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Ontario Works Act, 1997

ONTARIO REGULATION 134/98

GENERAL

Consolidation Period: From December 1, 2007 to May 1, 2008.

This is the most current consolidation of this law available on e-Laws.

Notice of additional information:

The following amendments have been filed and will be incorporated in a subsequent consolidation:

O. Reg. 119/08 filed May 2, 2008.

See Source Law for text of amendments.

More recent events may not yet be included in this notice.

Last amendment: O. Reg. 479/07.

This is the English version of a bilingual regulation.

SKIP TABLE OF CONTENTS

CONTENTS

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”)

“nursing home” means a nursing home licensed under the Nursing Homes Act; (“maison de soins infirmiers”)

“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.

(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) on behalf 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, or

(ii) is the parent with primary care and control of the child, if subclause (i) does not apply;

(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 and, if 16 years of age or older, is making satisfactory progress with his or her studies or program,

(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).

(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.  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.

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 nursing 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.

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 the Solicitor General and Correctional Services or Correctional Service Canada. O. Reg. 134/98, s. 8.

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;

Note: On July 1, 2008, subsection (2) is amended by adding the following clause:

(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;

See: O. Reg. 479/07, ss. 1, 10 (1).

(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.

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 may,

(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. 134/98, s. 32 (1).

(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 six 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 three months 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).

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

(a) for six 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 three months otherwise. O. Reg. 314/01, s. 5 (1); O. Reg. 395/04, s. 5 (3); O. Reg. 261/06, s. 3 (3).

(4)  The three or six-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).

(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 three or six-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).

(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 t