recipient’s benefit unit has refused, or failed to make reasonable efforts, to participate in an employment assistance activity referred to in paragraph 8 or 8.1 of section 26, the assistance shall be cancelled or reduced, as the case may be, until the earlier of,

(a) the date immediately following the date of the expiry of the one or three-month period, whichever is applicable in the circumstances; and

(b) the date on which the participant enters into a participation agreement in which he or she agrees to participate in the employment assistance activity. O. Reg. 479/01, s. 6 (2); O. Reg. 310/10, s. 1 (6).

(5)  If a participant refuses, or fails to make reasonable efforts, to participate in an employment assistance activity that is referred to in paragraph 2.2 of section 26 and that has been required under subsection 29 (1), and if, based on information received from or about the participant, the administrator believes on reasonable grounds that the participant may have a learning disorder, the administrator may give the participant a reasonable period of time not exceeding 90 days to obtain from a member of the College of Physicians and Surgeons of Ontario or a member of the College of Psychologists of Ontario a written statement certifying that the participant has a learning disorder. O. Reg. 314/01, s. 5 (2).

(6)  If the participant obtains the statement referred to in subsection (5) within the period of time given by the administrator under subsection (5), the administrator shall not cancel or reduce the recipient’s assistance under clause (1) (b). O. Reg. 314/01, s. 5 (2).

Non-Compliance with Part III — Applicants

34.  (1)  An administrator shall refuse to provide assistance to an applicant or reduce the amount of assistance for which the applicant is eligible if the applicant or a person who would be a participant if assistance were granted,

(a) refuses to comply with the requirements of section 28; or

(b) refuses to participate in an employment assistance activity that has been required under subsection 29 (1.1) or that will be required under subsection 29 (1).

(c) Revoked: O. Reg. 261/06, s. 4 (1).

O. Reg. 134/98, s. 34 (1); O. Reg. 227/98, s. 13; O. Reg. 314/01, s. 6; O. Reg. 261/06, s. 4 (1).

(2)  If the applicant is a single person, the assistance shall be refused. O. Reg. 479/01, s. 7.

(3)  If the applicant’s benefit unit includes a dependant, the assistance shall be reduced by an amount equal to the budgetary requirements and benefits for the person to whom clause (1) (a) or (b), as the case may be, applies. O. Reg. 479/01, s. 7; O. Reg. 261/06, s. 4 (2).

(4)  Revoked: O. Reg. 261/06, s. 4 (3).

Non-Compliance with Other Conditions of Eligibility

35.  (1)  An administrator shall refuse to provide assistance to an applicant or cancel or reduce the income assistance and benefits provided to a recipient if a member of the benefit unit fails to comply with a condition of eligibility for assistance under the Act or this Regulation other than a matter referred to in section 32, 33 or 34. O. Reg. 134/98, s. 35 (1); O. Reg. 227/98, s. 14; O. Reg. 456/03, s. 1.

(2)  If the recipient is a single person, the assistance shall be cancelled; if the recipient’s benefit unit includes a dependant, the assistance shall be reduced by an amount equal to the budgetary requirements and benefits for the person to whom subsection (1) applies. O. Reg. 134/98, s. 35 (2).

(3)  Assistance shall be refused, cancelled or reduced under subsection (1) as long as the member of the benefit unit fails to comply with the condition of eligibility. O. Reg. 134/98, s. 35 (3).

Non-Compliance with Information Required on Special Diets

36.  (1)  If a person who is requested to provide information under subsection (2) fails to do so, the administrator shall reduce the amount of income assistance for the benefit unit by the amount of the budgetary requirement for a special diet because of a medical condition under paragraph 4 of section 41, paragraph 3 of subsection 44 (1), paragraph 5 of subsection 44 (2), paragraph 3 of subsection 44 (3) or clause 57 (5) (c), as the case may be. O. Reg. 565/05, s. 1; O. Reg. 16/11, s. 1 (1); O. Reg. 347/11, s. 1 (2).

(2)  An administrator may request that a member of a benefit unit who is receiving or is applying to receive an amount for a special diet because of a medical condition under paragraph 4 of section 41, paragraph 3 of subsection 44 (1), paragraph 5 of subsection 44 (2), paragraph 3 of subsection 44 (3) or clause 57 (5) (c) provide information respecting his or her requirement for a special diet because of a medical condition. O. Reg. 565/05, s. 1; O. Reg. 16/11, s. 1 (2); O. Reg. 347/11, s. 1 (3).

36.1  Revoked: O. Reg. 456/03, s. 2.

Re-Application and Reinstatement

37.  (1)  If assistance is refused or cancelled, it shall not be provided or reinstated until the period of ineligibility has expired and a new application for assistance has been made. O. Reg. 134/98, s. 37 (1); O. Reg. 227/98, s. 16 (1).

(2)  Subject to subsection (3), if assistance is reduced, it shall not be reinstated until the period of ineligibility has expired and the recipient or dependant with respect to whom the reduction was made makes a request for reinstatement to the administrator. O. Reg. 134/98, s. 37 (2); O. Reg. 227/98, s. 16 (2).

(3)  If, as a result of more than one reduction to assistance, no assistance is payable to a recipient, the assistance shall be deemed to be cancelled. O. Reg. 134/98, s. 37 (3); O. Reg. 227/98, s. 16 (3).

PART V
ASSETS

Prescribed Limits for Assets

38.  (1)  Subject to subsections (2) and (3), the prescribed limit for assets for a benefit unit, for the purposes of clause 7 (3) (b) of the Act, is equal to,

(a) if the applicant or recipient is a single person, $2,500;

(b) if the applicant or recipient has a spouse included in the benefit unit and there are no other dependants, $5,000;

(c) if the applicant or recipient has a spouse included in the benefit unit and there are one or more other dependants, $5,500 for the applicant or recipient, the spouse and one other dependant plus $500 for each additional dependant;

(d) if the applicant or recipient has no spouse included in the benefit unit and there are one or more dependants, $3,000 for the applicant or recipient and one dependant plus $500 for each additional dependant; and

(e) if the applicant or recipient is a person to whom subsection 11 (2) or (4) applies, $500 for each dependent child. O. Reg. 221/13, s. 2.

(2)  If an applicant or recipient or a spouse included in the benefit unit has applied for income support under the Ontario Disability Support Program Act, 1997, the prescribed limit for assets for the benefit unit is the amount calculated in accordance with Part IV of Ontario Regulation 222/98 (General) made under that Act. O. Reg. 227/98, s. 17 (1); O. Reg. 32/00, s. 8 (4); O. Reg. 294/05, s. 10 (2).

(3)  Subsection (2) applies only once with respect to a benefit unit and shall continue to apply until the application under the Ontario Disability Support Program Act, 1997 is finally disposed of. O. Reg. 134/98, s. 38 (3); O. Reg. 227/98, s. 17 (2).

Determination of Assets

39.  (1)  For the purpose of section 38, the following are not included as assets:

1. Subject to paragraph 2, a person’s interest in the principal residence for the benefit unit.

2. If a person has an interest in property that includes his or her principal residence and the property is normally used for a purpose other than as the principal residence for the benefit unit, that portion of the interest in the property that may reasonably be regarded as attributable to the principal residence, as determined by the administrator.

3. That portion of the sale price of property that is or will be applied, with the approval of the administrator, to the purchase of a principal residence for the benefit unit.

4. An interest in property of a child on whose behalf temporary care assistance is provided, if that property is not used as the child’s principal residence and there is an arrangement with respect to the interest that is approved by the administrator as necessary for the child’s health or welfare.

5. Subject to paragraph 5.1, a person’s interest in a motor vehicle.

5.1 Subject to subsection (2), where there is a second motor vehicle in addition to a motor vehicle referred to in paragraph 5 that is required to enable persons to participate in employment assistance activities or to maintain employment, for the second vehicle the lesser of the value of the person’s interest in the vehicle and $15,000.

6. Tools of the trade that are essential to the employment of a member of the benefit unit.

7. Subject to paragraphs 8 and 9, for persons who are self-employed, business assets that are necessary to the operation of their business, up to a maximum, for each person in the benefit unit who is self-employed and for each business, of $10,000 or a greater amount approved by the administrator.

8. If more than one person in the benefit unit is self-employed in the same business, the amount under paragraph 7 for that business shall not exceed $10,000 or the greater amount approved by the administrator.

9. If one person in the benefit unit is self-employed in more than one business, the amount under paragraph 7 for that person shall not exceed $10,000 or the greater amount approved by the administrator.

10. That portion of a student or trainee loan, grant or award approved by the administrator, so long as the person for whose benefit the loan, grant or award is provided remains in attendance in the program of study or training for which it is intended.

11. A prepaid funeral up to an amount approved by the Director.

12. Subject to subsections (3) and (4), an amount received as compensation for pain and suffering or expenses incurred or to be incurred as a result of an injury to or the death of a member of the benefit unit.

12.1 Subject to subsection (3), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.

12.2 Subject to subsection (3), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act.

13. A payment received under any of the following agreements to which the Province of Ontario is a party:

i. The Helpline Reconciliation Model Agreement.

ii. The Multi-Provincial/Territorial Assistance Program Agreement.

iii. The Grandview Agreement.

14. The earnings of any member of the benefit unit who is younger than 18 years of age or the amount paid to such a member under a training program.

14.1 The earnings of any adult member of the benefit unit who is attending secondary school full time or the amount paid to an adult member under a training program while the member is attending school or the training program.

14.2 The earnings of any adult member of the benefit unit while the member was attending secondary school full time or a training program if the earnings,

i. are being used for training or post-secondary education costs, or

ii. within a reasonable period as determined by the administrator, are to be used for training or post-secondary education costs.

14.3 The earnings of, or an amount paid under a training program to, any member of a benefit unit in attendance in a program of study at a post-secondary institution or earned or paid in the 16 weeks preceding attendance if,

i. the member of the benefit unit is enrolled in at least 60 per cent of a full-time course load,

ii. the member of the benefit unit,

A. is enrolled in a program of study approved under section 7 of Ontario Regulation 268/01 (Ontario Student Loans Made After July 31, 2001) made under the Ministry of Training, Colleges and Universities Act, or

B. is enrolled in a program of study at an institution approved under section 8 of Ontario Regulation 268/01, that prepares the member of the benefit unit for application for registration by a regulated profession named in Schedule 1 to the Fair Access to Regulated Professions Act, 2006 or for application for registration by a health profession named in Schedule 1 to the Regulated Health Professions Act, 1991,

iii. the earnings or the amount paid are used for the approved program of study referenced in subparagraph ii, and

iv. the earnings are earned or the amount is paid while the person is a member of a benefit unit that is in receipt of income assistance under the Act or income support under the Ontario Disability Support Program Act, 1997.

14.4 Revoked: O. Reg. 221/13, s. 3 (5).

15. An interest in real property of a dependent child, other than an interest described in paragraph 1, if reasonable efforts are being made to sell the property.

16. A payment received under the Extraordinary Assistance Plan (Canada).

17. That portion of a loan that the administrator is satisfied will be applied within a reasonable period to the payment of first and last month’s rent necessary to secure accommodation for the benefit unit.

18. That portion of a loan that the administrator is satisfied will be applied within a reasonable period to the purchase of a motor vehicle required for a participant’s employment assistance activities or for a person to maintain employment.

19. A payment received under the Ontario Hepatitis C Assistance Plan.

20. That portion of a payment received under the Ministry of Community and Social Services Act for a person’s successful participation in a program of activities described in clause 2 (3) (e), paragraph 3 of subsection 10 (7) or paragraph 9 of section 26 if, within a reasonable period as determined by the administrator, it is to be used for the person’s post-secondary education.

21. A Registered Education Savings Plan, as defined in section 146.1 of the Income Tax Act (Canada), held by a subscriber in respect of a beneficiary who is related to the subscriber by blood, marriage or adoption.

21.1 Funds held in a registered disability savings plan as defined in subsection 146.4 (1) of the Income Tax Act (Canada).

22. A payment received under the Pre-1986/Post-1990 Hepatitis C Settlement Agreement made as of December 14, 2006 among the Attorney General of Canada and Class Action Representative Plaintiffs, other than a payment for loss of income under section 2.05 of the Agreement, a payment for loss of services under section 2.06 of the Agreement and compensation to dependants under section 4.04 of the Agreement.

23. A lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others, other than a loss of income payment or a loss of support payment.

24. A payment received from Employment and Social Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities that have been approved by the administrator.

25. A payment received under the Walkerton Compensation Plan, other than a payment for future lost income.

25.1 A payment received by a class member from the Settlement Fund in the Huronia Regional Centre class action.

25.2 A payment received by a class member from the Settlement Fund in the Rideau Regional Centre class action.

25.3 A payment received by a class member from the Settlement Fund in the Southwestern Regional Centre class action.

26. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money, in the opinion of the administrator, will be applied within a reasonable period to a purpose set out in paragraph 15 of subsection 54 (1).

27. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income, if, in the opinion of the administrator, the payment will be used within a reasonable period for the purpose for which it was made.

28. An amount received as compensation, other than compensation for loss of income, related to a claim of abuse sustained at an Indian residential school, including compensation received under the Indian Residential Schools Settlement Agreement.

29. A personal credit within the meaning of section 5.07 of the Indian Residential Schools Settlement Agreement.

30. The value of grants, items or services provided for the purposes of energy efficiency and conservation by gas distribution utilities, local distribution companies, a municipality, the Ontario Power Authority, the Government of Ontario or the Government of Canada.

31. Payments made under the Quest for Gold – Ontario Athlete Assistance Program, administered by the Ministry of Tourism, Culture and Sport.

32. Payments made under the Transplant Patient Expense Reimbursement Program funded by the Ministry of Health and Long-Term Care, if the payments are used or will be used, within a reasonable period as determined by the administrator, for the purpose for which they were intended.

33. A payment made in accordance with the Ontario Child Benefit Equivalent Act, 2009.

34. A payment made under the Ministry of Municipal Affairs and Housing’s Ontario Renovates program, if, in the opinion of the administrator, the payment will be used within a reasonable time and for the purpose for which it was paid.

35. A loan, including a forgiven loan, or contribution received from the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada), if, in the opinion of the administrator, the loan or contribution will be used within a reasonable time and for the purpose for which it was given.

36. Payments made by either or both of the Ministry of Economic Development, Trade and Employment and the Ministry of Training, Colleges and Universities under the Youth Jobs Strategy, if, in the opinion of the administrator, the payment will be used within a reasonable period and for the purpose for which it was paid.

37. That portion of a grant received under the Northern Health Travel Grant Program, administered by the Ministry of Health and Long-Term Care, that exceeds the amount paid under subparagraph 1 iii.1 of subsection 55 (1) for the same trip. O. Reg. 134/98, s. 39; O. Reg. 227/98, s. 18 (1-5); O. Reg. 546/98, s. 3; O. Reg. 165/99, s. 5 (1-4); O. Reg. 170/99, s. 4; O. Reg. 32/00, s. 9; O. Reg. 326/00, s. 2; O. Reg. 586/00, s. 1; O. Reg. 236/01, s. 1; O. Reg. 395/04, s. 6 (1-6); O. Reg. 261/06, s. 5; O. Reg. 166/07, s. 2; O. Reg. 424/08, s. 1; O. Reg. 49/09, s. 1; O. Reg. 118/09, s. 3; O. Reg. 208/10, s. 2 (1, 2); O. Reg. 287/10, s. 1; O. Reg. 189/12, s. 1; O. Reg. 407/12, s. 1; O. Reg. 221/13, s. 3; O. Reg. 11/14, s. 1; O. Reg. 12/14, s. 1; O. Reg. 115/14, s. 1.

(2)  The limits set out in paragraph 5 of subsection (1) apply only after the person has been in continuous receipt of income assistance for at least six months. O. Reg. 165/99, s. 5 (5).

(3)  The total amount allowed under paragraphs 12, 12.1 and 12.2 of subsection (1) shall not exceed $25,000. O. Reg. 395/04, s. 6 (7).

(4)  The exemption under paragraph 12 of subsection (1) does not apply to amounts paid under the following provisions:

1. Subsections 13 (1), (2), (3), (7) and (8) of Regulation 672 of the Revised Regulations of Ontario 1990 (Statutory Accident Benefits Schedule — Accidents before January 1, 1994) made under the Insurance Act.

2. Section 19 of Ontario Regulation 776/93 (Statutory Accident Benefits Schedule — Accidents after December 31, 1993 and before November 1, 1996) made under the Insurance Act.

3. Section 12 of Ontario Regulation 403/96 (Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996) made under the Insurance Act.

4. Section 12 of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010) made under the Insurance Act. O. Reg. 208/10, s. 2 (3, 4).

PART VI
CALCULATION OF ASSISTANCE

General Rule

40.  (1)  The amount of income assistance for a benefit unit shall be calculated on a monthly basis by determining the budgetary requirements of the benefit unit in accordance with sections 41 to 44.1, reducing that amount in accordance with sections 44.2 to 47.2 and subtracting from that amount the income of the benefit unit, determined in accordance with sections 48 to 54. O. Reg. 134/98, s. 40 (1); O. Reg. 261/06, s. 6; O. Reg. 479/07, s. 2; O. Reg. 226/08, s. 2.

(2)  Despite subsection (1), the budgetary requirements for a recipient in the month in which falls the recipient’s effective date for eligibility, as determined by the administrator under section 25 of the Act,

(a) with respect to shelter, shall be deemed to be the lesser of,

(i) the amount the administrator has determined for one full month’s shelter cost, and

(ii) the amount of the recipient’s actual shelter costs that remain unpaid on the effective date; and

(b) with respect to basic needs, shall be prorated based on the number of days remaining in the month beginning with the effective date. O. Reg. 377/05, s. 5.

General Budgetary Requirements

41.  (1)  The budgetary requirements for an applicant or recipient to whom sections 43, 44 and 44.1 do not apply shall be equal to the sum of the following amounts:

1. The amount payable for basic needs determined in accordance with the following:

TABLE

Number of Dependants other than a Spouse

Dependants 18 Years or Older

Dependants 0-17 Years

Recipient
Amount in dollars

Recipient and Spouse
Amount in dollars

0

0

0

280

463

1

0

1

339

463

1

1

0

582

609

2

0

2

339

463

2

1

1

582

609

2

2

0

728

771

3

0

3

339

463

3

1

2

582

609

3

2

1

728

771

3

3

0

891

934

For each additional dependant, add $163 if the dependant is 18 years of age or older or $0 if the dependant is 0 to 17 years of age.

2. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an amount determined in accordance with the following Table:

TABLE

Number of Dependants other than a Spouse

Recipient
Amount in dollars

Recipient and Spouse
Amount in dollars

0

210

313

1

338

384

2

406

456

For each additional dependant, add $72.

3. The amount payable for the cost of shelter calculated under section 42.

4. Subject to subsection (2), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

ii. $250.

5. A monthly amount for personal needs due to advanced age equal to $40 with respect to each member of the benefit unit who has attained the age of 65 years.

6. For the month in which an approved health professional confirms that a member of the benefit unit is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the member of the benefit unit is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

i. $50, if an approved health professional confirms that the person requires a non-dairy diet, or

ii. $40, otherwise. O. Reg. 134/98, s. 41; O. Reg. 227/98, s. 19; O. Reg. 32/00, s. 10; O. Reg. 171/04, s. 4; O. Reg. 417/04, s. 2; O. Reg. 294/05, s. 11; O. Reg. 565/05, s. 2 (1); O. Reg. 19/06, s. 1; O. Reg. 464/06, s. 2; O. Reg. 266/07, s. 2; O. Reg. 479/07, s. 3; O. Reg. 226/08, s. 3; O. Reg. 361/08, s. 2; O. Reg. 179/09, s. 1; O. Reg. 380/09, s. 2; O. Reg. 379/10, s. 2; O. Reg. 16/11, s. 2 (1); O. Reg. 301/11, s. 2; O. Reg. 347/11, s. 2; O. Reg. 205/12, s. 2; O. Reg. 200/13, s. 1; O. Reg. 221/13, s. 4; O. Reg. 48/14, s. 1; O. Reg. 164/14, s. 1.

(2)  For the purposes of paragraph 4 of subsection (1), in order to establish for the administrator that a member of the benefit unit requires or, in the case of a reassessment continues to require, a special diet allowance, the member shall submit to the administrator the following:

1. A special diet allowance application form approved by the Director, specifying the medical condition for which the special diet allowance is being requested and completed by an approved health professional and by the member.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the administrator under subsection 36 (2).

3. An additional application form approved by the Director and completed by an approved health professional, other than the health professional who completed the application form under paragraph 1 or any earlier forms, as requested by the administrator. O. Reg. 16/11, s. 2 (2); O. Reg. 347/11, s. 2.

(3)  Revoked: O. Reg. 12/14, s. 2.

Shelter

42.  (1)  In this section,

“shelter” means the cost for a dwelling place used as a principal residence with respect to any of the following:

1. Rent, other than amounts paid for parking and cable.

2. Principal and interest on a mortgage or loan incurred to purchase the dwelling place or to make repairs that the administrator determines are necessary in order for the property to continue to be used as a dwelling place.

3. Occupancy costs paid under an agreement to purchase the dwelling place.

4. Taxes.

5. Premiums for an insurance policy with respect to the dwelling place or its contents.

6. Reasonable and necessary payments, approved by the administrator, for the preservation, maintenance and use of the dwelling place.

7. Common expenses required to be contributed for a condominium unit or a co-operative housing unit except that portion of the common expenses allocated to the cost of energy for heat.

8. The following utilities, if they are not included in rent or common expenses:

i. An energy source used for household purposes other than for heat.

ii. Water and sewage.

iii. Rental of a furnace and a hot water heater.

9. Rent under a land lease.

10. The cost of energy for heat. O. Reg. 134/98, s. 42 (1); O. Reg. 227/98, s. 20 (1, 2); O. Reg. 165/99, s. 6.

(2)  The following rules apply for calculating the cost of shelter:

1. Determine the actual cost payable for shelter under subsection (1).

2. Determine the maximum amount payable for shelter in accordance with the following Table:

TABLE

Benefit Unit Size

Maximum Monthly Shelter Allowance
Amount in dollars

1

376

2

602

3

655

4

710

5

766

6 or more

793

3. Subject to paragraph 4, the amount payable for shelter shall be the lesser of the amount determined under paragraph 1 and the maximum amount determined under paragraph 2.

4. If the cost of energy for heat exceeds the maximum amount payable for shelter under paragraph 2, the cost payable for shelter shall be the cost of energy for heat.

5. If an applicant or a recipient is a tenant of an authority or agency that provides low rental housing accommodation on behalf of Canada, Ontario or a municipality, shelter does not include that portion of the rent for which the applicant or recipient is liable with respect to a person living in that rental accommodation who is not a member of the benefit unit. O. Reg. 134/98, s. 42 (2); O. Reg. 227/98, s. 20 (3); O. Reg. 272/98, s. 4; O. Reg. 417/04, s. 3; O. Reg. 464/06, s. 3; O. Reg. 266/07, s. 3; O. Reg. 361/08, s. 3; O. Reg. 380/09, s. 3; O. Reg. 310/10, s. 2; O. Reg. 379/10, s. 3; O. Reg. 301/11, s. 3; O. Reg. 205/12, s. 3; O. Reg. 221/13, s. 5; O. Reg. 164/14, s. 2.

Budgetary Requirements in Other Special Cases

42.1  Revoked: O. Reg. 464/06, s. 4.

43.  (1)  The budgetary requirements for an applicant or recipient who is resident in a long-term care home shall be equal to $138 per month for each member of the benefit unit. O. Reg. 266/07, s. 4; O. Reg. 361/08, s. 4; O. Reg. 380/09, s. 4; O. Reg. 110/10, s. 3; O. Reg. 379/10, s. 4; O. Reg. 301/11, s. 4; O. Reg. 205/12, s. 4; O. Reg. 221/13, s. 6; O. Reg. 164/14, s. 3.

(2)  The budgetary requirements for an applicant or recipient of emergency hostel services provided in a territory that is designated as a geographic area under section 2, 2.1, 2.2 or 2.3 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act shall be an amount approved by the Director for providing the benefit unit with board, lodging and personal needs. O. Reg. 189/12, s. 2.

44.  (1)  The budgetary requirements for an applicant or recipient who receives board and lodging from the same source and who is not a person whose budgetary requirements are determined under subsection (2) or (3) or section 43 shall be equal to the sum of the following amounts:

1. The amount paid for board and lodging up to the maximum set out in the following Table:

TABLE

Dependants other than a Spouse

Dependants 18 Years or Older

Dependants 0-17 Years

Recipient
Amount in dollars

Recipient and Spouse
Amount in dollars

0

0

0

464

646

1

0

1

598

705

1

1

0

704

741

2

0

2

665

761

2

1

1

771

797

2

2

0

816

831

3

0

3

728

817

3

1

2

834

853

3

2

1

879

887

3

3

0

915

921

For each additional dependant of a sole support parent, add $111 if the dependant is 18 years of age or older or $63 if the dependant is 0 to 17 years of age. Otherwise, for each additional dependant, add $93 if the dependant is 18 years of age or older or $56 if the dependant is 0 to 17 years of age.

2. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an amount determined in accordance with the following Table:

TABLE

Number of Dependants other than a Spouse

Recipient
Amount in dollars

Recipient and Spouse
Amount in dollars

0

210

313

1

329

367

2

393

432

3

459

499

For each additional dependant, add $69.

3. Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

ii. $250.

4. For each member of the benefit unit who is 65 years of age or older, an amount for personal needs due to advanced age equal to $40.

5. $65 (Special Boarder Allowance).

6. For the month in which an approved health professional confirms that a member of the benefit unit is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the member of the benefit unit is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

i. $50, if an approved health professional confirms that the person requires a non-dairy diet, or

ii. $40, otherwise. O. Reg. 134/98, s. 44 (1); O. Reg. 227/98, s. 21 (1-3); O. Reg. 32/00, s. 11 (1, 2); O. Reg. 171/04, s. 5 (1, 2); O. Reg. 417/04, s. 6 (1-3); O. Reg. 294/05, s. 12 (1, 2); O. Reg. 565/05, s. 3 (1); O. Reg. 19/06, s. 2 (1); O. Reg. 464/06, s. 6 (1-4); O. Reg. 266/07, s. 5 (1-4); O. Reg. 479/07, s. 4 (1); O. Reg. 119/08, s. 1; O. Reg. 361/08, s. 5 (1-4); O. Reg. 380/09, s. 5 (1-4); O. Reg. 379/10, s. 5 (1-4); O. Reg. 16/11, s. 3 (1); O. Reg. 301/11, s. 5 (1-4); O. Reg. 347/11, s. 3; O. Reg. 205/12, s. 5 (1-4); O. Reg. 221/13, s. 7 (1-4); O. Reg. 164/14, s. 4 (1-4).

(2)  The budgetary requirements for an applicant or recipient who is a sole support parent to whom subsection 11 (2) or (4) applies or is a sole support parent who is a dependant under the Ontario Disability Support Program Act, 1997 shall be equal to the sum of the following amounts:

1. An amount for dependants of the dependant determined in accordance with the following Table:

TABLE

Number of Dependants of the Dependant

Maximum Amount
Amount in dollars

1

342

2

393

3

449

4

504

5 or more

533

2. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an additional amount equal to the sum of $153 for the first dependant of the dependant, $68 for the second dependant of the dependant and $72 for any subsequent dependants of the dependant.

3., 4. Revoked: O. Reg. 301/11, s. 5 (5).

5. Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

ii. $250.

6. For the month in which an approved health professional confirms that a dependant of the dependant is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the dependant of the dependant is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

i. $50, if an approved health professional confirms that the person requires a non-dairy diet, or

ii. $40, otherwise. O. Reg. 134/98, s. 44 (2); O. Reg. 227/98, s. 21 (4); O. Reg. 165/99, s. 7; O. Reg. 171/04, s. 5 (3); O. Reg. 417/04, s. 6 (4-7); O. Reg. 565/05, s. 3 (2); O. Reg. 19/06, s. 2 (2); O. Reg. 464/06, s. 6 (5-8); O. Reg. 266/07, s. 5 (5); O. Reg. 361/08, s. 5 (5); O. Reg. 380/09, s. 5 (5); O. Reg. 379/10, s. 5 (5); O. Reg. 16/11, s. 3 (2); O. Reg. 301/11, s. 5 (5-7); O. Reg. 347/11, s. 3; O. Reg. 205/12, s. 5 (5, 6); O. Reg. 221/13, s. 7 (5, 6); O. Reg. 164/14, s. 4 (5, 6).

(3)  The budgetary requirements for an applicant or recipient who resides in the same dwelling place as a person who is his or her parent or the parent of his or her spouse included in the benefit unit shall be equal to the sum of the following amounts:

1. An amount determined in accordance with the following:

TABLE

Number of Dependants other than a Spouse

Dependants 18 Years or Older

Dependants 0-17 Years

Recipient
Amount in dollars

Recipient and Spouse
Amount in dollars

0

0

0

280

463

1

0

1

339

463

1

1

0

582

609

2

0

2

339

463

2

1

1

582

609

2

2

0

728

771

For each additional dependant, add $163 if the dependant is 18 years of age or older or $0 if the dependant is 0 to 17 years of age.

2. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an amount determined in accordance with the following Table:

TABLE

Number of Dependants other than a Spouse

Recipient
Amount in dollars

Recipient and Spouse
Amount in dollars

0

210

313

1

338

384

2

406

456

For each additional dependant, add $72.

3. Subject to subsection (6), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a member of the benefit unit requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each member of the benefit unit,

i. the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

ii. $250.

4. $65 (Special Boarder Allowance).

5. For the month in which an approved health professional confirms that a member of the benefit unit is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the member of the benefit unit is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

i. $50, if an approved health professional confirms that the person requires a non-dairy diet, or

ii. $40, otherwise. O. Reg. 294/05, s. 12 (3); O. Reg. 383/05, s. 2 (1); O. Reg. 565/05, s. 3 (3); O. Reg. 19/06, s. 2 (3); O. Reg. 464/06, s. 6 (9-11); O. Reg. 266/07, s. 5 (6-8); O. Reg. 479/07, s. 4 (2); O. Reg. 226/08, s. 4; O. Reg. 361/08, s. 5 (6-8); O. Reg. 179/09, s. 2; O. Reg. 380/09, s. 5 (6-8); O. Reg. 379/10, s. 5 (6-8); O. Reg. 16/11, s. 3 (3); O. Reg. 301/11, s. 5 (8-10); O. Reg. 347/11, s. 3; O. Reg. 205/12, s. 5 (7-9); O. Reg. 200/13, s. 2; O. Reg. 221/13, s. 7 (7-9); O. Reg. 48/14, s. 2; O. Reg. 164/14, s. 4 (7-9).

(4)  The budgetary requirements set out in subsection (3) do not apply to a person who is an applicant or recipient if he or she meets any one of the following criteria:

1. The parent with whom the person is living is in receipt of a payment under Part II of the Old Age Security Act (Canada) or a payment under the Ontario Guaranteed Annual Income Act.

2. The person, or the spouse of the person, rents or owns the dwelling place in which he or she and the parent reside.

3. The person establishes to the satisfaction of the administrator that he or she, or his or her spouse, has a legal obligation to pay or to contribute to one or more of the elements of shelter cost set out in paragraphs 1 to 10 of the definition of “shelter” in subsection 42 (1) for the dwelling place.

4. The person establishes to the satisfaction of the administrator that he or she is required by the parent to pay for shelter in order to continue to reside in the dwelling place of the parent. O. Reg. 383/05, s. 2 (2).

(5)  Despite a determination that a person is financially independent within the meaning of subsection 2 (2), the person may elect to be considered not financially independent if he or she would, but for his or her election under this subsection, have his or her budgetary requirements determined under subsection (3). O. Reg. 383/05, s. 2 (2).

(6)  For the purposes of paragraph 3 of subsection (1), paragraph 5 of subsection (2) and paragraph 3 of subsection (3), in order to establish for the administrator that a member of the benefit unit requires, or in the case of a reassessment continues to require, a special diet allowance, the member shall submit to the administrator the following:

1. A special diet allowance application form approved by the Director, specifying the medical condition for which the special diet allowance is being requested and completed by an approved health professional and by the member.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the administrator under subsection 36 (2).

3. An additional application form approved by the Director and completed by an approved health professional, other than the health professional who completed the application form under paragraph 1 or any earlier forms, as requested by the administrator. O. Reg. 16/11, s. 3 (4); O. Reg. 347/11, s. 3.

(7)  Revoked: O. Reg. 12/14, s. 3.

Budgetary Requirements for Residents of Interval and Transition Homes

44.1  (1)  Subject to subsection (2), an applicant’s or recipient’s budgetary requirements are determined under section 41 or subsection 44 (1), as the case may be, if the applicant or recipient,

(a) is a resident in an interval or transition home for abused women; and

(b) needs assistance for the cost of shelter for her previous dwelling place in order to preserve her right to return to occupy that dwelling place as her principal residence. O. Reg. 395/04, s. 9.

(2)  After three months of determining in accordance with subsection (1) the budgetary requirements of an applicant or recipient to whom that subsection applies, the administrator may reduce the budgetary requirements of the applicant or recipient to an amount that is,

(a) Revoked: O. Reg. 205/12, s. 6 (1).

(b) not less than the sum of $130 for each member of the benefit unit, with respect to determinations relating to a month after November 30, 2010 and before December 1, 2011;

(c) not less than the sum of $132 for each member of the benefit unit, with respect to determinations relating to a month after November 30, 2011 and before December 1, 2012;

(d) not less than the sum of $134 for each member of the benefit unit, with respect to determinations relating to a month after November 30, 2012 and before October 1, 2013;

(e) not less than the sum of $136 for each member of the benefit unit, with respect to determinations relating to a month after September 30, 2013 and before October 1, 2014; and

(f) not less than the sum of $138 for each member of the benefit unit, with respect to determinations relating to a month after September 30, 2014. O. Reg. 379/10, s. 6 (1); O. Reg. 301/11, s. 6 (1); O. Reg. 205/12, s. 6 (1, 2); O. Reg. 221/13, s. 8 (1); O. Reg. 164/14, s. 5 (1).

(3)  The budgetary requirements of an applicant or recipient who is a resident in an interval or transition home but to whom subsection (1) does not apply are an amount equal to $138 per month for each member of the benefit unit. O. Reg. 361/08, s. 6; O. Reg. 380/09, s. 6 (2); O. Reg. 379/10, s. 6 (2); O. Reg. 301/11, s. 6 (2); O. Reg. 205/12, s. 6 (3); O. Reg. 221/13, s. 8 (2); O. Reg. 164/14, s. 5 (2).

Reduction of Budgetary Requirements (Shared Custody) — General

44.2  The amount payable for a child under paragraphs 1, 2, 4 and 6 of subsection 41 (1), paragraphs 2, 3 and 6 of subsection 44 (1) and paragraphs 1, 2, 3 and 5 of subsection 44 (3) shall be reduced by 50 per cent, if it has been determined that a member of a benefit unit,

(a) is eligible to receive the Canada Child Tax Benefit as a shared-custody parent, within the meaning of section 122. 61 of the Income Tax Act (Canada), in respect of the child; or

(b) shares physical custody of the child on an approximately equal basis, as determined under subclause 2 (3) (c) (ii). O. Reg. 139/11, s. 2.

45.  Revoked: O. Reg. 310/10, s. 3.

Reduction of Budgetary Requirements — Persons Detained in Custody

46.  (1)  If a person is detained or residing in a place described in section 8, the budgetary requirements of the person for the month that he or she is first detained or residing in such a place and of any subsequent full month that the person is detained or residing in such a place shall be reduced for the number of days that the person is detained or residing in such a place. O. Reg. 134/98, s. 46 (1); O. Reg. 546/98, s. 4 (1).

(2)  In the month that a person is released from a place described in subsection (1),

(a) the budgetary requirements, other than the amount payable for shelter, payable to or on behalf of the person shall be reduced for the number of days that the person was detained or residing in a place described in section 8; and

(b) the budgetary requirements for shelter of the person may be reduced for the number of days that the person was detained or residing in a place described in section 8. O. Reg. 134/98, s. 46 (2); O. Reg. 546/98, s. 4 (2, 3).

Reduction of Budgetary Requirements — Patient in a Hospital

47.  (1)  Subject to subsection (2), if a member of the benefit unit is a patient in a hospital, the administrator may reduce the budgetary requirements for the person who is hospitalized. O. Reg. 227/98, s. 22.

(2)  Subsection (1) does not apply for the first three months that the member of the benefit unit is a patient in a hospital. O. Reg. 227/98, s. 22.

Reduction of Budgetary Requirements — Person in Residential Program for the Treatment of Substance Addiction

47.1  (1)  Subject to subsection (2), if a member of the benefit unit resides in a facility for the purpose of participating in a residential program for treatment of substance addiction, the administrator may reduce the budgetary requirements for that member. O. Reg. 261/06, s. 7.

(2)  Subsection (1) does not apply for the first three months that the member of the benefit unit resides in such a facility. O. Reg. 261/06, s. 7.

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 58.3 for Same Months

47.2  (1)  If a member of a benefit unit receives a retroactive payment of the Ontario child benefit under section 8.6.2 of the Income Tax Act or a retroactive payment under subsection 122.61 (1) of the Income Tax Act (Canada) and during all or part of the period covered by the retroactive payment the recipient also received a transition child benefit under section 58.3, the budgetary requirements of the recipient shall be reduced, in accordance with subsection (2), in the month following the month in which the retroactive payment is received. O. Reg. 479/07, s. 5.

(2)  The amount of the reduction in the budgetary requirements under subsection (1) shall be calculated as follows:

A = the lesser of B and (C + (D – (E × F)))

where,

A = the reduction in the budgetary requirements,

B = the total amount of the transition child benefit received under section 58.3,

C = the total amount of the Ontario child benefit received under section 8.6.2 of the Income Tax Act,

D = the total payment with respect to dependent children that represents item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada),

E = the sum of $43.75 for the first dependent child, $41.99 for the second dependent child and $41.41 for each additional dependent child, and

F = the number of months in which the transition child benefit was received.

O. Reg. 479/07, s. 5; O. Reg. 119/08, s. 2 (1).

(3)  Despite subsection (2), a recipient’s budgetary requirements shall not be reduced under this section to less than $2.50. O. Reg. 119/08, s. 2 (2).

Note: On March 1, 2015, section 47.2 is revoked and the following substituted: (See: O. Reg. 164/14, ss. 6, 11 (3))

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 58.3 for Same Months

47.2  (1)  If a member of a benefit unit receives a retroactive payment of the Ontario child benefit under section 104 of the Taxation Act, 2007 or a retroactive payment under subsection 122.61 (1) of the Income Tax Act (Canada) and during all or part of the period covered by the retroactive payment the recipient also received a transition child benefit under section 58.3, the budgetary requirements of the recipient shall be reduced in accordance with this section. O. Reg. 164/14, s. 6.

(2)  The amount of the reduction in the budgetary requirements of the recipient shall be calculated as follows:

A = the lesser of B and (C + (D – (E × F)))

where,

A = the aggregate reduction in the budgetary requirements over the period described in subsection (3),

B = the total amount of the transition child benefit received under section 58.3,

C = the total amount of the Ontario child benefit received under section 104 of the Taxation Act, 2007,

D = the total payment with respect to dependent children that represents item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada),

E = the sum of $43.75 for the first dependent child, $41.99 for the second dependent child and $41.41 for each additional dependent child, and

F = the number of months in which the transition child benefit was received.

O. Reg. 164/14, s. 6.

(3)  The budgetary requirements of the recipient shall be reduced over a period of up to three months beginning in the month following the month in which the retroactive payment is received. O. Reg. 164/14, s. 6.

(4)  The following rules apply with respect to the reduction in the budgetary requirements:

1. The budgetary requirements shall not be reduced to less than $2.50 in any month.

2. In the first month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2).

3. In the second month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2) not recovered in the first month.

4. In the third month, the budgetary requirements shall be reduced by the amount of item “A” in the formula set out in subsection (2) not recovered in the first and second months. O. Reg. 164/14, s. 6.

(5)  This section, as it read immediately before March 1, 2015, continues to apply with respect to a retroactive payment of the Ontario child benefit under section 8.6.2 of the Income Tax Act or section 104 of the Taxation Act, 2007 or a retroactive payment under subsection 122.61 (1) of the Income Tax Act (Canada) received before March 1, 2015. O. Reg. 164/14, s. 6.

Calculating Income — General Rule

48.  (1)  Subject to sections 49 to 54, income shall be determined for a month by adding the total amount of all payments of any nature paid to or on behalf of or for the benefit of every member of the benefit unit during the period determined by the Director. O. Reg. 134/98, s. 48 (1).

(2)  For the purposes of subsection (1), income shall include the monetary value of items and services provided to the members of the benefit unit as well as amounts of income deemed to be available to members of the benefit unit. O. Reg. 134/98, s. 48 (2).

(3)  A payment to a person made with respect to a number of months shall be applied to those months. O. Reg. 134/98, s. 48 (3).

(4)  Despite subsection (1), if the budgetary requirements of an applicant or recipient are calculated under subsection 44 (2), income shall include the total amount of all payments of any nature paid to or on behalf of or for the benefit of any dependants of the dependant. O. Reg. 227/98, s. 23.

(5)  Income as determined under subsections (1) to (4) shall be reduced in accordance with subsection (6) if,

(a) income is being determined for a month in which a recipient’s budgetary requirements are reduced in accordance with section 47.2; and

(b) after the reduction described in clause (a), the recipient’s budgetary requirements are less than or equal to income as determined under subsections (1) to (4). O. Reg. 119/08, s. 3.

(6)  The amount of the reduction under subsection (5) shall be calculated in accordance with the following formula:

A = (B – C) + $2.50

where,

A = the reduction in income for the month,

B = income for the month as determined under subsections (1) to (4), and

C = budgetary requirements for the month.

O. Reg. 119/08, s. 3.

Treatment of Earnings

49.  (1)  The following rules apply with respect to the treatment of earnings:

1. The sum of the total amount of gross monthly income from employment, the amounts paid under a training program and net monthly income as determined by the administrator from an interest in or operation of a business shall be reduced by,

i. the total of all deductions required by law or by the terms of employment that are deductions,

A. from wages, salaries, casual earnings or amounts paid under a training program, and

B. made with respect to income tax, Canada Pension Plan, employment insurance, union dues or pension contributions,

ii. $200 per adult member of the benefit unit with earnings, which earnings are not otherwise fully exempted by this section,

iii. 50 per cent of the amount by which the monthly income determined under this paragraph exceeds the total amount of exemptions to which the member of the benefit unit is entitled under subparagraphs i and ii,

iv. child care expenses actually incurred, and not otherwise reimbursed or subject to reimbursement up to the maximum amounts provided in paragraph 2, for each dependent child and for each child on whose behalf temporary care assistance is provided pursuant to section 57 if,

A. the child care expenses are necessary to permit a recipient or a spouse included in the benefit unit or a dependent adult to be employed or to participate in an employment assistance activity,

B. the child care expenses are not paid to a member of the benefit unit, and

C. the recipient has not received reimbursement for the child care expenses through the Child Care Tax Credit under subsection 8 (15.2) of the Income Tax Act.

1.1 For the purposes of subparagraph 1 iv, payments made under section 8.5 of the Income Tax Act shall not be considered reimbursement for child care expenses actually incurred.

2. The maximum amount of child care expenses permitted for each child,

i. is the actual amount paid, if those expenses are paid,

A. to a person licensed under the Day Nurseries Act, and

B. to a board, within the meaning of the Education Act, for an extended day program operated by the board under the Education Act, and

ii. otherwise is $600.

3. Subject to paragraph 4, a reduction of income under subparagraphs 1 ii and iii shall not be included when income is being determined for the purposes of,

i. determining whether an applicant is eligible for assistance, or

ii. determining the amount of assistance payable for the first three months during which an applicant is eligible to receive income assistance.

4. Paragraph 3 does not apply with respect to an application if,

i. income assistance under the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 was continuously paid for at least three months to the applicant or to another person on behalf of the applicant,

ii. that assistance or income support was cancelled,

iii. the effective date of the cancellation was less than six months before the date of the application, and

iv. on the effective date of the cancellation, the applicant’s income included income from employment, amounts paid under a training program or income from an interest in or operation of a business.

5. The earnings of any member of the benefit unit who is younger than 18 years of age or the amount paid to such a member under a training program shall not be included in income.

6. The earnings of any adult member of the benefit unit who is attending secondary school full time or the amount paid to such a member under a training program shall not be included in income.

7. Revoked: O. Reg. 221/13, s. 9 (5).

8. If a person’s normal income is reduced because he or she is engaged in a labour dispute, that person shall be deemed to be in receipt of income from employment equal to the amount being received from that source in the month before that person’s income was affected by the dispute.

9. If paragraph 8 applies, strike pay up to the amount deemed as income under that paragraph shall not be included as income.

10. The earnings of, or an amount paid under a training program to, any member of a benefit unit in attendance in a program of study at a post-secondary institution or earned or paid in the 16 weeks preceding attendance shall not be included in income if,

i. the member of the benefit unit is enrolled in at least 60 per cent of a full-time course load, and

ii. the member of the benefit unit,

A. is enrolled in a program of study approved under section 7 of Ontario Regulation 268/01 (Ontario Student Loans Made After July 31, 2001) made under the Ministry of Training, Colleges and Universities Act, or

B. is enrolled in a program of study at an institution approved under section 8 of Ontario Regulation 268/01, that prepares the member of the benefit unit for application for registration by a regulated profession named in Schedule 1 to the Fair Access to Regulated Professions Act, 2006 or for application for registration by a health profession named in Schedule 1 to the Regulated Health Professions Act, 1991.

11. Subject to paragraph 12, the exemption of earnings or amount paid under a training program under paragraph 10 shall not apply when income is being determined for the purposes of,

i. determining whether an applicant is eligible for assistance, or

ii. determining the amount of assistance payable for the first three months during which an applicant is eligible to receive income assistance.

12. Paragraph 11 does not apply with respect to an application if,

i. income assistance under the Act or income support under the Ontario Disability Support Program Act, 1997 was continuously paid for at least three months to the applicant or to another person on behalf of the applicant,

ii. that assistance or income support was cancelled,

iii. the effective date of the cancellation was less than six months before the date of the application, and

iv. on the effective date of the cancellation, the applicant’s income included income from employment or amounts paid under a training program.

13. Revoked: O. Reg. 221/13, s. 9 (6).

O. Reg. 134/98, s. 49 (1); O. Reg. 227/98, s. 24; O. Reg. 272/98, s. 7; O. Reg. 546/98, s. 5 (1, 2); O. Reg. 32/00, s. 13; O. Reg. 46/00, s. 1 (1); O. Reg. 294/05, s. 14; O. Reg. 360/05, s. 1 (1-3); O. Reg. 49/09, s. 2; O. Reg. 118/09, s. 4; O. Reg. 208/10, s. 3; O. Reg. 379/10, s. 7; O. Reg. 221/13, s. 9 (1-6); O. Reg. 249/13, s. 1.

(2)  For the purposes of this section, earnings does not include benefits or payments under any income replacement scheme or program. O. Reg. 221/13, s. 9 (7).

(3)  Examples of benefits or payments that are not included in earnings for the purposes of this section include employment insurance benefits and benefits or payments under the Canada Pension Plan and the Workplace Safety and Insurance Act, 1997. O. Reg. 221/13, s. 9 (7).

Boarder and Rental Income

50.  (1)  Subject to subsection (2), the following rules apply with respect to the treatment of boarder and rental income:

1. If a member of the benefit unit rents self-contained quarters, land or a garage to another person, 60 per cent of the gross income, as determined by the administrator, received from the rental shall be included as income.

2. If a member of the benefit unit is providing lodging and meals to one or more persons, the amount of income shall be increased by an amount for each person equal to the greater of,

i. 40 per cent of the amount received from that person, and

ii. $100.

3. If a member of the benefit unit is providing lodging without meals to one or more persons, the amount of income shall be increased by an amount for each person that is equal to the greater of,

i. 60 per cent of the amount received from that person, and

ii. $100. O. Reg. 134/98, s. 50 (1).

(2)  Boarder or rental income from a person is not included as income if the applicant or recipient or the spouse included in the benefit unit is a parent or grandparent of the person and,

(a) the person is a recipient of basic financial assistance in his or her own right; or

(b) the person is a recipient of income support under the Ontario Disability Support Program Act, 1997 in his or her own right. O. Reg. 134/98, s. 50 (2); O. Reg. 227/98, s. 25; O. Reg. 546/98, s. 6; O. Reg. 32/00, s. 14; O. Reg. 294/05, s. 15.

Sponsored Immigrants

51.  The following rules apply with respect to undertakings given under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada):

1. If a member of the benefit unit is a person with respect to whom an undertaking has been given under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) and he or she resides in the dwelling place of the person giving the undertaking or in accommodation owned or controlled in whole or in part by that person, income shall include an amount equal to the greater of,

i. the amount of all payments available to the member of the benefit unit as determined by the administrator under the undertaking given with respect to him or her, and

ii. the amount of the budgetary requirements calculated in accordance with section 41 less the applicable amount determined in accordance with the following:

TABLE

Number of Dependants other than a Spouse

Dependants 18 Years or Older

Dependants 0-17 Years

Recipient
Amount in dollars

Recipient and Spouse
Amount in dollars

0

0

0

280

463

1

0

1

339

463

1

1

0

582

609

2

0

2

339

463

2

1

1

582

609

2

2

0

728

771

For each additional dependant, add $163 if the dependant is 18 years of age or older or $0 if the dependant is 0 to 17 years of age. The amount attributable to a dependent child shall be reduced by 50 per cent where budgetary requirements for the child were reduced under section 44.2.

2. Revoked: O. Reg. 395/04, s. 10 (3).

3. The amount calculated under paragraph 1 shall be deemed to be zero if,

i. the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is himself or herself in receipt of or eligible for social assistance,

ii. the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is himself or herself in receipt of a payment under Part II of the Old Age Security Act (Canada) or a payment under the Ontario Guaranteed Annual Income Act,

iii. the member of the benefit unit establishes to the satisfaction of the administrator that there has been a breakdown in the undertaking by reason of domestic violence,

iv. the member of the benefit unit establishes to the satisfaction of the administrator that he or she has a legal obligation to contribute to one or more of the elements of shelter cost set out in paragraphs 1 to 10 of subsection 42 (1) for the dwelling place where the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) and the member of the benefit unit reside or for the accommodation owned or controlled in whole or in part by the person giving the undertaking where the member of the benefit unit resides, or

v. the member of the benefit unit establishes to the satisfaction of the administrator that he or she is required by the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) to pay for shelter in order to continue to reside in the dwelling place of that person or in accommodation owned or controlled in whole or in part by that person. O. Reg. 134/98, s. 51; O. Reg. 227/98, s. 26; O. Reg. 32/00, s. 15; O. Reg. 395/04, s. 10; O. Reg. 417/04, s. 8; O. Reg. 294/05, s. 16; O. Reg. 464/06, s. 8; O. Reg. 266/07, s. 7; O. Reg. 119/08, s. 4; O. Reg. 226/08, s. 6; O. Reg. 361/08, s. 7; O. Reg. 179/09, s. 3; O. Reg. 380/09, s. 7; O. Reg. 379/10, s. 8; O. Reg. 301/11, s. 7; O. Reg. 205/12, s. 7; O. Reg. 200/13, s. 3; O. Reg. 221/13, s. 10; O. Reg. 48/14, s. 3; O. Reg. 164/14, s. 7.

Exemptions — Payments by Ontario

52.  (1)  The following payments by Ontario shall not be included in income:

1. Assistance under the Act.

2. A payment made under section 49 of the Ontario Disability Support Program Act, 1997 to provide financial assistance for children with severe disabilities.

3. A payment made by a children’s aid society on behalf of a child in care under the Child and Family Services Act.

3.1 A payment made by a children’s aid society on behalf of a child receiving services under the Child and Family Services Act, if the society has determined that under clause 4 (1) (b) of Ontario Regulation 206/00 (Procedures, Practices and Standards of Service for Child Protection Cases), made under the Child and Family Services Act, that there are reasonable and probable grounds to believe that the child is in need of protection and the child has not been placed in the society’s care,

i. by an agreement entered into under subsection 29 (1) of the Child and Family Services Act, or

ii. by an order made under clause 51 (2) (d), paragraph 2, 3 or 4 of subsection 57 (1), subsection 65 (1) or clause 65.2 (1) (c) of the Child and Family Services Act.

3.2 A payment made by a children’s aid society on behalf of a child in the custody of a person pursuant to an order made under clause 65.2 (1) (b) of the Child and Family Services Act.

4. A payment received under clause 175 (f) of the Child and Family Services Act.

5. Revoked: O. Reg. 522/10, s. 1 (1).

6. A payment received under the Ministry of Community and Social Services Act.

7. A payment or refund under section 8 of the Income Tax Act.

8. A payment under subsection 147 (14) of the Workers’ Compensation Act, as it read on December 31, 1997.

8.1 Subject to subsection 54 (2), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act.

9. A payment received under section 8.5 of the Income Tax Act.

10. An Ontario child benefit payment received under section 8.6.2 of the Income Tax Act.

11. A payment received under section 104.1 of the Taxation Act, 2007 for a senior homeowners’ property tax grant.

12. A payment or refund received under any of,

i. section 99 of the Taxation Act, 2007,

ii. section 100 of the Taxation Act, 2007,

iii. section 101.1 of the Taxation Act, 2007,

iv. section 101.2 of the Taxation Act, 2007, and

v. section 104.11 of the Taxation Act, 2007.

13. An Ontario sales tax transition benefit received under section 104.12 of the Taxation Act, 2007.

14. A payment made in accordance with the Ontario Child Benefit Equivalent Act, 2009.

15. Subject to subsection (2), a payment made by a service manager designated under the Housing Services Act, 2011 to be used as a rent supplement or a housing allowance, where approved by the Director.

15.1 A payment made under the Ministry of Municipal Affairs and Housing’s Ontario Renovates program.

16. A payment received under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, if the payment is used or will be used within a reasonable time period to purchase the services and supports for which the payment was intended.

17. A payment or refund received under section 103.1 of the Taxation Act, 2007 for the children’s activity tax credit.

18. An Ontario Trillium Benefit payment received under section 103.3 of the Taxation Act, 2007. O. Reg. 134/98, s. 52; O. Reg. 227/98, s. 27; O. Reg. 165/99, s. 10; O. Reg. 395/04, s. 11; O. Reg. 166/07, s. 3 (1); O. Reg. 271/07, s. 1; O. Reg. 118/09, s. 5 (1); O. Reg. 208/10, s. 4; O. Reg. 287/10, s. 2; O. Reg. 379/10, s. 9 (1); O. Reg. 522/10, s. 1; O. Reg. 347/11, s. 4; O. Reg. 189/12, s. 3; O. Reg. 407/12, s. 4.

(2)  The maximum amount of the payment permitted for the purposes of paragraph 15 of subsection (1) is the amount by which the actual cost of shelter, determined in accordance with subsection 42 (1), exceeds the amount payable for shelter under subsection 42 (2). O. Reg. 379/10, s. 9 (2).

Exemptions — Payments by Canada

53.  The following payments by Canada shall not be included in income:

1. A payment received as a tax credit under section 122.5 of the Income Tax Act (Canada).

2. A payment received under section 122.61 of the Income Tax Act (Canada) in or before June 2004, as reduced by that portion of the payment with respect to dependent children that represents item “C” in the formula set out in subsection (1) of that section.

3. A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2004 but before July 2005, as reduced by that portion of the payment with respect to dependent children that represents item “C” in the formula set out in subsection (1) of that section, and as increased by the sum of the following amounts:

i. $4.00 for the first dependent child.

ii. $3.41 for the second dependent child.

iii. $3.25 for each additional dependent child.

3.1 A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2005 but before July 2006, as reduced by that portion of the payment with respect to dependent children that represents item “C” in the formula set out in subsection (1) of that section, and as increased by the sum of the following amounts:

i. $21.58 for the first dependent child.

ii. $20.66 for the second dependent child.

iii. $20.33 for each additional dependent child.

3.2 A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2006 but before July 2007, as reduced by that portion of the payment with respect to dependent children that represents item “C” in the formula set out in subsection (1) of that section, and as increased by the sum of the following amounts:

i. $40.17 for the first dependent child.

ii. $38.82 for the second dependent child.

iii. $38.41 for each additional dependent child.

3.3 A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2007 but before July 2008, as reduced by that portion of the payment with respect to dependent children that represents item “C” in the formula set out in subsection (1) of that section, and as increased by the sum of the following amounts:

i. $43.75 for the first dependent child.

ii. $41.99 for the second dependent child.

iii. $41.41 for each additional dependent child.

3.4 A payment received under section 122.61 of the Income Tax Act (Canada) in or after July 2008.

3.5 A payment received as a tax credit under section 122.7 or 122.71 of the Income Tax Act (Canada).

4. A death benefit payment under the Canada Pension Plan.

5. A payment received from the Department of Indian Affairs and Northern Development (Canada) or from a band for board and lodging of a student attending a secondary school not on the reserve.

6. A payment received pursuant to the Indian Act (Canada) under a treaty between Her Majesty and a band, other than funds for post-secondary education.

7. A payment made by a band as an incentive bonus for school attendance to any dependant who is attending school.

8. A payment received under Order in Council P.C. 1977-2496 made under section 40 of the Indian Act (Canada).

9. A payment received under the Extraordinary Assistance Plan (Canada).

10. A grant received under the Employment Insurance Act (Canada) and used for the purpose of purchasing a training course approved by the administrator.

11. A Canada Education Savings Grant.

12. A payment received from Employment and Social Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities that have been approved by the administrator.

13. A loan, including a forgiven loan, or contribution received from the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada).

14. A benefit paid under section 4 of the Universal Child Care Benefit Act (Canada).

15. A payment received under the Pre-1986/Post-1990 Hepatitis C Settlement Agreement made as of December 14, 2006 among the Attorney General of Canada and Class Action Representative Plaintiffs, other than a payment for loss of income under section 2.05 of the Agreement, a payment for loss of services under section 2.06 of the Agreement and compensation to dependants under section 4.04 of the Agreement.

16. A payment from a municipality or a Tribal Council, on behalf of the Department of Indian Affairs and Northern Development (Canada), received between October 2005 and September 2006 by an evacuee from that part of the Fort Albany No. 67 Reserve on which members of the Kashechewan First Nation reside.

17. A payment under the Canada Disability Savings Act that is paid into a registered disability savings plan. O. Reg. 134/98, s. 53; O. Reg. 227/98, s. 28; O. Reg. 272/98, ss. 8, 12; O. Reg. 165/99, s. 11; O. Reg. 170/99, s. 5; O. Reg. 326/00, s. 3; O. Reg. 171/04, s. 6; O. Reg. 395/04, s. 12; O. Reg. 381/05, s. 1; O. Reg. 259/06, s. 1; O. Reg. 409/06, s. 1; O. Reg. 166/07, s. 4; O. Reg. 191/07, s. 1; O. Reg. 479/07, s. 7; O. Reg. 424/08, s. 2; O. Reg. 118/09, s. 6; O. Reg. 12/14, s. 4.

Other Exemptions

54.  (1)  The following shall not be included in income:

1. That portion of a loan, approved by the administrator, that is,

i. applied or will be applied to the operation of a business,

ii. applied on an exceptional basis for medically necessary health related reasons if no other government program is available for the purpose,

iii. guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or made under the Canada Student Financial Assistance Act and, in either case, received by or on behalf of a student and relating to tuition, other compulsory fees, books, instructional supplies or transportation for the purpose of the definition of “education costs” in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990 (Ontario Student Loans made before August 1, 2001) made under the Ministry of Training, Colleges and Universities Act or for the purpose of section 11 of Ontario Regulation 268/01 (Ontario Student Loans made after July 31, 2001) made under that Act,

iv. guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or made under the Canada Student Financial Assistance Act, if, in either case, the proceeds are received by or on behalf of a student who is,

A. a part time student,

B. a dependent adult who is not a spouse included in the benefit unit or a sole support student as defined in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990, or

C. a child on whose behalf temporary care assistance is being paid and who is not a sole support student as defined in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990 made under the Ministry of Training, Colleges and Universities Act,

v. applied or will be applied to the purchase of a motor vehicle required for employment assistance activities or to maintain employment,

vi. applied or will be applied to the payment of first and last month’s rent necessary to secure accommodation for the benefit unit, or

vii. applied to the purchase of household items necessary for the well-being of one or more members of the benefit unit and approved by the administrator.

2. An award or grant made by the Ministry of Training, Colleges and Universities to a student enrolled in a post-secondary institution.

2.1 The portion of a grant or award, other than an award or grant under paragraph 2, or loan, other than a loan under subparagraphs 1 iii and iv, that is approved by the administrator for training or post-secondary education and that is or will be applied within a reasonable period to the cost of tuition, other compulsory fees, books, instructional supplies and equipment and transportation, if the person for whose benefit the grant, award or loan is provided is attending or will be attending the training or program of study for which it is intended.

3. A bursary received by a full-time student enrolled in a secondary school under paragraph 18 of subsection 8 (1) of the Education Act.

4. Subject to subsections (2) and (4), an amount received as damages or compensation for,

i. pain and suffering as a result of injury to or the death of a member of the benefit unit, or

ii. expenses actually and reasonably incurred or to be incurred as a result of injury to or the death of a member of the benefit unit.

4.1 Subject to subsection (2), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.

5. A payment received under any of the following agreements to which the province of Ontario is a party:

i. The Helpline Reconciliation Model Agreement.

ii. The Multi-Provincial/Territorial Assistance Program Agreement.

iii. The Grandview Agreement.

6. That portion of a payment received from the sale or other disposition of an asset that is applied, or if the administrator approves, will be applied towards,

i. the purchase by a member of the benefit unit of a principal residence used by the benefit unit,

ii. the purchase of any other asset that, in the opinion of the administrator, is necessary for the health or welfare of a member of the benefit unit,

iii. the purchase of or conversion to an asset that is not included as an asset under section 39, or

iv. the purchase of or conversion to an asset that does not result in the recipient exceeding the prescribed limit for assets under section 38.

7. A donation received from a religious, charitable or benevolent organization.

8. Gifts or other voluntary payments up to a maximum of $6,000 for any 12-month period.

9. If a member of a benefit unit is residing in a long-term care home, a payment by a relative or friend of the member with respect to special services provided by the operator of the long-term care home.

10. A payment received under the Ontario Hepatitis C Assistance Plan.

11. The interest earned from and reinvested into the Registered Education Savings Plan referred to in paragraph 21 of subsection 39 (1).

11.1 A gift or voluntary payment received for the purpose of making a contribution to a Registered Education Savings Plan, if the gift or payment is contributed as soon as practicable to a Registered Education Savings Plan that is exempt under paragraph 21 of subsection 39 (1).

11.2 An Educational Assistance Payment received from a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada) that is or will be applied, within a reasonable period, to the cost of tuition, other compulsory fees, books, instructional supplies and equipment, transportation and post-secondary education expenses related to the person’s disability, approved by the administrator.

11.3 A payment of contributions from a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada) to the subscriber or to the beneficiary if the payment is or will be applied by the beneficiary, within a reasonable period, to the cost of tuition, other compulsory fees, books, instructional supplies and equipment, transportation and post-secondary education expenses related to the person’s disability, approved by the administrator.

11.4 A gift or voluntary payment received for the purpose of making a contribution to a registered disability savings plan, if the gift or payment is contributed as soon as practicable into a registered disability savings plan exempt under paragraph 21.1 of subsection 39 (1).

11.5 The interest earned from and reinvested into a registered disability savings plan that is exempt under paragraph 21.1 of subsection 39 (1).

11.6 Payments from a registered disability savings plan that is exempt under paragraph 21.1 of subsection 39 (1).

12. A lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others, other than a loss of income payment or a loss of support payment.

13. A payment received under the Walkerton Compensation Plan, other than a payment for future lost income.

13.1 A payment received by a class member from the Settlement Fund in the Huronia Regional Centre class action.

13.2 A payment received by a class member from the Settlement Fund in the Rideau Regional Centre class action.

13.3 A payment received by a class member from the Settlement Fund in the Southwestern Regional Centre class action.

14. Grants received from the Home and Vehicle Modification Program funded under the Ministry of Community and Social Services Act.

15. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money is applied to or, if the administrator approves, will be applied to,

i. the purchase or repair of an asset that, under section 39, is not included as an asset,

ii. the purchase or repair of any other asset that, in the opinion of the administrator, is necessary for the health or welfare of a member of the benefit unit,

iii. the purchase or repair of an asset that does not result in the recipient exceeding the prescribed limit for assets under section 38,

iv. additional living expenses, including temporary shelter costs, if a peril covered by the contract of insurance makes the recipient’s dwelling place used as principal residence unfit for occupancy, or

v. debt obligations of a member of the benefit unit.

16. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income.

17. An amount received as compensation, other than compensation for loss of income, related to a claim of abuse sustained at an Indian residential school, including compensation received under the Indian Residential Schools Settlement Agreement.

18. A personal credit within the meaning of section 5.07 of the Indian Residential Schools Settlement Agreement.

19. A death benefit payment under An Act Respecting the Quebec Pension Plan.

20. Payments that are made pursuant to a court order that are made for and applied to,

i. expenses for disability related items or services for a member of the benefit unit that are approved by the administrator and that are not and will not be otherwise reimbursed, or

ii. education or training expenses that are approved by the administrator and that,

A. are incurred with respect to a member of the benefit unit because of that person’s disability, and

B. are not and will not be otherwise reimbursed.

21. The value of grants, payments, credits, services or items provided by or in accordance with a program funded by gas distribution utilities, local distribution companies, a municipality, the Ontario Power Authority, the Ontario Energy Board, the Government of Ontario or the Government of Canada, for the purposes of energy efficiency, conservation or affordability.

22. Payments made under the Quest for Gold – Ontario Athlete Assistance Program, administered by the Ministry of Tourism, Culture and Sport.

23. Payments made under the Transplant Patient Expense Reimbursement Program funded by the Ministry of Health and Long-Term Care, if the payments are or will be used, within a reasonable period as determined by the administrator, for the purpose for which they were intended.

24. Payments made by Ontario or Canada pursuant to an aboriginal land claim settlement agreement.

25. A payment made under the Community Homelessness Prevention Initiative administered by the Ministry of Municipal Affairs and Housing, up to an amount that is equivalent to the amount specified in subsection 43 (1), if the following criteria are satisfied:

i. The payment is made by a service manager designated under the Housing Services Act, 2011.

ii. The payment is made to residents of a place that provides permanent housing with limited supports to vulnerable adults who require some supervision and support with the activities of daily living.

iii. The payment is made for the personal needs of those residents.

26. A payment made under the Community Homelessness Prevention Initiative administered by the Ministry of Municipal Affairs and Housing by a service manager designated under the Housing Services Act, 2011 and applied to,

i. rent deposits, including first and last month’s rent,

ii. establishing a new principal residence,

iii. maintaining the health or welfare of a member of a benefit unit in his or her current residence,

iv. arrears on any of the costs of shelter listed in subsection 42 (1), or

v. other services, items, payments or costs related to housing and homelessness, as approved by the Director.

27. Payments made by either or both of the Ministry of Economic Development, Trade and Employment and the Ministry of Training, Colleges and Universities under the Youth Jobs Strategy, if, in the opinion of the administrator, the payment will be used within a reasonable period and for the purpose for which it was paid.

28. That portion of a grant received under the Northern Health Travel Grant Program, administered by the Ministry of Health and Long-Term Care, that exceeds the amount paid under subparagraph 1 iii.1 of subsection 55 (1) for the same trip. O. Reg. 134/98, s. 54 (1); O. Reg. 227/98, s. 29; O. Reg. 165/99, s. 12 (1, 2); O. Reg. 170/99, s. 6; O. Reg. 32/00, s. 16; O. Reg. 326/00, s. 4; O. Reg. 236/01, s. 2; O. Reg. 171/04, s. 7; O. Reg. 395/04, s. 13 (1-5); O. Reg. 294/05, s. 17; O. Reg. 261/06, s. 8; O. Reg. 166/07, s. 5; O. Reg. 424/08, s. 3 (1); O. Reg. 118/09, s. 7; O. Reg. 208/10, s. 5 (1, 2); O. Reg. 110/10, s. 4; O. Reg. 522/10, s. 2; O. Reg. 347/11, s. 5; O. Reg. 189/12, s. 4; O. Reg. 407/12, s. 5; O. Reg. 221/13, s. 11; O. Reg. 11/14, s. 2; O. Reg. 12/14, s. 5; O. Reg. 115/14, s. 2.

(2)  The total amount allowed under paragraph 8.1 of section 52 and paragraphs 4 and 4.1 of subsection (1) shall not exceed $25,000. O. Reg. 395/04, s. 13 (6).

(3)  The exemption from income under paragraph 11.4 of subsection (1) does not include gifts or payments contributed to a registered disability savings plan if the contributions fail to comply with the condition required under subparagraph 146.4 (4) (g) (iii) of the Income Tax Act (Canada). O. Reg. 424/08, s. 3 (2).

(4)  The exemption under paragraph 4 of subsection (1) does not apply to amounts paid under the following provisions:

1. Subsections 13 (1), (2), (3), (7) and (8) of Regulation 672 of the Revised Regulations of Ontario 1990 (Statutory Accident Benefits Schedule — Accidents before January 1, 1994) made under the Insurance Act.

2. Section 19 of Ontario Regulation 776/93 (Statutory Accident Benefits Schedule — Accidents after December 31, 1993 and before November 1, 1996) made under the Insurance Act.

3. Section 12 of Ontario Regulation 403/96 (Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996) made under the Insurance Act.

4. Section 12 of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010), made under the Insurance Act. O. Reg. 208/10, s. 5 (3, 4).

Treatment of Canada Child Tax Benefit

54.1  (1)  The administrator may pay to Canada on behalf of a person who received income assistance part or all of an amount that Canada paid to the person and that was not excluded from the person’s income under paragraph 2 of section 53 if Canada subsequently determines that the person was not eligible for the payment from Canada and notified the Director of that fact. O. Reg. 272/98, s. 9.

(2)  An amount paid to Canada under subsection (1) shall be deemed to be income assistance. O. Reg. 272/98, s. 9.

PART VII
OTHER BASIC FINANCIAL ASSISTANCE

Benefits

55.  (1)  The following benefits shall be paid with respect to each of the members of a recipient’s benefit unit if the administrator is satisfied that he or she meets the criteria for them and income assistance is being paid on his or her behalf:

health benefits

1. An amount for health benefits equal to the sum of,

i. the cost for drugs prescribed for members of the benefit unit by an approved health professional, not including the co-payment that a member of the benefit unit is charged under the Ontario Drug Benefit Act, if those drugs have been approved by the Minister of Health and Long-Term Care and purchased from a dispensary during any month in which the person requiring the drugs is a member of the benefit unit,

ii. the cost for dental services and vision items and services, other than a periodic oculo-visual assessment as referred to in paragraph 1.1, for dependent children and children on whose behalf temporary care assistance is provided pursuant to section 57, if those services and items and that cost have been approved by the Minister,

iii. the cost of diabetic supplies and surgical supplies and dressings for members of the benefit unit, if the cost of the item is not otherwise reimbursed or subject to reimbursement,

iii.1 the cost of transportation that is reasonably required in any month for medical treatment for members of the benefit unit and that is not otherwise reimbursed or subject to reimbursement, if the cost of that transportation in the month is $15 or more,

iv. the amount a member of the benefit unit is required to pay for the consumer contribution for an assistive device under the Assistive Devices Program administered by the Ministry of Health and Long-Term Care, up to the amount approved under that program,

v. if an assessment is required to determine eligibility for an assistive device under that program and there is no other source of funding for the assessment, the amount determined by the administrator, and

vi. the cost of batteries and necessary repairs for mobility devices used by a member of the benefit unit if the cost of batteries and repairs is not otherwise reimbursed or subject to reimbursement.

1.1 Subject to subsection (1.0.0.1), an amount equal to $39.15 for a periodic oculo-visual assessment for every member of the benefit unit once every 24 months.

2., 3. Revoked: O. Reg. 479/07, s. 8 (1).

4. Revoked: O. Reg. 189/12, s. 5 (1).

guide dog

5. If a member of the benefit unit has a guide dog, an amount not exceeding $77 for the care of the guide dog.

full-time employment benefit

5.1 Subject to subsection (1.0.3), if a recipient, a spouse included in the benefit unit or a dependent adult begins full-time employment, an amount determined by the administrator for expenses approved by the administrator and reasonably necessary for the person to begin the full-time employment, up to a maximum in any 12-month period with respect to any one person of $500.

other employment and employment assistance activities benefit

6. Subject to subsection (1.0.4), if a recipient, a spouse included in the benefit unit, a dependent adult who is not attending secondary school full time or a dependent child who has received an Ontario Secondary School Diploma or its equivalent begins or changes employment or begins an employment assistance activity, an amount determined by the administrator for expenses approved by the administrator and reasonably necessary for the person to begin the new employment or activity, up to a maximum in any 12-month period with respect to any one person of $253.

up front child care

7. An amount determined by the administrator, up to a maximum in any 12-month period of the amount that the person would be entitled to as a deduction for child care under section 49 if,

i. a recipient, a spouse included in the benefit unit, a dependent adult or a dependent child,

A. begins, changes or maintains employment, or

B. begins, changes or maintains an employment assistance activity under the Act, and

ii. in the opinion of the administrator, the person is required to pay in advance for child care that is reasonably necessary to permit the person to begin, change or maintain his or her employment or activity. O. Reg. 134/98, s. 55 (1); O. Reg. 227/98, s. 30 (1-4); O. Reg. 165/99, s. 13; O. Reg. 238/99, s. 1 (1); O. Reg. 32/00, s. 17; O. Reg. 491/01, s. 1; O. Reg. 395/04, s. 14 (1-3); O. Reg. 137/05, s. 1 (1, 2); O. Reg. 294/05, s. 18; O. Reg. 360/05, s. 2 (1-3); O. Reg. 261/06, s. 9; O. Reg. 329/06, s. 1 (1); O. Reg. 464/06, s. 9; O. Reg. 266/07, s. 8 (1, 2); O. Reg. 479/07, s. 8 (1); O. Reg. 361/08, s. 8; O. Reg. 49/09, s. 3; O. Reg. 118/09, s. 8; O. Reg. 380/09, s. 8; O. Reg. 379/10, s. 10; O. Reg. 301/11, s. 8; O. Reg. 347/11, s. 6; O. Reg . 189/12, s. 5 (1); O. Reg. 205/12, s. 8; O. Reg. 221/13, s. 12; O. Reg. 164/14, s. 8.

(1.0.0.1)  An amount under paragraph 1.1 of subsection (1) is only payable if,

(a) the member of the benefit unit has not had a periodic oculo-visual assessment or a major eye examination within the preceding 24 months; and

(b) the member of the benefit unit is not entitled to payment on his or her behalf for the periodic oculo-visual assessment or the major eye examination under the Ontario Health Insurance Plan established under the Health Insurance Act. O. Reg. 137/05, s. 1 (3).

(1.0.1)  An application for the benefit described in paragraph 4 of subsection (1), as that paragraph read on December 31, 2012, shall not be accepted after December 31, 2012. O. Reg. 189/12, s. 5 (2).

(1.0.2)  In paragraph 5.1 of subsection (1),

“full-time employment” means 30 hours or more of paid employment per week. O. Reg. 360/05, s. 2 (4).

(1.0.3)  A recipient is not eligible for a benefit under paragraph 5.1 unless the recipient has received income assistance for a period of at least three months. O. Reg. 360/05, s. 2 (4).

(1.0.4)  A benefit shall not be paid under paragraph 6 of subsection (1) in the case of a recipient, spouse or dependent adult who begins full-time employment if an amount is payable under paragraph 5.1 of subsection (1) in respect of that same event. O. Reg. 360/05, s. 2 (4).

(1.1)  Despite paragraph 6 of subsection (1), the maximum amount payable under that paragraph shall be reduced by any amount paid under paragraph 6 of subsection 44 (1) of Ontario Regulation 222/98 (General) within the applicable 12-month period. O. Reg. 227/98, s. 30 (5).

(1.2)  Despite paragraph 7 of subsection (1), the maximum amount payable under that paragraph shall be reduced by any amount paid under paragraph 7 of subsection 44 (1) of Ontario Regulation 222/98 (General) within the applicable 12-month period. O. Reg. 227/98, s. 30 (5).

(2)  The amount paid under paragraph 7 of subsection (1) shall not constitute reimbursement for child care expenses for the purpose of determining deductions from income under section 49. O. Reg. 134/98, s. 55 (2).

(3)  Revoked: O. Reg. 189/12, s. 5 (3).

(4)  If, as a result of section 33, income assistance is not being paid on behalf of a member of a benefit unit for a period determined under subsection 33 (2), (3) or (4.1), the benefit set out in subparagraph 1 i of subsection (1) shall be paid with respect to the member during that period, if the administrator is satisfied that the member meets the criteria set out in that subparagraph and requires the drugs referred to in that subparagraph for a serious illness or serious health condition. O. Reg. 395/04, s. 14 (6).

(5)  In this section,

“major eye examination”,

(a) has the same meaning as a major eye examination as described in the document entitled “Schedule of Benefits for Optometry Services (November 1, 2004)”, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the examination is performed by an optometrist, or

(b) has the same meaning as a major eye examination as described in the document entitled “Schedule of Benefits — Physician Services under the Health Insurance Act (July 1, 2003)”, including amendments made on and before December 1, 2004, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the examination is performed by a physician; (“examen de la vue majeur”)

“periodic oculo-visual assessment”,

(a) has the same meaning as a periodic oculo-visual assessment as described in the document entitled “Schedule of Benefits for Optometry Services (November 1, 2004)”, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the assessment is performed by an optometrist, or

(b) has the same meaning as a periodic oculo-visual assessment as described in the document entitled “Schedule of Benefits — Physician Services under the Health Insurance Act (July 1, 2003)”, including amendments made on and before December 1, 2004, published by the Ministry of Health and Long-Term Care and available from that Ministry, when the assessment is performed by a physician. (“bilan oculo-visuel périodique”) O. Reg. 137/05, s. 1 (4).

Emergency Assistance

56.  (1)  If an applicant requires assistance because of an emergency, emergency assistance may be paid for a period of not more than one-half of a month and thereafter assistance shall only be paid after an application for income assistance has been made under Part II. O. Reg. 134/98, s. 56 (1).

(2)  The administrator may provide emergency assistance under this section if the administrator is satisfied that,

(a) the applicant does not have enough money or assets and is unable to obtain credit necessary to provide for the basic needs and shelter needs for his or her benefit unit; and

(b) a failure to provide the emergency assistance will result in danger to the physical health of a member of the benefit unit or in one or more dependent children being unable to continue to reside with his or her parent who has requested the emergency assistance. O. Reg. 134/98, s. 56 (2).

(3)  The administrator shall determine the amount of emergency assistance payable. O. Reg. 134/98, s. 56 (3).

(4)  Emergency assistance shall not be provided to or on behalf of a person subject to a period of ineligibility for income assistance under section 32, 33, 34 or 35 or for income support under section 23 or 24 of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997. O. Reg. 456/03, s. 3.

Temporary Care Assistance

57.  (1)  This section applies with respect to the provision of income assistance and benefits on behalf of a child under section 10 of the Act. O. Reg. 134/98, s. 57 (1).

(2)  A child is in the temporary care of an adult when,

(a) the child is to reside for a short term with the adult;

(b) the child is expected to return to reside with his or her parent at the earliest opportunity; and

(c) no parent or other person with a legal obligation to support the child is able to care for the child. O. Reg. 134/98, s. 57 (2).

(3)  An adult has a legal obligation to support a child if the adult has an obligation to support the child under the Family Law Act or under the Divorce Act (Canada) or under similar legislation in another jurisdiction. O. Reg. 134/98, s. 57 (3).

(4)  A child is in financial need for the purposes of this section if the budgetary requirements of the child exceed the child’s income and the child’s assets do not exceed $500. O. Reg. 134/98, s. 57 (4).

(4.1)  For the purposes of determining a child’s income, a payment made by a children’s aid society on behalf of a child receiving services under the Child and Family Services Act is exempt, if the society has determined that under clause 4 (1) (b) of Ontario Regulation 206/00 (Procedures, Practices and Standards of Service for Child Protection Cases), made under the Child and Family Services Act, that there are reasonable and probable grounds to believe that the child is in need of protection and the child has not been placed in the society’s care,

(a) by an agreement entered into under subsection 29 (1) of the Child and Family Services Act; or

(b) by an order made under clause 51 (2) (d), paragraph 2, 3 or 4 of subsection 57 (1), subsection 65 (1) or clause 65.2 (1) (c) of the Child and Family Services Act. O. Reg. 166/07, s. 6.

(5)  For the purpose of subsection (4), the child’s budgetary requirements are,

(a) $373 for the first child and $288 for each additional child if the adult applicant or recipient resides north of the 50th parallel and is without year round road access;

(b) $256 for the first child and $208 for each additional child if clause (a) does not apply;

(c) subject to subsection (9), for the month in which the administrator receives an application for a special diet allowance and is satisfied that a child requires a special diet allowance because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the administrator requests a new application and a reassessment of the requirement for a special diet allowance, an amount that is the lesser of, for each child,

(i) the sum of the amounts determined by the administrator in accordance with Schedule 1 to Ontario Regulation 564/05, and

(ii) $250;

(d) any additional amounts for which the child on whose behalf temporary care assistance is provided qualifies under paragraphs 1, 1.1 and 5 of subsection 55 (1);

(e) for the month in which an approved health professional confirms that the child is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, and subsequently, if the child is breast-feeding, for each succeeding month up to and including the month in which the infant is 12 months of age, a nutritional allowance equal to,

(i) $50, if an approved health professional confirms that the child requires a non-dairy diet, or

(ii) $40, otherwise. O. Reg. 134/98, s. 57 (5); O. Reg. 171/04, s. 8; O. Reg. 417/04, s. 9; O. Reg. 565/05, s. 4 (1); O. Reg. 19/06, s. 3; O. Reg. 464/06, s. 10; O. Reg. 266/07, s. 9; O. Reg. 361/08, s. 9; O. Reg. 118/09, s. 9; O. Reg. 380/09, s. 9; O. Reg. 379/10, s. 11; O. Reg. 16/11, s. 4 (1); O. Reg. 301/11, s. 9; O. Reg. 347/11, s. 7; O. Reg. 205/12, s. 9; O. Reg. 221/13, s. 13; O. Reg. 164/14, s. 9.

(6)  An application for income assistance and benefits shall be in the form and manner approved by the Director and shall be made to the administrator for the geographic area where the adult resides and the application and all supporting documentation shall be signed by the adult and, if the child is 16 years of age or older, the child. O. Reg. 134/98, s. 57 (6).

(7)  The administrator may require as a condition of eligibility that the adult make reasonable efforts to pursue support from any person with a legal obligation to support the child. O. Reg. 134/98, s. 57 (7).

(8)  The administrator may require the adult to enter into an agreement in accordance with section 15 with respect to the assistance provided on behalf of the child if he or she receives or may receive support for the child. O. Reg. 134/98, s. 57 (8).

(9)  For the purposes of clause (5) (c), in order to establish for the administrator that a child requires, or in the case of a reassessment continues to require, a special diet allowance, the child or the adult who is receiving temporary care assistance on behalf of the child shall submit to the administrator the following:

1. A special diet allowance application form approved by the Director, specifying the medical condition for which the special diet allowance is being requested, and completed by an approved health professional and by the child or the adult who is receiving temporary care assistance on behalf of the child.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the administrator under subsection 36 (2).

3. An additional application form approved by the Director and completed by an approved health professional, other than the health professional who completed the application form under paragraph 1 or any earlier forms, as requested by the administrator. O. Reg. 16/11, s. 4 (2); O. Reg. 347/11, s. 7.

(10)  Revoked: O. Reg. 12/14, s. 6.

Extended Health Benefits for Recipients who Cease to be Eligible for Income Assistance

57.1  If a person is not eligible for income assistance for a month because the income of the person’s benefit unit, as determined under this Regulation, exceeds or is equal to the benefit unit’s budgetary requirements, as determined under this Regulation, the benefit set out in each subparagraph of paragraph 1 and in paragraph 1.1 of subsection 55 (1) shall be paid with respect to each member of the person’s benefit unit if,

(a) the person is a recipient in the month immediately before becoming eligible for this benefit;

(b) the person is otherwise eligible for income assistance;

(c) the administrator is satisfied that the member of the benefit unit meets the criteria for the benefit, as set out in the subparagraph or paragraph, as the case may be; and

(d) the benefit unit’s income, as determined under this Regulation, is less than the sum of its budgetary requirements, as determined under this Regulation, and the value of its benefits under paragraphs 1 and 1.1 of subsection 55 (1). O. Reg. 137/05, s. 2.

Extended Health Benefits for Recipients who cease to be Eligible for Income Assistance due to an Increase in Employment Income

57.2  (1)  This section applies where a person in receipt of income assistance one month ceases to be eligible for income assistance the following month due to the fact that,

(a) a member of the person’s benefit unit has begun employment or there has otherwise been an increase in the income from employment of a member of the benefit unit; and

(b) as a result of the increase in income from employment, the income of the benefit unit, as determined under this Regulation, has exceeded or become equal to the benefit unit’s budgetary requirements, as determined under this Regulation. O. Reg. 360/05, s. 3.

(2)  The benefit set out in each subparagraph of paragraph 1 and in paragraph 1.1 of subsection 55 (1) shall be paid to or on behalf of a person referred to in subsection (1) with respect to each member of the person’s benefit unit for the period referred to in subsection (5) if,

(a) the person meets the conditions relating to eligibility for income assistance referred to in clauses 7 (3) (a), (c) and (d) of the Act;

(b) the person is not eligible to receive a benefit under section 57.1;

(c) the administrator is satisfied that the member of the benefit unit meets the criteria for the benefit, as set out in the subparagraph or paragraph, as the case may be; and

(d) the costs of the services, supplies, appliances, drugs, items or of other payments described in the subparagraph or paragraph, as the case may be, and incurred with respect to the member of the benefit unit in question are not recoverable, in whole or in part, under a benefit plan available from an employer of a member of the benefit unit. O. Reg. 360/05, s. 3.

(3)  A delivery agent may pay or provide one or more of the discretionary benefits described in subsection (4) to or on behalf of a person referred to in subsection (1) if,

(a) the person meets the conditions relating to eligibility for income assistance referred to in clauses 7 (3) (a), (c) and (d) of the Act; and

(b) the discretionary benefits are not recoverable, in whole or in part, under a benefit plan available from an employer of a member of the benefit unit. O. Reg. 360/05, s. 3.

(4)  The following are the discretionary benefits that may be paid or provided under subsection (3):

1. The cost of dental services provided to members of the benefit unit other than dependent children.

2. The cost of eye-glasses for members of the benefit unit other than dependent children.

3. The cost of one or more prosthetic appliances, other than eye-glasses, for members of the benefit unit.

4. Any other special service, item or payment authorized by the Director if the service or item are related to the health of a member of the benefit unit or the payment is for the benefit of the health of a member of the benefit unit. O. Reg. 360/05, s. 3.

(5)  The period during which a person is eligible to receive benefits under this section begins on the day on which the person ceases to be eligible for income assistance in accordance with subsection (1) and ends on the last day of the month that is six months after the month in which the period began. O. Reg. 360/05, s. 3.

(6)  Despite subsection (5) and subject to subsection (7), the administrator may extend the period during which a person is eligible to receive benefits under this section by an additional six months if the administrator is satisfied that not to do so may be harmful to the health of a member of the benefit unit or may jeopardize the employment of a member of the benefit unit. O. Reg. 360/05, s. 3.

(7)  During the additional six-month period of eligibility for benefits under this section, the benefits which a person is eligible to receive shall be as provided in subsections (2) and (3) subject to the following changes:

1. The cost of drugs referred to in subparagraph 1 i of subsection 55 (1) shall not be included in the benefits.

2. The person shall be entitled to any amounts spent with respect to each member of the benefit unit that constitute allowable expenses within the meaning of paragraph 2 of subsection 3 (1) of Ontario Regulation 201/96 made under the Ontario Drug Benefit Act. O. Reg. 360/05, s. 3.

(8)  A person who is entitled to receive a benefit under paragraph 2 of subsection (7) is not a person entitled to receive drug benefits under the Ontario Works Act, 1997 for the purposes of subsection 2 (2) of the Ontario Drug Benefit Act. O. Reg. 360/05, s. 3.

Extended Health Benefits for Applicants under the Ontario Disability Support Program Act, 1997

58.  If a person is not eligible for income assistance for a month because the income of the person’s benefit unit, as determined under this Regulation, exceeds or is equal to the benefit unit’s budgetary requirements, as determined under this Regulation, the benefit set out in subparagraph 1 i of subsection 55 (1) shall be paid with respect to each member of the person’s benefit unit if,

(a) the person is otherwise eligible for income assistance;

(a.1) the administrator is satisfied that the member of the benefit unit meets the criteria for the benefit, as set out in the subparagraph;

(b) the benefit unit’s income, as determined under this Regulation, is less than the sum of its budgetary requirements, as determined under this Regulation, and the value of its benefit under subparagraph 1 i of subsection 55 (1);

(c) the person or his or her spouse included in the benefit unit has applied for income support under the Ontario Disability Support Program Act, 1997 and that application has not been finally disposed of;

(d) the person or his or her spouse included in the benefit unit suffers from a condition listed in subsection 8 (2) of Regulation 552 of the Revised Regulations of Ontario, 1990 made under the Health Insurance Act; and

(e) the person or his or her spouse included in the benefit unit has not previously applied for and been refused eligibility for benefits under,

(i) the Ontario Disability Support Program Act, 1997,

(ii) clause 7 (1) (a), (b), (c) or (e) of the Family Benefits Act, or

(iii) subsection 2 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990 made under the Family Benefits Act. O. Reg. 134/98, s. 58; O. Reg. 227/98, s. 32; O. Reg. 32/00, s. 18; O. Reg. 395/04, s. 16; O. Reg. 294/05, s. 19.

Extended Health Benefits for Persons Receiving Payments under the 1986-1990 Hepatitis C Settlement Agreement

58.1  If a person is not eligible for income assistance for a month because the income of the person’s benefit unit, as determined under this Regulation, exceeds or is equal to the benefit unit’s budgetary requirements, as determined under this Regulation, the benefit set out in each subparagraph of paragraph 1 and in paragraph 1.1 of subsection 55 (1) shall be paid with respect to each member of the person’s benefit unit if,

(a) the person is otherwise eligible for income assistance;

(a.1) the administrator is satisfied that the member of the benefit unit meets the criteria for the benefit, as set out in the subparagraph or paragraph;

(b) the reason income exceeds or is equal to budgetary requirements is that a member of the person’s benefit unit received a loss of income payment or a loss of support payment under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others; and

(c) on April 1, 1999 the person was,

(i) a member of a benefit unit under this Act,

(ii) a member of a benefit unit under the Ontario Disability Support Program Act, 1997, or

(iii) a recipient or beneficiary under the Family Benefits Act. O. Reg. 326/00, s. 5; O. Reg. 395/04, s. 17; O. Reg. 137/05, s. 3.

58.2  Revoked: O. Reg. 380/09, s. 10.

Transition Child Benefit

58.3  (1)  A recipient who has one or more dependent children shall be paid a monthly transition child benefit under this section in respect of each dependent child who meets one of the following criteria:

1. A child in respect of whom neither the recipient nor his or her spouse, included in the benefit unit, is in receipt of any amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act or any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada).

Note: On March 1, 2015, paragraph 1 is amended by striking out “section 8.6.2 of the Income Tax Act” and substituting “section 104 of the Taxation Act, 2007”. (See: O. Reg. 164/14, ss. 10, 11 (3))

2. A child in respect of whom the recipient or his or her spouse, included in the benefit unit,

i. is receiving less than the maximum amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act and any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada), or

Note: On March 1, 2015, subparagraph i is amended by striking out “section 8.6.2 of the Income Tax Act” and substituting “section 104 of the Taxation Act, 2007”. (See: O. Reg. 164/14, ss. 10, 11 (3))

ii. is receiving one of the following, but is not receiving the other:

A. any amount of the Ontario child benefit under section 8.6.2 of the Income Tax Act,

Note: On March 1, 2015, sub-subparagraph A is amended by striking out “section 8.6.2 of the Income Tax Act” and substituting “section 104 of the Taxation Act, 2007”. (See: O. Reg. 164/14, ss. 10, 11 (3))

B. any amount in respect of item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada). O. Reg. 119/08, s. 5.

(2)  The amount of a transition child benefit to be paid in respect of a dependent child shall be determined in accordance with the following rules:

1. With respect to dependent children to whom paragraph 1 of subsection (1) applies, the transition child benefit is $230 for each child.

2. With respect to dependent children to whom paragraph 2 of subsection (1) applies, the transition child benefit is calculated as follows:

A = ($230 × B) – (C + D)

where,

A = the monthly amount of the transition child benefit,

B = the number of dependent children to whom paragraph 2 of subsection (1) applies,

C = the total monthly payment with respect to dependent children to whom paragraph 2 of subsection (1) applies under section 8.6.2 of the Income Tax Act, and

D = the total monthly payment with respect to dependent children to whom paragraph 2 of subsection (1) applies that represents item “C” in the formula set out in subsection 122.61 (1) of the Income Tax Act (Canada) as decreased by the sum of $43.75 for the first dependent child, $41.99 for the second dependent child and $41.41 for each additional dependent child.

O. Reg. 119/08, s. 5; O. Reg. 179/09, s. 4; O. Reg. 200/13, s. 4; O. Reg. 48/14, s. 4.

Note: On March 1, 2015, subparagraph 2 is amended by striking out “section 8.6.2 of the Income Tax Act” and substituting “section 104 of the Taxation Act, 2007”. (See: O. Reg. 164/14, ss. 10, 11 (3))

(3)  A recipient whose budgetary requirements are determined under subsection 43 (2), 44 (2) or 44.1 (2) or (3) is not eligible to be paid a transition child benefit under this section for his or her dependent child or children. O. Reg. 119/08, s. 5.

(4)  Despite subsection (2), where a recipient or spouse included in the benefit unit is a shared-custody parent under section 122.61 of the Income Tax Act (Canada) in respect of one or more dependent children, the monthly transition child benefit is equal to the amount determined by the formula:

(A + B) ÷ 2

where,

A = the amount determined for the month under subsection (2) for all dependent children in the benefit unit, including those dependent children in respect of whom the recipient or spouse is a shared-custody parent, and

B = the amount determined for the month under subsection (2) for the dependent children in the benefit unit, excluding those dependent children in respect of whom the recipient or spouse is a shared-custody parent.

O. Reg. 139/11, s. 3 (1).

(5)  Revoked: O. Reg. 139/11, s. 3 (2).

(6)  The transition child benefit shall be reduced by 50 per cent where there has been a determination under subclause 2 (3) (c) (ii) that the recipient or spouse included in the benefit unit is a parent who shares physical custody of a dependent child on an approximately equal basis in a month. O. Reg. 226/08, s. 7.

Discretionary Benefits

59.  (1)  A delivery agent may pay or provide one or more of the benefits set out in subsection (2) to or on behalf of a person referred to in section 8 of the Act in the amount determined by the administrator. O. Reg. 134/98, s. 59 (1).

(2)  For the purposes of subsection (1), the benefits are the following:

1. The cost of dental services.

2. The cost of one or more prosthetic appliances, including eye-glasses.

3. The cost of vocational training and retraining.

4. The cost of travel and transportation.

5. The cost of moving.

6. The cost of a funeral and burial and the extraordinary costs of transporting a deceased person.

7. Any other special service, item or payment in addition to those set out in paragraphs 1 to 6 authorized by the Director. O. Reg. 134/98, s. 59 (2).

(3)  An application for discretionary benefits shall be in the form and manner approved by the Director and shall be made to the administrator for the geographic area where the applicant resides. O. Reg. 134/98, s. 59 (3).

(4)  Beneficiaries under the Family Benefits Act and children on whose behalf financial assistance is provided under section 49 of the Ontario Disability Support Program Act, 1997 are prescribed classes for the purpose of clause 8 (c) of the Ontario Works Act, 1997. O. Reg. 227/98, s. 33.

(4.1)  Children on behalf of whom temporary care assistance is provided are a prescribed class of persons for the purpose of clause 8 (c) of the Act. O. Reg. 261/06, s. 10.

(5)  Ontario or a delivery agent is entitled to recover amounts paid under paragraph 6 of subsection (2) from the persons or organizations liable for the payment of those costs. O. Reg. 134/98, s. 59 (5).

PART VIII
GENERAL

Persons Acting for a Recipient

60.  (1)  If one of the following bodies is appointed by the administrator to act for a recipient under section 17 of the Act, that body may receive compensation for expenses incurred and services provided in acting for the recipient:

1. The Office of the Public Guardian and Trustee.

2. An organization or agency under contract to the delivery agent or to the Ministry to act on behalf of persons. O. Reg. 134/98, s. 60 (1).

(2)  The compensation for expenses under subsection (1) shall not be recovered from the amount of basic financial assistance payable to a recipient. O. Reg. 134/98, s. 60 (2).

(3)  A person appointed to act for a recipient shall file an annual report with the administrator accounting for the use of the basic financial assistance received on behalf of a person and shall provide such supplementary information, monthly or otherwise, including receipts, as is requested by the administrator. O. Reg. 134/98, s. 60 (3).

(4)  The administrator shall, if feasible, obtain the consent of a recipient 18 years of age or older to an appointment under section 17 of the Act, and if the recipient so requests, shall give the recipient an opportunity to suggest someone else to act for him or her or to make submissions as to why the appointment should not be made or should be discontinued. O. Reg. 134/98, s. 60 (4).

(5)  If the administrator appoints a person to act for a recipient, the administrator shall periodically inquire into the need to continue the appointment and may revoke the appointment as a result of the review. O. Reg. 134/98, s. 60 (5).

(6)  An administrator who has paid basic financial assistance for a benefit unit to a person appointed under section 17 of the Act may pay an additional amount not to exceed one month’s income assistance if the administrator is satisfied that,

(a) the person appointed under section 17 of the Act has misused the amount originally paid; and

(b) without the additional payment, the benefit unit is unable to provide for its basic needs and shelter. O. Reg. 134/98, s. 60 (6); O. Reg. 546/98, s. 7 (1, 2).

Payment to Third Party

61.  (1)  An administrator shall not pay a part of a recipient’s basic financial assistance directly to a third party under section 18 of the Act unless the administrator is satisfied that an amount is due and owing or will be due and owing to the third party by a member of the benefit unit. O. Reg. 134/98, s. 61 (1); O. Reg. 546/98, s. 8.

(2)  The administrator may pay a part of a recipient’s basic financial assistance into court or to a neutral third party pending resolution of a dispute if,

(a) the recipient asks the administrator to do so; and

(b) the administrator is satisfied that there is a reasonable dispute regarding the obligation to pay to which subsection (1) applies. O. Reg. 134/98, s. 61 (2).

Recovery of Overpayments and Deductions re Money Owed for Support, etc.

62.  (1)  For the purposes of subsections 20 (2) and 23 (3) of the Act, the prescribed amount is,

(a) 10 per cent of budgetary requirements; and

(b) 100 per cent of any arrears of basic financial assistance or income support under the Ontario Disability Support Program Act, 1997 payable to the recipient. O. Reg. 165/99, s. 14; O. Reg. 261/06, s. 11.

(2)  For the purpose of subsection 23 (4) of the Act, the prescribed person is the Director of the Family Responsibility Office of the Province of Ontario or a person occupying a comparable position with a similar program in a jurisdiction with which Ontario has entered into an agreement regarding the reciprocal enforcement of support orders. O. Reg. 227/98, s. 34.

(3)  If a recipient ceases to be eligible because of an increase in the value of assets, the amount recoverable under section 19 of the Act shall not exceed the difference between,

(a) the maximum value of the assets owned by the persons who were members of the benefit unit when the person was ineligible; and

(b) the maximum value of assets permitted under section 38. O. Reg. 227/98, s. 34.

Minimum Assistance Payable

63.  If the amount of any payment of assistance is determined to be less than $2.50, the amount shall be $2.50. O. Reg. 134/98, s. 63.

Time and Manner of Payment of Assistance

64.  (1)  Assistance shall not be paid with respect to a period of more than one month at any one time unless the payment is a retroactive calculation or made pursuant to a decision of the Tribunal or the court. O. Reg. 134/98, s. 64 (1).

(2)  Assistance shall be paid in the manner directed by the Director. O. Reg. 134/98, s. 64 (2).

Eligibility Review Officers

65.  (1)  For the purpose of carrying out an investigation, an eligibility review officer may,

(a) subject to subsection (2), enter any place that the officer believes on reasonable grounds contains evidence relevant to determining a person’s eligibility for payments under an Act set out in subsection 58 (2) of the Ontario Works Act, 1997;

(b) inquire into all financial transactions, records and other matters that are relevant to the investigation; and

(c) demand the production for inspection of anything described in clause (b). O. Reg. 134/98, s. 65 (1); O. Reg. 227/98, s. 35.

(2)  An officer shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling except under the authority of a search warrant. O. Reg. 134/98, s. 65 (2).

(3)  An officer shall exercise the powers mentioned in subsection (1) only during business hours for the place that the officer has entered. O. Reg. 134/98, s. 65 (3).

(4)  A demand mentioned in clause (1) (c) shall be in writing and shall include a statement of the nature of the things required. O. Reg. 134/98, s. 65 (4).

(5)  If an officer makes a demand, the person having custody of the things shall produce them to the officer. O. Reg. 134/98, s. 65 (5).

(6)  On issuing a written receipt, the officer may remove the things that are produced and may,

(a) review or copy any of them; or

(b) bring them before a justice of the peace, in which case section 159 of the Provincial Offences Act applies, or deal with them in accordance with the applicable provisions of the Criminal Code (Canada). O. Reg. 134/98, s. 65 (6).

(7)  Except where clause (6) (b) applies, the officer shall review or copy things with reasonable dispatch and shall forthwith after doing so return the things to the person who produced them. O. Reg. 134/98, s. 65 (7).

(8)  A copy certified by an officer as a copy made under clause (6) (a) is admissible in evidence to the same extent, and has the same evidentiary value as the thing copied. O. Reg. 134/98, s. 65 (8).

(9)  An officer may call upon an expert for whatever assistance he or she considers necessary in carrying out an investigation. O. Reg. 134/98, s. 65 (9).

(10)  For the purpose of carrying out an investigation, an officer may use a data storage, processing or retrieval device or system in order to produce a record in readable form. O. Reg. 134/98, s. 65 (10).

(11)  An officer may require information or material from a person who is the subject of an investigation under this section or from any person who the officer has reason to believe can provide information or material relevant to the investigation. O. Reg. 134/98, s. 65 (11).

(12)  A person who is required under this section to produce a record for an officer shall, on request, provide whatever help is reasonably necessary including using any data storage, processing or retrieval device or system to produce a record in readable form. O. Reg. 134/98, s. 65 (12).

(13)  Only the persons or classes of persons authorized by the Director shall have the authority to apply for and act under a search warrant under the authority of subsection 58 (2) of the Act. O. Reg. 134/98, s. 65 (13).

Family Support Workers

65.1  (1)  For the purposes of the Act and the regulations, a family support worker may,

(a) enter into an agreement on behalf of the delivery agent with a person who has a legal obligation to provide support to a member of the benefit unit under an agreement or a court order or judgment regarding the recovery of income assistance paid for the benefit of that member from that person;

(b) assist a member of the benefit unit or the delivery agent with legal proceedings, including variation motions and applications, with respect to support for a member of a benefit unit;

(c) undertake legal proceedings, including variation motions and applications, for support for a member of a benefit unit on behalf of the member or the delivery agent;

(d) assist a member of a benefit unit in completing an agreement providing for support of a member of a benefit unit, including a domestic contract or a paternity agreement, as defined in section 51 of the Family Law Act, and register any such agreement with the Family Responsibility Office for enforcement;

(e) negotiate an assignment of a support order by a member of a benefit unit on behalf of the delivery agent, serve the assignment as required, register the assignment with the Family Responsibility Office for enforcement and complete supporting documentation including directions regarding payment of funds;

(f) accept service on behalf of the delivery agent with respect to proceedings respecting support of a member of a benefit unit and respond to applications to vary existing agreements or court orders or judgments with respect to support of such a member;

(g) undertake investigations and inquiries necessary to carry out his or her duties under this section; and

(h) collect, use and disclose personal information necessary to carry out his or her duties under this section, in accordance with any agreements entered into under section 71, 72 or 73 of the Act. O. Reg. 272/98, s. 10.

(2)  Subsection (1) applies with necessary modifications with respect to the pursuit of resources available for the support or maintenance of a member of the benefit unit. O. Reg. 272/98, s. 10.

(3)  Nothing in subsection (1) or (2) authorizes a family support worker to provide legal advice to any person. O. Reg. 272/98, s. 10.

Discharging a Lien

66.  (1)  This section applies if,

(a) before the day this section came into force,

(i) an administrator, as a condition of eligibility for basic financial assistance, required a person who owned or had an interest in land in Ontario and to whom section 12 of the Act applied to consent to the delivery agent having a lien against the land,

(ii) the person consented to the delivery agent having a lien against the land, and

(iii) the delivery agent registered a notice of lien against the land in the appropriate registry or land titles office; and

(b) no discharge of the lien has been registered against the land in the appropriate registry or land titles office. O. Reg. 395/04, s. 18.

(2)  At the request of a person with an interest in the land against which the notice of lien is registered, the administrator shall prepare a discharge of the lien and shall provide it to the person, regardless of whether the lien amount has been repaid. O. Reg. 395/04, s. 18.

(3)  The Director or the administrator may register a discharge of the lien against the land in the appropriate registry or land titles office, regardless of whether the lien amount has been repaid. O. Reg. 395/04, s. 18.

(4)  A person who repaid all or any part of the lien amount before the day this section came into force is not entitled to reimbursement of the amount repaid. O. Reg. 395/04, s. 18.

PART IX
REVIEWS AND APPEALS

Notice of Decision

67.  (1)  A notice under section 24 of the Act,

(a) shall be in writing or in an electronic format approved by the Director; and

(b) shall be,

(i) delivered personally to the applicant or recipient or sent by prepaid regular mail to the individual’s last known address, or

(ii) delivered to the applicant or recipient electronically in a manner approved by the Director. O. Reg. 407/12, s. 6.

(2)  The notice shall include,

(a) the decision and its effective date;

(b) reasons for the decision;

(c) a statement that the applicant or recipient must request an internal review if he or she wishes to appeal the decision to the Tribunal;

(d) the time within which the internal review may be requested; and

(e) the time within which the applicant or recipient may file an appeal to the Tribunal. O. Reg. 227/98, s. 37.

Decisions that Cannot be Appealed

68.  For the purpose of paragraph 8 of subsection 26 (2) of the Act, the following are prescribed decisions:

1. A decision of the administrator not to extend the time as set out in subsection 69 (3).

2. A decision to refuse, suspend or cancel basic financial assistance or to reduce basic financial assistance on the death of a member of the benefit unit. O. Reg. 227/98, s. 37.

Request for Internal Review

69.  (1)  The prescribed time for requesting an internal review is 30 days from the day the decision is received or deemed to have been received under section 68 of the Act. O. Reg. 227/98, s. 37; O. Reg. 49/09, s. 4.

(2)  A request for an internal review shall be in writing. O. Reg. 227/98, s. 37.

(3)  The administrator may hold an internal review even if it was not requested within the prescribed time if the administrator is satisfied that the applicant or recipient was unable to request an internal review within that time because of circumstances beyond his or her control. O. Reg. 227/98, s. 37.

(4)  If an applicant or recipient withdraws a request for an internal review, the request shall be deemed not to have been made. O. Reg. 227/98, s. 37.

Time and Manner of Conducting Internal Review

70.  (1)  The prescribed time for completing an internal review is 30 days from the day the administrator receives the request for internal review. O. Reg. 227/98, s. 37; O. Reg. 221/13, s. 14.

(2)  The person who made a decision shall not conduct the internal review of that decision. O. Reg. 227/98, s. 37.

Decision on Internal Review

71.  (1)  A decision made on an internal review,

(a) shall be in writing or in an electronic format approved by the Director; and

(b) shall be,

(i) delivered personally to the applicant or recipient or sent by prepaid regular mail to the individual’s last known address, or

(ii) delivered to the applicant or recipient electronically in a manner approved by the Director. O. Reg. 407/12, s. 7.

(2)  The decision made on an internal review shall include,

(a) the administrator’s original decision;

(b) a statement of whether the administrator’s decision is confirmed, set aside or varied;

(c) reasons for the decision on internal review; and

(d) the effective date of the decision on internal review. O. Reg. 227/98, s. 37.

Time and Manner of Commencing Appeal to Tribunal

72.  (1)  For the purpose of subsection 28 (1) of the Act, the prescribed time for appealing a decision of the administrator is 30 days from the day the administrator’s decision is final under clause 25 (3) (b) of the Act. O. Reg. 227/98, s. 37.

(2)  No appeal to the Tribunal shall be commenced more than one year after the date of the administrator’s decision. O. Reg. 227/98, s. 37.

(3)  A request to the Tribunal for a hearing shall be made by filing with the Tribunal a notice of appeal in a form approved by the Minister. O. Reg. 227/98, s. 37.

Notification of Appeal and Written Submissions

73.  (1)  Upon receiving a notice of appeal, the Tribunal shall send a copy of the notice to any other parties to the proceeding. O. Reg. 227/98, s. 37; O. Reg. 546/98, s. 9.

(2)  If the administrator intends to file a written submission, it shall be filed with the Tribunal within 30 days after the administrator receives a copy of the notice of appeal. O. Reg. 227/98, s. 37.

(3)  A copy of the administrator’s written submission, if any, shall be provided to the appellant and any other party. O. Reg. 227/98, s. 37.

(4)  This section and sections 74 to 80 do not apply with respect to an appeal if the Tribunal determines the appeal to be frivolous or vexatious under section 33 of the Act. O. Reg. 227/98, s. 37.

Notice of Hearing

74.  (1)  The Tribunal shall send a notice of hearing to all parties within 60 days after receiving a notice of appeal and the notice of hearing shall include the manner of holding the hearing. O. Reg. 227/98, s. 37.

(2)  The notice of hearing shall set out,

(a) in the case of an oral hearing, the place, date and time of the hearing; or

(b) in the case of a paper hearing, the dates by which the parties are required to provide their written submissions and documentary evidence to the Tribunal. O. Reg. 227/98, s. 37.

(3)  The Tribunal shall give the parties at least 30 days notice of the hearing. O. Reg. 227/98, s. 37.

Notice to Director of Appeals

75.  For the purpose of section 29 of the Act, the following are the prescribed appeals:

1. Appeals involving issues of general importance.

2. Appeals involving the interpretation of this or any other legislation. O. Reg. 227/98, s. 37.

Conduct of Oral Hearing of Tribunal

76.  (1)  The appellant shall present his or her case first on an oral hearing of an appeal before the Tribunal unless the administrator agrees otherwise. O. Reg. 227/98, s. 37.

(2)  Unless the parties agree otherwise, a party who intends to produce written or documentary evidence or written submissions at an oral hearing shall provide copies of that evidence or those submissions to the other parties and the Tribunal,

(a) in the case of the appellant, at least 20 days before the hearing; and

(b) in the case of the administrator and any other parties, at least 10 days before the hearing. O. Reg. 227/98, s. 37.

(3)  If a party does not produce evidence or submissions in accordance with subsection (2) or subsection 73 (2), the Tribunal may, on the terms and conditions it considers appropriate,

(a) adjourn the hearing;

(b) refuse to accept the evidence or written submissions; or

(c) accept the evidence or written submissions. O. Reg. 227/98, s. 37; O. Reg. 546/98, s. 10.

(4)  The Tribunal shall ensure that the evidence at an oral hearing of an appeal is recorded by notes taken by a member of the Tribunal participating in the hearing or by a method from which a transcript can be produced. O. Reg. 227/98, s. 37.

Interim Assistance

77.  For the purpose of subsection 30 (1) of the Act, interim assistance shall not exceed the maximum amount payable for income assistance and benefits permitted under the Act. O. Reg. 227/98, s. 37.

Decision of Tribunal

78.  (1)  The Tribunal shall deliver a written decision to the parties to an appeal within 60 days after it last receives evidence or submissions on the appeal. O. Reg. 227/98, s. 37.

(2)  The Tribunal’s findings of fact shall be based exclusively on evidence admissible and facts of which notice may be taken under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act. O. Reg. 227/98, s. 37.

(3)  The Tribunal’s decision shall include the principal findings of fact and its conclusions based on those findings. O. Reg. 227/98, s. 37.

(4)  If an appellant withdraws a notice of appeal,

(a) the Tribunal is not required to deliver a decision; and

(b) the withdrawal shall be deemed to be a final order denying the appeal for the purpose of section 32 of the Act. O. Reg. 227/98, s. 37.

Reconsideration by Tribunal

79.  (1)  A person requesting a reconsideration of a decision of the Tribunal shall file the request in a form approved by the Minister within 30 days after receiving the decision to which it applies and shall serve that request on the other parties to the original decision. O. Reg. 227/98, s. 37.

(2)  Subject to subsection (3), the Tribunal may extend the time for requesting the reconsideration if it is satisfied that there are apparent grounds for a reconsideration and that there are reasonable grounds for applying for the extension. O. Reg. 227/98, s. 37.

(3)  No request for a reconsideration may be made more than one year after the decision. O. Reg. 227/98, s. 37.

(4)  The other parties may make written submissions to the Tribunal in response to the request for reconsideration if they do so within 15 days after receiving the request for reconsideration. O. Reg. 227/98, s. 37.

(5)  The Tribunal shall issue a decision as to whether to hold a reconsideration hearing not sooner than 20 days after the request is made nor more than 60 days after the request is made. O. Reg. 227/98, s. 37.

(6)  Sections 74 to 78 apply with necessary modifications to the conduct of a reconsideration hearing and for that purpose,

(a) the person requesting the reconsideration shall present his or her case first and deliver the material set out in subsection 76 (2) in accordance with clause 76 (2) (a); and

(b) the other parties shall deliver the material set out in subsection 76 (2) in accordance with clause 76 (2) (b). O. Reg. 227/98, s. 37.

Subsequent Appeal on Same Issue

80.  For the purpose of subsection 34 (2) of the Act, the prescribed period is a period of two years after the date of the administrator’s decision. O. Reg. 227/98, s. 37.

Appeal to Divisional Court

81.  (1)  A person appealing a decision of the Tribunal to the Divisional Court shall file a notice of appeal with the Divisional Court within 30 days after receiving the decision. O. Reg. 227/98, s. 37.

(2)  If a party has made a request to the Tribunal for a reconsideration of its decision, no party may commence an appeal to the Divisional Court until,

(a) the Tribunal has held the reconsideration and delivered a decision;

(b) the Tribunal has refused to hold a reconsideration; or

(c) the request for the reconsideration has been withdrawn. O. Reg. 227/98, s. 37.

(3)  If subsection (2) applies, the notice of appeal with the Divisional Court shall be filed within 30 days after the occurrence referred to in subsection (2), rather than as provided in subsection (1). O. Reg. 227/98, s. 37.

Record for Court

82.  (1)  For the purpose of subsection 36 (2) of the Act, the prescribed documents are,

(a) the notice of appeal;

(b) the original decision of the administrator;

(c) any written submissions filed with the Tribunal;

(d) any written or documentary evidence filed with the Tribunal;

(e) any correspondence to or from the Tribunal concerning the conduct of the appeal;

(f) the final decision and any preliminary decisions of the Tribunal;

(g) the transcript of the Tribunal’s hearing, if it is available, or the notes taken by a member of the Tribunal in accordance with subsection 76 (4); and

(h) any documents with respect to a request to the Tribunal for a reconsideration or with respect to a reconsideration hearing. O. Reg. 227/98, s. 37.

(2)  For the purpose of subsection 36 (2) of the Act, the record in an appeal shall be deemed to be filed forthwith if it is filed within 60 days after the Tribunal receives the notice of appeal to the Divisional Court. O. Reg. 227/98, s. 37.

Paper Hearings

83.  For the purpose of subsection 65 (2) of the Act, the cases on which the Tribunal shall hold a paper hearing are those cases where all parties consent to such a hearing. O. Reg. 227/98, s. 37.

PART X
TRANSITION

84.  (1)  In this section,

“change in eligibility resulting from the same-sex partner amendments”, with respect to a recipient, means a change with respect to the recipient’s eligibility for assistance, the conditions of the recipient’s continuing eligibility for assistance or the amount of assistance that the recipient is to receive, if that change results from amendments made to this Regulation by Ontario Regulation 32/00. O. Reg. 586/00, s. 3 (1).

(2)  An administrator shall,

(a) review and update the information recorded with respect to each recipient affected by the change in eligibility resulting from the same-sex partner amendments; and

(b) make the determination required for the change in eligibility resulting from the same-sex partner amendments to take effect. O. Reg. 32/00, s. 20; O. Reg. 586/00, s. 3 (2, 3)

(3)  A change in eligibility resulting from the same-sex partner amendments shall take effect with respect to a recipient on the day an administrator makes the determination mentioned in clause (2) (b) with respect to that recipient. O. Reg. 32/00, s. 20; O. Reg. 586/00, s. 3 (4).

85.  (1)  In this section,

“change in eligibility resulting from the property amendment”, with respect to a recipient, means a change with respect to the recipient's eligibility for income assistance, the conditions of the recipient’s continuing eligibility for income assistance or the amount of income assistance that the recipient is to receive, if that change results from the revocation of paragraph 14 of subsection 39 (1) by Ontario Regulation 586/00. O. Reg. 586/00, s. 4.

(2)  An administrator shall,

(a) identify each recipient that may be affected by the change in eligibility resulting from the property amendment; and

(b) make the determination required for the change in eligibility resulting from the property amendment to take effect. O. Reg. 586/00, s. 4.

(3)  If an administrator makes the determination mentioned in clause (2) (b) with respect to a recipient, a change in eligibility resulting from the property amendment shall take effect with respect to that recipient on September 1, 2001. O. Reg. 586/00, s. 4.

86.  (1)  In this section,

“change in eligibility resulting from the amendments with respect to financial independence”, with respect to a recipient, means a change with respect to the amount of assistance that the recipient is to receive, if that change results from amendments made to this Regulation by section 1 of Ontario Regulation 383/05. O. Reg. 383/05, s. 3.

(2)  An administrator shall,

(a) review and update the information recorded with respect to each recipient who receives assistance on behalf of a dependent adult to determine if the recipient is affected by the change in eligibility resulting from the amendments with respect to financial independence; and

(b) make the necessary determination required for the change in eligibility resulting from the amendments with respect to financial independence to take effect. O. Reg. 383/05, s. 3.

(3)  A change in eligibility resulting from the amendments with respect to financial independence shall take effect with respect to a recipient on the day an administrator makes the determination mentioned in clause (2) (b) with respect to that recipient. O. Reg. 383/05, s. 3.

Français

Back to top