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Ontario Disability Support Program Act, 1997

ONTARIO REGULATION 222/98

GENERAL

Consolidation Period: From December 16, 2014 to the e-Laws currency date.

Last amendment: O. Reg. 282/14.

This is the English version of a bilingual regulation.

CONTENTS

   

Sections

 

Definitions

1

 

Interpretation

2

PART I

ELIGIBILITY FOR INCOME SUPPORT

 
 

Age of Eligibility

3

 

Prescribed Persons who are Eligible

4

 

Review of Disability Determination

5

 

Employment Assistance Requirement for Some Members of Benefit Unit

6

 

Absence from Ontario

7

 

Status in the Country

8

 

Persons Detained in Custody

9

 

Home Visits

10

 

Obligation to Pursue Resources

11

 

Information to be Provided

12

 

Agreements to Reimburse and Assignments

13

PART II

APPLICATIONS FOR INCOME SUPPORT

 
 

Form, etc., of Application for Income Support

14

 

Consents Required for Application

15

 

Application Signed and Complete

16

 

Effective Date of Eligibility

17

 

New Application for Income Support Not Required

18

 

Rapid Reinstatement — Persons with a Disability

19

 

Rapid Reinstatement — Previous Finding under F.B.A.

20

 

Enquiry into Circumstances Re Income Support

21

PART III

REFUSAL, CANCELLATION OR REDUCTION OF INCOME SUPPORT

 
 

Assignment or Transfer of Assets

22

 

Non-Compliance with Conditions of Eligibility

23

 

Non-Compliance with Employment Assistance Requirements

24

 

Non-Compliance with Information Required on Special Diets

25-25.1

 

Re-application and Reinstatement

26

PART IV

ASSETS

 
 

Prescribed Limits for Assets

27

 

Determination of Assets

28

PART V

CALCULATION AND PAYMENT OF INCOME SUPPORT

 
 

General Rule for Calculation

29-29.1

 

General Budgetary Requirements

30

 

Shelter

31

 

Budgetary Requirements in Other Cases

31.1-33

 

Budgetary Requirements for Residents of Interval and Transition Homes

33.1

 

Reduction of Budgetary Requirements (Shared Custody) — General

33.2-34

 

Reduction of Budgetary Requirements — Persons Detained in Custody

35

 

Reduction of Budgetary Requirements — Patient in a Hospital

36

 

Reduction of Budgetary Requirements — Person in Residential Substance Abuse Recovery Program

36.1

 

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 45.3 for Same Months

36.2

 

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 45.3 for Same Months

36.2

 

Calculating Income — General Rule

37

 

Treatment of Earnings

38

 

Boarder and Rental Income

39

 

Sponsored Immigrants

40

 

Exemptions — Payments by Ontario

41

 

Exemptions — Payments by Canada

42

 

Other Exemptions

43

 

Treatment of Canada Child Tax Benefit

43.1

PART VI

BENEFITS

 
 

Benefits

44

 

Extended Health Benefits

45-45.1

 

Discretionary Benefit

45.2

 

Transition Child Benefit

45.3

PART VII

GENERAL

 
 

Verification of Disability

46

 

Disability Adjudication Unit

47

 

Authorized Prescriptions

48

 

Persons Acting for a Recipient

49

 

Payment to Third Party

50

 

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

51

 

Minimum Income Support Payable

52

 

Time and Manner of Payment of Income Support

53

 

Eligibility Review Officers

54

 

Family Support Workers

54.1

 

Discharging a Lien

55

PART VIII

REVIEWS AND APPEALS

 
 

Notice of Decision

56

 

Decisions that Cannot be Appealed

57

 

Request for Internal Review

58

 

Time and Manner of Conducting Internal Review

59

 

Decision on Internal Review

60

 

Time and Manner of Commencing Appeal to Tribunal

61

 

Notification of Appeal and Written Submissions

62

 

Notice of Hearing

63

 

New Medical Evidence

64

 

Conduct of Oral Hearing of Tribunal

65

 

Interim Assistance

66

 

Decision of Tribunal

67

 

Reconsideration by Tribunal

68

 

Subsequent Appeal on Same Issue

69

 

Appeal to Divisional Court

70

 

Record for Court

71

PART IX

TRANSITION

72-73

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”)

“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”)

“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”)

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

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

“sole support parent”, with respect to an applicant or recipient, 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 Director or to an administrator under the Ontario Works 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. 222/98, s. 1 (1); O. Reg. 273/98, s. 1; O. Reg. 33/00, s. 1 (1-4); O. Reg. 198/02, s. 1; O. Reg. 291/05, s. 1 (1-4); O. Reg. 165/07, 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. 33/00, s. 1 (5); O. Reg. 291/05, s. 1 (5).

(3)  Revoked: O. Reg. 33/00, 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 or a member of a prescribed class. O. Reg. 222/98, s. 2 (1); O. Reg. 273/98, s. 2; O. Reg. 33/00, s. 2 (1); O. Reg. 291/05, 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 Director, 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 under the Ontario Works Act, 1997,

(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 the Ontario Works Act, 1997, or

(ii) the person’s net monthly income, as determined by the Director, 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 under the Ontario Works Act, 1997. O. Reg. 222/98, s. 2 (2); O. Reg. 33/00, s. 2 (2); O. Reg. 329/00, s. 1; O. Reg. 291/05, s. 2 (2); O. Reg. 379/05, s. 1 (1).

(2.1)  Despite a determination that a person is financially independent within the meaning of subsection (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 44 (3) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997. O. Reg. 379/05, s. 1 (2).

(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 Director, if subclause (i) does not apply and subject to subsections (3.1) and (3.2); and

(d) in the case of a child of school age, the child,

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

(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 Director is satisfied that he or she will be attending school or a program approved by the Director at the next earliest opportunity. O. Reg. 222/98, s. 2 (3); O. Reg. 581/98, s. 1; O. Reg. 167/99, s. 1; O. Reg. 33/00, s. 2 (3-5); O. Reg. 172/04, s. 1; O. Reg. 291/05, s. 2 (3); O. Reg. 227/08, s. 1 (1); O. Reg. 121/09, s. 1; O. Reg. 140/11, 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. 227/08, 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. 227/08, 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 purpose of that section. O. Reg. 222/98, s. 2 (4).

PART I
ELIGIBILITY FOR INCOME SUPPORT

Age of Eligibility

3.  It is a condition of eligibility for income support that the applicant or recipient be at least 18 years of age. O. Reg. 222/98, s. 3.

Prescribed Persons who are Eligible

4.  (1)  For the purpose of subsection 3 (1) of the Act, the following are prescribed classes:

1. Subject to subsection (2), persons who on May 31, 1998 were recipients of benefits under the Family Benefits Act under,

i. clause 7 (1) (c) or (e) of that Act or subsection 2 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990,

ii. clause 7 (1) (a) or (b) of that Act or subsection 2 (1) or (11) of Regulation 366 of the Revised Regulations of Ontario, 1990, or

iii. subsection 2 (2) of Regulation 366 of the Revised Regulations of Ontario, 1990, so long as the person continues to qualify under that subsection as it read on May 31, 1998.

1.1 Subject to subsection (2), a person who on May 31, 1998 was a spouse of a person who was a recipient of benefits under clause 7 (1) (c) or (e) of the Family Benefits Act or subsection 2 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990 if,

i. on May 31, 1998 the person was also determined to be a person to whom one of those provisions applied, and

ii. at the time of determining whether the person is a member of a prescribed class, the person is no longer a spouse of the person who was a recipient of benefits.

2. Persons 65 years of age or older and not eligible for a pension under the Old Age Security Act (Canada).

3. Revoked: O. Reg. 349/11, s. 1.

3.1 Residents of a psychiatric facility under the Mental Health Act that was formerly designated as an institution by section 1 of Regulation 744 of the Revised Regulations of Ontario, 1990 made under the Mental Hospitals Act and that became a division or other part of another facility as a result of the implementation of a plan for the restructuring of hospital services.

3.2 Residents of the Centre for Addiction and Mental Health in the City of Toronto.

3.3 Residents of the Homewood Health Centre in the City of Guelph.

4., 4.1 Revoked: O. Reg. 523/10, s. 1 (1).

4.2 Former residents of a facility that was designated under Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 (General) made under the Developmental Services Act, as it read immediately before February 17, 2000, who ceased to be residents of that facility on or after June 1, 1998.

5. Residents in a home for special care established, licensed or approved under the Homes for Special Care Act.

6. Persons in receipt of disability benefits under the Canada Pension Plan.

7. Persons in receipt of a disability pension under paragraph (b) of section 105 of An Act Respecting the Quebec Pension Plan.

8. Residents of an intensive support residence as defined in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

9. Residents of a supported group living residence as defined in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008. O. Reg. 222/98, s. 4 (1); O. Reg. 167/99, s. 2 (1); O. Reg. 299/01, s. 1; O. Reg. 436/01, s. 1; O. Reg. 165/07, s. 2 (1); O. Reg. 523/10, s. 1; O. Reg. 349/11, s. 1.

(2)  Paragraphs 1 and 1.1 of subsection (1) do not apply with respect to a person described in one of those paragraphs who ceases to be eligible for income support unless section 20 applies. O. Reg. 167/99, s. 2 (2).

(3)  For the purpose of paragraph 6 of subsection (1), a person shall be deemed to be in receipt of disability benefits under the Canada Pension Plan for three months following the last month in which he or she receives those benefits. O. Reg. 222/98, s. 4 (3).

(4)  For the purpose of paragraph 7 of subsection (1), a person shall be deemed to be in receipt of a disability pension under An Act Respecting the Quebec Pension Plan for three months following the last month in which he or she receives the pension. O. Reg. 165/07, s. 2 (2).

Review of Disability Determination

5.  (1)  When a determination is made under section 4 of the Act that a person is a person with a disability, the person making the determination shall set a review date for that determination unless he or she is satisfied that the person’s impairment is not likely to improve. O. Reg. 222/98, s. 5 (1).

(2)  On a review of a determination, it may be found that a person is no longer a person with a disability. O. Reg. 222/98, s. 5 (2).

(3)  If a review date for a disability determination has been set under subsection (1), the information requested under paragraph 1 of section 47 must be provided within 90 days after the request is made unless an extension has been granted by the Director. O. Reg. 329/00, s. 2.

(4)  If the information described under subsection (3) is not provided within the 90-day period or within the extended time period, the recipient or the spouse included in the benefit unit is not eligible for income support. O. Reg. 329/00, s. 2; O. Reg. 291/05, s. 3.

Employment Assistance Requirement for Some Members of Benefit Unit

6.  (1)  Subject to subsection (2), it is a condition of eligibility for income support that the following members of a benefit unit complete a participation agreement under the Ontario Works Act, 1997 and comply with Part III of Ontario Regulation 134/98 (General) made under that Act as though they were a participant to whom that Part applies:

1. A dependent adult.

2. A spouse other than a spouse who has been determined to be a person with a disability under section 4 of the Act or a person who is a member of a prescribed class described under section 4. O. Reg. 29/06, s. 1.

(2)  Subsection (1) does not apply to a dependent adult or a spouse if he or she satisfies the Director,

(a) that he or she is participating in one or more activities to assist the dependent adult or spouse become and stay employed or increase his or her income from employment and that compliance with Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 will not increase his or her chances of becoming and staying employed or increase his or her income from employment, as the case may be;

(b) that he or she meets at least one of the criteria set out in subsection 27 (2) of Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997, other than the criteria listed in paragraphs 3 and 5 of that subsection;

(c) that he or she provides care to a family member who requires physical assistance or supervision on an ongoing basis because of disability, illness or old age, and that, based on documentation from persons providing support services to the household, the assistance or supervision required to be provided by the caregiver makes participation impracticable; or

(d) that there exist exceptional circumstances for excusing the dependent adult or spouse from compliance with Part III of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997. O. Reg. 29/06, s. 1.

Absence from Ontario

7.  (1)  A person who is absent from Ontario for a period greater than 30 days is not eligible for income support unless the absence has been approved by the Director as necessary,

(a) for reasons of health;

(b) to enable the person to attend a post-secondary institution; or

(c) because of exceptional circumstances. O. Reg. 222/98, s. 7.

(2)  For the purposes of clause (1) (a), an absence is necessary for health reasons 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. 222/13, 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. 222/13, s. 1.

Status in the Country

8.  (1)  The following persons are not eligible for income support:

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. 222/98, s. 8 (1); O. Reg. 394/04, s. 1 (1).

(2)  Paragraph 1 of subsection (1) does not apply with respect to a person if the Director 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. 222/98, s. 8 (2); O. Reg. 394/04, s. 1 (2).

Persons Detained in Custody

9.  A person is not eligible for income support 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. 222/98, s. 9; O. Reg. 209/10, s. 1.

Home Visits

10.  (1)  The Director may request a visit to the home of a person applying for or receiving income support in order to verify initial or ongoing eligibility for income support. O. Reg. 222/98, s. 10 (1).

(2)  The Director 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. 222/98, s. 10 (2).

(3)  A person visiting a home under this section shall not look at things that cannot be seen in plain view. O. Reg. 222/98, s. 10 (3).

(4)  A person is not eligible for income support if the Director has requested a visit to the person’s home and the person has refused the visit and failed to satisfy the Director that there was a valid reason for the refusal. O. Reg. 222/98, s. 10 (4).

(5)  The Director 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. 222/98, s. 10 (5).

Obligation to Pursue Resources

11.  (1)  If the Director 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 Director may determine that the person is not eligible for income support or reduce the amount of income support 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. 222/98, s. 11 (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 dependent adult is entitled if he or she 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; and

(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. O. Reg. 222/98, s. 11 (2); O. Reg. 172/04, s. 2; O. Reg. 394/04, s. 2; O. Reg. 480/07, s. 1.

Information to be Provided

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

(a) new or changed circumstances;

(b) disability or membership in a prescribed class;

(c) the receipt or disposition of assets; and

(d) the receipt or expected receipt of income or some other financial resource. O. Reg. 222/98, s. 12 (1).

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

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

(b) any other conditions relevant to determining the person’s eligibility. O. Reg. 222/98, s. 12 (2).

(3)  The Director may require that a member of a benefit unit provide an annual report respecting business assets and income from an interest in or operation of a business. O. Reg. 222/98, s. 12 (3).

(4)  A report under subsection (2) or (3) shall be prepared in a form and manner approved by the Director. O. Reg. 222/98, s. 12 (4).

(5)  If a person is required to complete and return a report under subsection (2) or (3) and fails to do so, the Director may determine that the person is ineligible for income support. O. Reg. 222/98, s. 12 (5).

Agreements to Reimburse and Assignments

13.  (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 support payable for the benefit unit, the Director may require, as a condition of eligibility for income support, 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 income support paid when the money becomes payable. O. Reg. 222/98, s. 13 (1).

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

(a) a requirement to reimburse income support 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 Ontario; and

(c) an assignment to Ontario of the right to be paid the money. O. Reg. 222/98, s. 13 (2).

(3)  An authorization and direction and assignment made under this section is irrevocable. O. Reg. 222/98, s. 13 (3).

(4)  If a person who has made an agreement under subsection (1) receives money to which the agreement applies, the person shall reimburse Ontario in accordance with the agreement for income support paid since the date of the event giving rise to the money being or becoming due and owing. O. Reg. 222/98, s. 13 (4).

(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 income support for that month. O. Reg. 222/98, s. 13 (5).

(6)  The agreement to reimburse, the authorization and direction and the assignment may be retrospective, prospective or both. O. Reg. 222/98, s. 13 (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 income support. O. Reg. 222/98, s. 13 (7).

(8)  A member of a benefit unit is not ineligible for income support 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 Director in accordance with the agreement. O. Reg. 222/98, s. 13 (8).

(9)  For the purpose of subsection 14 (2) of the Act, the prescribed overpayment amount is the amount that would have been payable to the Director under an agreement made under subsection (1). O. Reg. 222/98, s. 13 (9).

PART II
APPLICATIONS FOR INCOME SUPPORT

Form, etc., of Application for Income Support

14.  (1)  An application for income support shall be made to the Director in the form and manner approved by the Director. O. Reg. 222/98, s. 14 (1).

(2)  The Director may require an applicant to provide information necessary to determine and verify the applicant’s eligibility for income support, 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. Reports of persons described in section 46 relevant to a determination under section 4 of the Act.

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

7. Information regarding attendance and progress in an education or training program with respect to dependent adults required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997.

8. Information regarding employment and proposed employment assistance activities with respect to dependent adults required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997.

9. Information with respect to the person’s status in Canada. O. Reg. 222/98, s. 14 (2).

Consents Required for Application

15.  (1)  An application for income support 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. 222/98, s. 15 (1); O. Reg. 33/00, s. 3; O. Reg. 291/05, s. 4.

(2)  An application for income support shall, on the Director’s request, include a consent to disclose and verify information signed by another dependant. O. Reg. 222/98, s. 15 (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. 222/98, s. 15 (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. 222/98, s. 15 (4).

Application Signed and Complete

16.  (1)  An application for income support and all accompanying forms, other than reports required under paragraph 5 of subsection 14 (2), shall be signed by the applicant and the applicant’s spouse included in the benefit unit. O. Reg. 222/98, s. 16 (1); O. Reg. 33/00, s. 4 (1); O. Reg. 291/05, s. 5 (1).

(2)  The application and all accompanying forms shall also be signed by other dependants if the Director so requests. O. Reg. 222/98, s. 16 (2).

(3)  The application is not complete until 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 Director. O. Reg. 222/98, s. 16 (3).

(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. 291/05, s. 5 (2).

(5)  An application referred to in subsection 14 (1) that has not been completed within 90 days after a request under paragraph 1 of section 47 has been made shall be deemed to be withdrawn unless the Director approves a greater period of time for its completion. O. Reg. 222/98, s. 16 (5).

Effective Date of Eligibility

17.  (1)  On or after the completion of an application, the Director shall determine the effective date of eligibility for income support. O. Reg. 231/06, s. 1.

(2)  The Director may make a new determination of the effective date of eligibility for income support in the case of completed applications in which the applicant was determined to be eligible for income support on or after June 1, 1998 up to and including May 24, 2006 if that determination of the effective date of eligibility was made by the application of the four-month limit referred to in clause 17 (1) (b) or (2) (b), as those clauses read prior to May 25, 2006. O. Reg. 411/06, s. 1.

New Application for Income Support Not Required

18.  If, within one year before applying for income support, an applicant had previously applied for income support or for basic financial assistance under the Ontario Works Act, 1997, the Director may accept the previous application and supporting documentation as an application for income support and may require additional information to make the application complete and up to date. O. Reg. 222/98, s. 18.

Rapid Reinstatement — Persons with a Disability

19.  (1)  If a former recipient makes a new application for income support, a previous determination that the former recipient was a person with a disability shall be a valid determination for the purposes of the new application. O. Reg. 29/06, s. 2.

(2)  Subsection (1) does not apply if the previous determination was subject to a review date under section 5 and on a review, the person was found to be no longer a person with a disability. O. Reg. 29/06, s. 2.

(3)  A previous determination that is relied upon for the purpose of re-instating a former recipient under subsection (1) shall be subject to a review after the re-instatement if a review date was set for the previous determination under section 5 and the review had not yet occurred at the time the former recipient is re-instated for income support. O. Reg. 29/06, s. 2.

(4)  The review date for a review under subsection (3) shall be,

(a) the review date originally set for the previous determination under section 5 if that date has not yet passed when the former recipient is re-instated; and

(b) if the review date set under section 5 has passed, a date set by the Director. O. Reg. 29/06, s. 2.

Rapid Reinstatement — Previous Finding under F.B.A.

20.  A person who is a member of a class described in paragraph 1 or 1.1 of subsection 4 (1) shall be deemed to be a member of that prescribed class for the purpose of a new application if,

(a) on or after June 1, 1998 the person is found to be ineligible for income support because his or her income from employment or a business results in income that exceeds his or her budgetary requirements; and

(b) Revoked: O. Reg. 29/06, s. 3.

(c) if the person is described in subparagraph iii of that paragraph, the person continues to qualify under that subparagraph. O. Reg. 222/98, s. 20; O. Reg. 167/99, s. 3; O. Reg. 29/06, s. 3.

Enquiry into Circumstances Re Income Support

21.  In determining the eligibility of an applicant who applies for income support, the Director shall make or cause to be made an enquiry into the living conditions and the financial and other circumstances of the members of the benefit unit. O. Reg. 222/98, s. 21.

PART III
REFUSAL, CANCELLATION OR REDUCTION OF INCOME SUPPORT

Assignment or Transfer of Assets

22.  (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 Director, 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 income support, the Director shall,

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

(b) reduce the amount of income support to compensate for the inadequate consideration or the value of the assets assigned or transferred. O. Reg. 121/09, 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 income support or any time thereafter. O. Reg. 222/98, s. 22 (2).

(3)  If the Director 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 income support under subsection (1) or (2). O. Reg. 222/98, s. 22 (3).

Non-Compliance with Conditions of Eligibility

23.  (1)  The Director shall refuse to provide income support to an applicant or cancel or reduce the income support provided to a recipient if a member of the benefit unit fails to comply with a condition of eligibility for income support under the Act or this Regulation other than a matter referred to in section 24. O. Reg. 222/98, s. 23 (1); O. Reg. 457/03, s. 1.

(2)  If the recipient is a single person, the income support shall be cancelled; if the recipient’s benefit unit includes a dependant, the income support shall be reduced by an amount equal to the budgetary requirements and benefits for the person to whom subsection (1) applies. O. Reg. 222/98, s. 23 (2).

(3)  Income support 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. 222/98, s. 23 (3).

Non-Compliance with Employment Assistance Requirements

24.  (1)  The Director shall reduce the income support provided to a recipient in accordance with this section if a dependent adult or a spouse who is required to satisfy conditions relating to employment assistance under the Ontario Works Act, 1997,

(a) fails to comply with section 28 of Ontario Regulation 134/98; or

(b) refuses, or fails to make reasonable efforts, to participate in employment assistance activity that has been required under subsection 29 (1) of that regulation, other than an employment assistance activity referred to in paragraph 8 or 8.1 of section 26 of that regulation.

(c) Revoked: O. Reg. 262/06, s. 1 (1).

O. Reg. 222/98, s. 24 (1); O. Reg. 394/04, s. 3 (1); O. Reg. 29/06, s. 4 (1); O. Reg. 262/06, s. 1 (1).

(1.1)  The income support shall be reduced by the sum of the budgetary requirements and benefits for the dependent adult or a spouse, except that the amount of the benefit, if any, to be paid under subparagraph 1 i of subsection 44 (1) shall not be included in the sum if the Director is satisfied that the dependent adult or a spouse requires the drugs referred to in that subparagraph for a serious illness or serious health condition. O. Reg. 394/04, s. 3 (2); O. Reg. 29/06, s. 4 (2).

(2)  The income support shall be reduced under subsection (1.1),

(a) for three months if clause (1) (a) or (b) applies and income support or assistance under the Ontario Works Act, 1997 with respect to the dependent adult or spouse 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. 222/98, s. 24 (2); O. Reg. 394/04, s. 3 (3); O. Reg. 29/06, s. 4 (3); O. Reg. 262/06, s. 1 (2); O. Reg. 309/10, s. 1 (1, 2).

(3)  The one or three-month period referred to in subsection (2) shall be calculated from the date of the Director’s decision based on a reason referred to in clause (1) (a) or (b). O. Reg. 262/06, s. 1 (3); O. Reg. 309/10, s. 1 (3).

Non-Compliance with Information Required on Special Diets

25.  (1)  If a person who is requested to provide information under subsection (2) fails to do so, the Director shall reduce the amount of income support for the benefit unit by the amount of the budgetary requirement for a special diet because of a medical condition under paragraph 4 of subsection 30 (1) or paragraph 4 of subsection 33 (1), as the case may be. O. Reg. 563/05, s. 1; O. Reg. 15/11, s. 1 (1); O. Reg. 349/11, s. 2 (2).

(2)  The Director 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 subsection 30 (1) or paragraph 4 of subsection 33 (1), provide information respecting his or her requirement for a special diet because of a medical condition. O. Reg. 563/05, s. 1; O. Reg. 15/11, s. 1 (2); O. Reg. 349/11, s. 2 (3).

25.1  Revoked: O. Reg. 457/03, s. 2.

Re-application and Reinstatement

26.  (1)  If income support is refused or cancelled, it shall not be provided or reinstated until the period of ineligibility has expired and a new application has been made. O. Reg. 222/98, s. 26 (1).

(2)  Subject to subsection (3), if income support 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 Director. O. Reg. 222/98, s. 26 (2).

(3)  If, as a result of more than one reduction to income support, no income support is payable to a recipient, the income support shall be deemed to be cancelled. O. Reg. 222/98, s. 26 (3).

PART IV
ASSETS

Prescribed Limits for Assets

27.  (1)  The prescribed limit for assets for a benefit unit, for the purpose of clause 5 (1) (c) of the Act, is equal to the sum of,

(a) $5,000;

(b) $2,500, if there is a spouse included in the benefit unit; and

(c) $500 for each dependant other than a spouse. O. Reg. 222/98, s. 27 (1); O. Reg. 33/00, s. 5; O. Reg. 291/05, s. 6.

(2)  The Director may determine that the prescribed limit for assets for a benefit unit may be greater than the amount set out in subsection (1) if,

(a) a member of the benefit unit accumulates assets having a value greater than the prescribed limit in order to purchase an item or service the Director considers necessary for the health of a member of the benefit unit or for disability related items or services approved by the Director; and

(b) the greater amount is not greater than the sum of the prescribed limit for assets under subsection (1) and the amount allowed under clause (a). O. Reg. 222/98, s. 27 (2).

Determination of Assets

28.  (1)  For the purpose of section 27, 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 Director.

3. An interest in one property other than a principal residence if the Director is satisfied that the property is necessary for the health or well-being of one or more members of the benefit unit.

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

5. The amount remaining to be paid to a member of the benefit unit under a mortgage or agreement for sale.

6. With respect to a motor vehicle, the value of the person’s interest in the motor vehicle.

7. If there is a second motor vehicle that is required to permit a dependant to maintain employment outside the home, the lesser of the value of the person’s interest in it and $15,000.

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

9. Subject to paragraphs 10 and 11, for persons who have an interest in or operate a business, business assets that are necessary to the operation of that business, up to a maximum, for each such person and for each business, of $20,000 or a greater amount approved by the Director.

10. If more than one person in the benefit unit has an interest in or operates the same business, the amount under paragraph 9 for that business shall not exceed $20,000 or the greater amount approved by the Director.

11. If one person in the benefit unit has an interest in or operates more than one business, the amount under paragraph 9 for that person shall not exceed $20,000 or the greater amount approved by the Director.

12. That portion of a student or trainee loan, grant or award approved by the Director, 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.

13. A prepaid funeral.

14. Subject to subsections (2) and (2.2), 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.

14.1 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.

14.2 Subject to subsection (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.

15. 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.

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

17. An interest in real property of an applicant, recipient, spouse included in the benefit unit or dependent adult, other than an interest described in paragraph 1 or 3,

i. if the person with the interest in the real property is making reasonable efforts to sell his or her interest.

ii. Revoked: O. Reg. 394/04, s. 4 (6).

18. An interest in real property of a dependent child, other than an interest described in paragraph 1 or 3, if reasonable efforts are being made to sell the property.

19. Subject to subsection (3), the person’s beneficial interest in assets held in one or more trusts and available to be used for maintenance if the capital of the trusts is derived from an inheritance or from the proceeds of a life insurance policy.

20. Subject to subsection (3), the cash surrender value of life insurance policies.

21. The amount of a loan taken against a life insurance policy if that amount is or will be used for disability related items and services approved by the Director.

22. That portion of a loan that the Director 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.

23. That portion of a loan that the Director is satisfied will be applied within a reasonable period to the purchase of an asset exempt under this subsection.

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

25. 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 paragraph 9 of section 26 of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 if, within a reasonable period as determined by the Director, it is to be used for the person’s post-secondary education.

26. 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.

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

27. 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.

28. 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.

29. 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 Director.

30. A payment received from the Government of Alberta as compensation for sterilization.

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

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

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

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

32. 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.

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

32.2 The earnings of an adult member of the benefit unit made 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 Director, are to be used for training or post-secondary education costs.

32.3 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 or 40 per cent of a full-time course load if the person is in receipt of income support pursuant to subsection 3 (1) of the Act,

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 a 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 support under the Act or income assistance under the Ontario Works Act, 1997.

33. 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 Director, will be applied within a reasonable period to a purpose set out in paragraph 20 of subsection 43 (1).

34. 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 Director, the payment will be used within a reasonable period for the purpose for which it was made.

35. 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.

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

37. 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.

Note: On January 1, 2015, paragraph 37 is amended by striking out “the Ontario Power Authority” and substituting “the Independent Electricity System Operator”. (See: O. Reg. 282/14, ss. 1, 3)

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

39. 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 Director, for the purpose for which they were intended.

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

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

42. 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 Director, the loan or contribution will be used within a reasonable time and for the purpose for which it was given.

43. 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 Director, the payment will be used within a reasonable period and for the purpose for which it was paid.

44. 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 44 (1) for the same trip. O. Reg. 222/98, s. 28 (1); O. Reg. 581/98, s. 3 (1); O. Reg. 167/99, s. 4 (1, 2); O. Reg. 171/99, s. 1; O. Reg. 33/00, s. 6; O. Reg. 329/00, s. 3; O. Reg. 82/01, s. 1; O. Reg. 235/01, s. 1; O. Reg. 394/04, s. 4 (1-9); O. Reg. 291/05, s. 7; O. Reg. 262/06, s. 2 (1); O. Reg. 165/07, s. 3; O. Reg. 422/08, s. 1; O. Reg. 48/09, s. 1; O. Reg. 121/09, s. 3; O. Reg. 209/10, s. 2 (1, 2); O. Reg. 288/10, s. 1; O. Reg. 190/12, s. 1; O. Reg. 406/12, s. 1; O. Reg. 222/13, s. 2; O. Reg. 9/14, s. 1; O. Reg. 10/14, s. 1; O. Reg. 114/14, s. 1.

(2)  The total amount allowed under paragraphs 14, 14.1 and 14.2 of subsection (1) shall not exceed $100,000 unless the Director is satisfied that the person has made an appropriate arrangement for the administration of the amount exceeding $100,000 and that the amount exceeding $100,000,

(a) is paid with respect to expenses referred to in subparagraph 14 ii of subsection (1) and is used or is to be used for those expenses; or

(b) is used or is to be used for a purpose set out in paragraph 9 of subsection 43 (1). O. Reg. 262/06, s. 2 (2).

(2.1)  The Director may reduce the asset exemption with respect to the amount exceeding $100,000 under subsection (2), if the Director is not satisfied that the amount,

(a) has been used with respect to expenses referred to in subparagraph 14 ii of subsection (1);

(b) has been used for a purpose set out in paragraph 9 of subsection 43 (1); or

(c) will be used for such expenses or such a purpose within a reasonable period of time. O. Reg. 262/06, s. 2 (3).

(2.2)  The exemption under paragraph 14 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. 209/10, s. 2 (3, 4).

(3)  The total amount allowed under paragraphs 19 and 20 of subsection (1) shall not exceed $100,000. O. Reg. 222/98, s. 28 (3).

PART V
CALCULATION AND PAYMENT OF INCOME SUPPORT

General Rule for Calculation

29.  (1)  The amount of income support for a benefit unit shall be calculated on a monthly basis by determining the budgetary requirements of the benefit unit in accordance with sections 30 to 33.1, reducing that amount in accordance with sections 33.2 to 36.2 and subtracting from that amount the income of the benefit unit, determined in accordance with sections 37 to 43. O. Reg. 222/98, s. 29 (1); O. Reg. 262/06, s. 3; O. Reg. 480/07, s. 2; O. Reg. 227/08, s. 2.

(2)  Despite subsection (1), the budgetary requirements for a recipient in the month in which the recipient’s effective date for eligibility for income support falls, as determined by the Director under section 20 of the Act,

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

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

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

(b) with respect to basic needs, shall be prorated based on the number of days remaining in the month beginning with that effective date. O. Reg. 222/98, s. 29 (2); O. Reg. 231/06, s. 2.

29.1  (1)  Where the Director has made a new determination of the effective date of eligibility for income support under subsection 17 (2), the amount of income support payable for the period between the effective date of eligibility as determined under that subsection and the effective date of eligibility as previously determined under section 17 as it read prior to May 25, 2006 shall be calculated in accordance with this section. O. Reg. 411/06, s. 2.

(2)  A person who was not in receipt of income assistance under the Ontario Works Act, 1997 in the month in which his or her effective date of eligibility for income support fell, as previously determined under section 17 as it read prior to May 25, 2006, is eligible,

(a) for each full month of the period described in subsection (1), for an amount of income support equal to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006;

(b) for any incomplete month of the period described in subsection (1), for an amount of income support prorated, on the basis of the number of days of eligibility, if any, in relation to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006. O. Reg. 411/06, s. 2.

(3)  For each full month of the period described in subsection (1), a person who was in receipt of income assistance under the Ontario Works Act, 1997 in the month in which his or her effective date of eligibility for income support fell, as previously determined under section 17 as it read prior to May 25, 2006, is eligible for an amount of income support equal to the amount of income support, exclusive of benefits, to which the person was entitled in the first full month of eligibility for income support, as previously determined under section 17 as it read prior to May 25, 2006, less the amount of income assistance payable under that Act that was exempted for that month. O. Reg. 411/06, s. 2.

(4)  Despite subsection (1), the amount of income support payable for the period described in that subsection may be calculated in accordance with section 29 if,

(a) a person with a new effective date of eligibility determined under subsection 17 (2) requests the Director to do so; and

(b) the Director is satisfied that there was a substantial change in the person’s circumstances between the effective date of eligibility determined under subsection 17 (2) and the effective date of eligibility determined by the application of the four-month limit referred to in clause 17 (1) (b) or (2) (b), as those clauses read prior to May 25, 2006. O. Reg. 411/06, s. 2.

General Budgetary Requirements

30.  (1)  The budgetary requirements for an applicant or recipient to whom sections 32, 33 and 33.1 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 13-17 Years

Dependants 0-12 Years

Recipient
See Note 1 below
Amount in dollars

Recipient and Spouse
See Note 2 below
Amount in dollars

Recipient and Spouse
See Note 3 below
Amount in dollars

0

0

0

0

619

905

1,235

1

0

0

1

762

905

1,235

1

0

1

0

763

906

1,236

1

1

0

0

974

1,086

1,416

2

0

0

2

762

905

1,235

2

0

1

1

763

906

1,236

2

0

2

0

764

907

1,237

2

1

0

1

974

1,086

1,416

2

1

1

0

975

1,087

1,417

2

2

0

0

1,156

1,287

1,617

Note 1. A recipient if there is no spouse included in the benefit unit.

Note 2. A recipient with a spouse included in the benefit unit if Note 3 does not apply.

Note 3. A recipient with a spouse included in the benefit unit if each of the recipient and the spouse is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 or 7 of subsection 4 (1).

For each additional dependant, add $202 if the dependant is 18 years of age or older, $1 if the dependant is 13 to 17 years of age or $0 if the dependant is 0 to 12 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

339

1

338

410

2

406

480

For each additional dependant, add $72.

3. The amount payable for the cost of shelter calculated under section 31.

4. Subject to subsection (5), for the month in which the Director 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 562/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the Director 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 Director in accordance with Schedule 1 to Ontario Regulation 562/05, and

ii. $250.

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. 222/98, s. 30 (1); O. Reg. 33/00, s. 7 (1, 2); O. Reg. 172/04, s. 3; O. Reg. 416/04, s. 1 (1); O. Reg. 291/05, s. 8 (1, 2); O. Reg. 563/05, s. 2 (1); O. Reg. 20/06, s. 1; O. Reg. 465/06, s. 1 (1, 2); O. Reg. 267/07, s. 1 (1-3); O. Reg. 480/07, s. 3; O. Reg. 227/08, s. 3; O. Reg. 363/08, s. 1 (1, 2); O. Reg. 180/09, s. 1; O. Reg. 382/09, s. 1 (1, 2); ). O. Reg. 381/10, s. 1 (1, 2); O. Reg. 15/11, s. 2 (1); O. Reg. 303/11, s. 1 (1, 2); O. Reg. 349/11, s. 3; O. Reg. 207/12, s. 1 (1, 2); O. Reg. 406/12, s. 2; O. Reg. 199/13, s. 1; O. Reg. 222/13, s. 3 (1, 2); O. Reg. 49/14, s. 1; O. Reg. 166/14, s. 1 (1, 2).

(2)  The total amount paid under paragraphs 1 and 3 of subsection (1) with respect to a recipient and his or her spouse shall not exceed $1,842. O. Reg. 222/98, s. 30 (2); O. Reg. 33/00, s. 7 (3); O. Reg. 416/04, s. 1 (2); O. Reg. 291/05, s. 8 (3); O. Reg. 465/06, s. 1 (3); O. Reg. 267/07, s. 1 (4); O. Reg. 363/08, s. 1 (3); O. Reg. 382/09, s. 1 (3); O. Reg. 381/10, s. 1 (3); O. Reg. 303/11, s. 1 (3); O. Reg. 207/12, s. 1 (3); O. Reg. 222/13, s. 3 (3); O. Reg. 166/14, s. 1 (3).

(3)  Subsection (4) applies with respect to the special diet for a member of a benefit unit if,

(a) on April 30, 1998, the monthly amount determined for basic needs under the Family Benefits Act with respect to that member was increased under paragraph 6 of subsection 12 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990 by an amount greater than $250; and

(b) in each subsequent month, the additional cost required to provide the special diet has continued to be greater than $250. O. Reg. 581/98, s. 4; O. Reg. 349/11, s. 3.

(4)  Under the circumstances set out in subsection (3), the amount set out in subparagraph ii of paragraph 4 of subsection (1) shall be deemed to be the additional cost required to provide the special diet on April 30, 1998. O. Reg. 581/98, s. 4; O. Reg. 349/11, s. 3.

(5)  For the purposes of paragraph 4 of subsection (1), in order to establish for the Director 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 Director 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 the member.

2. Additional information respecting his or her requirement for a special diet allowance because of a medical condition as requested by the Director under subsection 25 (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 Director. O. Reg. 15/11, s. 2 (2); O. Reg. 349/11, s. 3.

(6)  Revoked: O. Reg. 10/14, s. 2.

Shelter

31.  (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 Director 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 Director, 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. 222/98, s. 31 (1); O. Reg. 167/99, s. 5.

(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

1

$479

2

753

3

816

4

886

5

956

6 or more

990

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. The amount payable for shelter determined under paragraph 3 or 4 shall be increased by $68 if the applicant or recipient has a spouse included in the benefit unit and both spouses are persons with a disability or members of a prescribed class described in subparagraph 1 i of subsection 4 (1) or paragraph 6 or 7 of subsection 4 (1).

6. 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. 222/98, s. 31 (2); O. Reg. 273/98, s. 3; O. Reg. 33/00, s. 8; O. Reg. 416/04, s. 2; O. Reg. 291/05, s. 9; O. Reg. 465/06, s. 2; O. Reg. 267/07, s. 2; O. Reg. 363/08, s. 2; O. Reg. 382/09, s. 2; O. Reg. 309/10, s. 2; O. Reg. 381/10, s. 2; O. Reg. 303/11, s. 2; O. Reg. 207/12, s. 2; O. Reg. 406/12, s. 3.

Budgetary Requirements in Other Cases

31.1  Revoked: O. Reg. 465/06, s. 3.

32.  (1)  The budgetary requirements of an applicant or recipient resident in a place referred to or listed in subsection (2) shall be an amount equal to the sum of the following:

1. $138 for each member of the benefit unit residing in a place referred to or listed in subsection (2).

2. In addition to an amount received under paragraph 1, $956 for each member of the benefit unit residing in a long-term care home under the Long-Term Care Homes Act, 2007.

3. In addition to an amount received under paragraph 1, $960 for each member of the benefit unit residing in an intensive support residence or a supported group living residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008. O. Reg. 406/12, s. 5; O. Reg. 222/13, s. 4; O. Reg. 166/14, s. 2.

(2)  Subsection (1) applies to applicants or recipients resident in the following places:

1. A place of residence referred to in paragraph 3.1, 3.2, 3.3, 5, 8 or 9 of subsection 4 (1).

2. A long-term care home under the Long-Term Care Homes Act, 2007.

3. A place designated under the regulations under the Health Insurance Act as a hospital or a health facility for the provision of insured services to chronically ill patients and that is a hospital for chronically ill patients, a chronic care hospital or a chronic unit attached to a general or convalescent hospital.

4. A community resource centre established under section 15 of the Ministry of Correctional Services Act for parolees or persons on probation under that Act.

5. A residential facility providing treatment, care or rehabilitation programs under the Child and Family Services Act.

6. A provincial residential school for persons whose vision or hearing is impaired. O. Reg. 406/12, s. 5.

33.  (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 section 32 shall be equal to the sum of the following amounts:

1. The amount set out in subparagraph i, ii or iii, as the case may be:

i. $776, if the applicant or recipient is a single person or a sole support parent.

ii. $1,167, if there is a spouse included in the benefit unit and subparagraph iii does not apply.

iii. $1,547, if there is a spouse included in the benefit unit and both spouses are persons with a disability or members of a prescribed class described in subparagraph 1 i of subsection 4 (1) or paragraph 6 or 7 of subsection 4 (1).

2. If the applicant or recipient has one or more dependants other than a spouse, the amount determined in accordance with the following Table:

TABLE

 

Age of Dependant

 

18 Years or Older

13 - 17 Years

0 - 12 Years

    A. Benefit unit with no spouse included

     

      1. First dependant

$446

$268

$233

      2. For each additional dependant, add to amount in item 1

218

132

97

    B. Benefit unit with spouse included

     

      1. For each dependant, add

218

132

97

3. 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

326

1

329

388

2

393

453

For each additional dependant, add $69.

4. Subject to subsection (4), for the month in which the Director 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 562/05 (Prescribed Policy Statements) made under the Act and for each succeeding month, up to and including the month in which the Director 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 Director in accordance with Schedule 1 to Ontario Regulation 562/05, and

ii. $250.

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. 222/98, s. 33; O. Reg. 273/98, s. 4; O. Reg. 33/00, s. 9; O. Reg. 172/04, s. 4; O. Reg. 416/04, s. 5; O. Reg. 291/05, s. 10; O. Reg. 563/05, s. 3 (1); O. Reg. 20/06, s. 2; O. Reg. 465/06, s. 5; O. Reg. 267/07, s. 4; O. Reg. 480/07, s. 4; O. Reg. 363/08, s. 4; O. Reg. 180/09, s. 2; O. Reg. 382/09, s. 4 (1-4); O. Reg. 381/10, s. 4; O. Reg. 15/11, s. 3 (1); O. Reg. 303/11, s. 4; O. Reg. 349/11, s. 5; O. Reg. 207/12, s. 4; O. Reg. 406/12, s. 7; O. Reg. 222/13, s. 5; O. Reg. 166/14, s. 3.

(2)  Subsection (3) applies with respect to the special diet for a member of a benefit unit if,

(a) on April 30, 1998, the monthly amount determined for basic needs under the Family Benefits Act with respect to that member was increased under paragraph 6 of subsection 12 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990 by an amount greater than $250; and

(b) in each subsequent month, the additional cost required to provide the special diet has continued to be greater than $250. O. Reg. 581/98, s. 5; O. Reg. 349/11, s. 5.

(3)  Under the circumstances set out in subsection (2), the amount set out in subparagraph ii of paragraph 4 of subsection (1) shall be deemed to be the additional cost required to provide the special diet on April 30, 1998. O. Reg. 581/98, s. 5; O. Reg. 349/11, s. 5.

(4)  For the purposes of paragraph 4 of subsection (1), in order to establish for the Director 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 Director 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 Director under subsection 25 (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 Director. O. Reg. 15/11, s. 3 (2); O. Reg. 349/11, s. 5.

(5)  Revoked: O. Reg. 10/14, s. 3.

Budgetary Requirements for Residents of Interval and Transition Homes

33.1  (1)  Subject to subsection (2), an applicant’s or recipient’s budgetary requirements are determined under section 30 or subsection 33 (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. 394/04, s. 6.

(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 Director may reduce the budgetary requirements of the applicant or recipient to an amount that is,

(a) Revoked: O. Reg. 207/12, s. 5 (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 October 31, 2010 and before November 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 October 31, 2011 and before November 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 October 31, 2012 and before September 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 August 31, 2013 and before September 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 August 31, 2014. O. Reg. 363/08, s. 5; O. Reg. 382/09, s. 5 (1); O. Reg. 381/10, s. 5 (1); O. Reg. 303/11, s. 5 (1); O. Reg. 207/12, s. 5 (1, 2); O. Reg. 222/13, s. 6 (1); O. Reg. 166/14, s. 4 (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. 363/08, s. 5; O. Reg. 382/09, s. 5 (2); O. Reg. 381/10, s. 5 (2); O. Reg. 303/11, s. 5 (2); O. Reg. 207/12, s. 5 (3); O. Reg. 222/13, s. 6 (2); O. Reg. 166/14, s. 4 (2).

Reduction of Budgetary Requirements (Shared Custody) — General

33.2  The amount payable for a child under paragraphs 1, 2, 4 and 5 of subsection 30 (1) and paragraphs 3, 4 and 6 of subsection 33 (1) 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. 140/11, s. 2.

34.  Revoked: O. Reg. 309/10, s. 3.

Reduction of Budgetary Requirements — Persons Detained in Custody

35.  (1)  If a person is detained or residing in a place described in section 9, the budgetary requirements of the person for the month that he or she is first detained and of any subsequent full month that the person is detained shall be reduced for the number of days that the person is detained. O. Reg. 222/98, s. 35 (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; and

(b) the budgetary requirements for shelter of the person may be reduced for the number of days that the person was detained. O. Reg. 222/98, s. 35 (2).

Reduction of Budgetary Requirements — Patient in a Hospital

36.  (1)  Subject to subsection (2), if a member of the benefit unit is a patient in a hospital, the Director may reduce the budgetary requirements for the person who is hospitalized. O. Reg. 222/98, s. 36 (1).

(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. 222/98, s. 36 (2).

Reduction of Budgetary Requirements — Person in Residential Substance Abuse Recovery Program

36.1  (1)  Subject to subsection (2), if a member of the benefit unit resides in a facility for the purpose of participating in a residential substance abuse recovery program, the Director may reduce the budgetary requirements for that member. O. Reg. 167/99, s. 6.

(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. 167/99, s. 6.

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 45.3 for Same Months

36.2  (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 45.3, the budgetary requirements of the recipient shall be reduced, in accordance with subsection (2), in the month in which the retroactive payment is received. O. Reg. 480/07, 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 45.3,

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. 480/07, s. 5; O. Reg. 120/08, s. 1 (1).

(3)  Despite subsection (2), a recipient’s budgetary requirements shall not be reduced under this section to less than $2.50. O. Reg. 120/08, s. 1 (2).

Note: On March 1, 2015, section 36.2 is revoked and the following substituted: (See: O. Reg. 166/14, ss. 5, 9 (3))

Reduction of Budgetary Requirements — Person in Receipt of Ontario Child Benefit and Transition Child Benefit under Section 45.3 for Same Months

36.2  (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 45.3, the budgetary requirements of the recipient shall be reduced in accordance with this section. O. Reg. 166/14, s. 5.

(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 45.3,

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. 166/14, s. 5.

(3)  The budgetary requirements of the recipient shall be reduced over a period of up to three months beginning in the month in which the retroactive payment is received. O. Reg. 166/14, s. 5.

(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. 166/14, s. 5.

(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. 166/14, s. 5.

Calculating Income — General Rule

37.  (1)  Subject to sections 38 to 43, 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. 222/98, s. 37 (1).

(2)  For the purpose 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. 222/98, s. 37 (2).

(3)  A payment to a person made with respect to a number of months shall be applied to those months. O. Reg. 222/98, s. 37 (3).

(4)  Income as determined under subsections (1) to (3) shall be reduced in accordance with subsection (5) if,

(a) income is being determined for a month in which a recipient’s budgetary requirements are reduced in accordance with section 36.2; 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 (3). O. Reg. 120/08, s. 2.

(5)  The amount of the reduction under subsection (4) 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 (3), and

C = budgetary requirements for the month.

O. Reg. 120/08, s. 2.

Treatment of Earnings

38.  (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 the net monthly income as determined by the Director 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 of Ontario Regulation 134/98 (General), made under the Ontario Works Act, 1997 if,

A. the child care expenses are necessary to permit a recipient or a spouse included in the benefit unit to be employed or to permit 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,

v. the employment related expenses attributable to the person’s disability that are necessary to enable the person to be employed, up to a maximum of $300 other than expenses,

A. that are reimbursed or subject to reimbursement, or

B. that relate to accommodating the person under section 17 of the Human Rights Code.

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 per month.

3. The earnings of a 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.

4. The earnings of an 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.

5. 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.

6. If paragraph 5 applies, strike pay up to the amount deemed as income under that paragraph shall not be included as income.

7. 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 or 40 per cent of a full-time course load if the person is in receipt of income support pursuant to subsection 3 (1) of the Act, 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. O. Reg. 222/98, s. 38; O. Reg. 273/98, s. 6; O. Reg. 33/00, s. 11; O. Reg. 291/05, s. 12; O. Reg. 29/06, s. 5; O. Reg. 48/09, s. 2; O. Reg. 121/09, s. 4; O. Reg. 381/10, s. 6; O. Reg. 222/13, s. 7 (1-4).

(2)  For the purposes of this section, earnings does not include benefits or payments under any income replacement scheme or program. O. Reg. 222/13, s. 7 (5).

(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. 222/13, s. 7 (5).

Boarder and Rental Income

39.  (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 Director, 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. 222/98, s. 39 (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 income support in his or her own right; or

(b) the person is a recipient of basic financial assistance under the Ontario Works Act, 1997 in his or her own right. O. Reg. 222/98, s. 39 (2); O. Reg. 33/00, s. 12; O. Reg. 291/05, s. 13.

Sponsored Immigrants

40.  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 Director under the undertaking given with respect to him or her, and

ii. the amount of the budgetary requirements calculated in accordance with section 30 less the applicable amount determined in accordance with the following:

TABLE

Number of Dependants other than a Spouse

Dependants 18 Years or Older

Dependants 13-17 Years

Dependants 0-12 Years

Recipient
See Note 1 below
Amount in dollars

Recipient and Spouse
See Note 2 below
Amount in dollars

Recipient and Spouse
See Note 3 below
Amount in dollars

0

0

0

0

619

905

1,235

1

0

0

1

762

905

1,235

1

0

1

0

763

906

1,236

1

1

0

0

974

1,086

1,416

2

0

0

2

762

905

1,235

2

0

1

1

763

906

1,236

2

0

2

0

764

907

1,237

2

1

0

1

974

1,086

1,416

2

1

1

0

975

1,087

1,417

2

2

0

0

1,156

1,287

1,617

Note 1. A recipient if there is no spouse included in the benefit unit.

Note 2. A recipient with a spouse included in the benefit unit if Note 3 does not apply.

Note 3. A recipient with a spouse included in the benefit unit if each of the recipient and the spouse is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 or 7 of subsection 4 (1).

For each additional dependant, add $202 if the dependant is 18 years of age or older, $1 if the dependant is 13 to 17 years of age or $0 if the dependant is 0 to 12 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 33.2.

2. Revoked: O. Reg. 394/04, s. 7 (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 Director 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 Director 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 31 (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 Director 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. 222/98, s. 40; O. Reg. 581/98, s. 6; O. Reg. 33/00, s. 13; O. Reg. 394/04, s. 7; O. Reg. 416/04, s. 7; O. Reg. 291/05, s. 14; O. Reg. 465/06, s. 7; O. Reg. 267/07, s. 6; O. Reg. 120/08, s. 3; O. Reg. 227/08, s. 5; O. Reg. 363/08, s. 6; O. Reg. 180/09, s. 3; O. Reg. 382/09, s. 6; O. Reg. 381/10, s. 7; O. Reg. 303/11, s. 6; O. Reg. 207/12, s. 6; O. Reg. 406/12, s. 8; O. Reg. 199/13, s. 2; O. Reg. 222/13, s. 8; O. Reg. 49/14, s. 2; O. Reg. 166/14, s. 6.

Exemptions — Payments by Ontario

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

1. Income support under the Act.

2. A payment received under Ontario Regulation 224/98 (Assistance for Children with Severe Disabilities).

3. A payment under Ontario Regulation 223/98 (Employment Supports).

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

4.1 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.

4.2 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.

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

6. Revoked: O. Reg. 523/10, s. 3 (1).

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

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

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

10. Basic financial assistance under the Ontario Works Act, 1997 received in the first month of eligibility for income support.

10.1 A special benefit received under section 58.2 of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997.

11. A payment with respect to employment assistance under Ontario Regulation 134/98 made to or on behalf of a member of the benefit unit.

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

13. Subject to subsections 43 (2) and (5), 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.

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

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

16. An Ontario property and sales tax credit 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.

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

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

19. 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.

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

20. 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.

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

22. An Ontario Trillium Benefit payment received under section 103.3 of the Taxation Act, 2007. O. Reg. 222/98, s. 41; O. Reg. 581/98, s. 7; O. Reg. 167/99, s. 7; O. Reg. 436/01, s. 3; O. Reg. 232/04, s. 1; O. Reg. 394/04, s. 8; O. Reg. 165/07, s. 4 (1); O. Reg. 272/07, s. 1; O. Reg. 121/09, s. 5 (1); O. Reg. 209/10, s. 3; O. Reg. 288/10, s. 2; O. Reg. 381/10, s. 8 (1); O. Reg. 523/10, s. 3; O. Reg. 349/11, s. 6; O. Reg. 190/12, s. 2; O. Reg. 406/12, s. 9.

(2)  The maximum amount of the payment permitted for the purposes of paragraph 19 of subsection (1) is the amount by which the actual cost of shelter, determined in accordance with subsection 31 (1), exceeds the amount payable for shelter under subsection 31 (2). O. Reg. 381/10, s. 8 (2).

Exemptions — Payments by Canada

42.  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 under 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 Director.

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 Director.

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. 222/98, s. 42; O. Reg. 273/98, ss. 7, 11; O. Reg. 167/99, s. 8; O. Reg. 171/99, s. 2; O. Reg. 329/00, s. 4; O. Reg. 172/04, s. 5; O. Reg. 394/04, s. 9; O. Reg. 380/05, s. 1; O. Reg. 260/06, s. 1; O. Reg. 408/06, s. 1; O. Reg. 165/07, s. 5; O. Reg. 190/07, s. 1; O. Reg. 480/07, s. 7; O. Reg. 422/08, s. 2; O. Reg. 121/09, s. 6; O. Reg. 10/14, s. 4.

Other Exemptions

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

1. That portion of a loan, approved by the Director, 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. applied to expenses approved by the Director for disability related items or services,

iv. taken against a life insurance policy if that portion is or will be used for disability related items or services approved by the Director,

v. 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,

vi. 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

C. 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,

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

viii. applied or will be applied to the purchase of an asset exempt under subsection 28 (1), or

ix. 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 Director.

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 an award or grant, other than an award or grant under paragraph 2, or loan, other than a loan under subparagraphs 1 v and vi, that is approved by the Director 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 award, grant 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), (3) and (5), 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 subsections (2) and (5), 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 Director 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 Director, 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 28, 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 27.

7. Subject to subsection (4), a donation received from a religious, charitable or benevolent organization.

8. Interest earned on that portion of the assets that are within the limits prescribed in section 27.

9. Payments from a trust or from a life insurance policy, gifts or other voluntary payments, that are applied to,

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

ii. education or training expenses that are approved by the Director 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.

9.1 Payments, other than payments under paragraph 9, that are made pursuant to a court order or under a government funded program and that are specifically made for a purpose listed in paragraph 9 and are applied to that purpose.

10. Subject to subsection (5), that portion of the interest earned by a trust referred to in paragraph 19 of subsection 28 (1),

i. that is re-invested into the capital of the trust and to which paragraph 19 of subsection 28 (1) continues to apply, or

ii. that is used for a purpose set out in paragraph 9.

11. Subject to subsection (5), that portion of the interest or dividends earned on life insurance policies,

i. that is re-invested in the policy,

ii. that is used to pay the premium, or

iii. that is used for a purpose set out in paragraph 9.

12. Payments approved by the Director received from any agency or governmental source on behalf of a child who is not a member of the benefit unit.

13. Payments in addition to a payment under paragraphs 1 to 12 that are payments from a trust or life insurance policy or gifts or other voluntary payments up to a maximum of $6,000 for any 12-month period.

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

15. The interest earned from and reinvested into the Registered Education Savings Plan referred to in paragraph 26 of subsection 28 (1).

15.1 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 26 of subsection 28 (1).

15.2 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 Director.

15.3 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 Director.

15.4 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 26.1 of subsection 28 (1).

15.5 The interest earned from and reinvested into a registered disability savings plan that is exempt under paragraph 26.1 of subsection 28 (1).

15.6 Payments from a registered disability savings plan that is exempt under paragraph 26.1 of subsection 28 (1).

16. 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.

17. A payment received from the Government of Alberta as compensation for sterilization.

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

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

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

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

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

20. 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 Director approves, will be applied to,

i. the purchase or repair of an asset that, under section 28, is not included as an asset,

ii. the purchase or repair of any other asset that, in the opinion of the Director, 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 27,

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.

21. 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.

22. 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.

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

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

25. 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.

Note: On January 1, 2015, paragraph 25 is amended by striking out “the Ontario Power Authority” and substituting “the Independent Electricity System Operator”. (See: O. Reg. 282/14, ss. 2, 3)

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

27. 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 Director, for the purpose for which they were intended.

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

29. 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 paragraph 1 of subsection 32 (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.

30. 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 31 (1), or

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

31. 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 Director, the payment will be used within a reasonable period and for the purpose for which it was paid.

32. 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 44 (1) for the same trip. O. Reg. 222/98, s. 43 (1); O. Reg. 581/98, s. 8; O. Reg. 167/99, s. 9 (1, 2); O. Reg. 171/99, s. 3; O. Reg. 33/00, s. 14; O. Reg. 329/00, s. 5; O. Reg. 82/01, s. 2; O. Reg. 235/01, s. 2; O. Reg. 172/04, s. 6; O. Reg. 394/04, s. 10 (1-8); O. Reg. 291/05, s. 15; O. Reg. 165/07, s. 6; O. Reg. 422/08, s. 3 (1-3); O. Reg. 121/09, s. 7; O. Reg. 209/10, s. 4 (1, 2); O. Reg. 523/10, s. 4; O. Reg. 349/11, s. 7; O. Reg. 190/12, s. 3; O. Reg. 406/12, s. 10; O. Reg. 9/14, s. 2; O. Reg. 10/14, s. 5; O. Reg. 114/14, s. 2.

(2)  The total amount allowed under paragraph 13 of section 41 and paragraphs 4 and 4.1 of subsection (1) shall not exceed $100,000 unless the Director is satisfied that the amount exceeding $100,000,

(a) is paid with respect to expenses referred to in subparagraph 4 ii of subsection (1) and is used or is to be used for those expenses; or

(b) is used or is to be used for a purpose set out in paragraph 9 of subsection (1). O. Reg. 394/04, s. 10 (9); O. Reg. 262/06, s. 5.

(3)  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. 209/10, s. 4 (3, 4).

(4)  The total amount allowed under paragraph 7 of subsection (1) shall not exceed the difference between $100,000 and the total amount allowed under paragraph 19 of subsection 28 (1). O. Reg. 222/98, s. 43 (4).

(5)  The exemptions from income under paragraph 13 of section 41 and paragraph 4, 4.1, 10 or 11 of subsection (1) apply if the recipient files an annual report in a form approved by the Director documenting all income and expense transactions relating to the assets for the year with respect to which the report is filed. O. Reg. 394/04, s. 10 (11).

(5.1)  The exemption from income under paragraph 15.4 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. 422/08, s. 3 (4).

(6)  If the exemption from assets under paragraph 19 of subsection 28 (1) applies and income from those assets is paid other than monthly and is not otherwise exempt under this section, the income shall be calculated and included as income as if it were paid monthly in equal payments,

(a) over the 12 months next following the month in which the report referred to in subsection (5) is filed; or

(b) over the 12 months commencing in the month in which the payment is made if the report referred to in subsection (5) is not filed. O. Reg. 222/98, s. 43 (6).

Treatment of Canada Child Tax Benefit

43.1  (1)  The Director may pay to Canada on behalf of a person who received income support 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 42 if Canada subsequently determines that the person was not eligible for the payment from Canada and notified the Director of that fact. O. Reg. 273/98, s. 8.

(2)  An amount paid to Canada under subsection (1) shall be deemed to be income support. O. Reg. 273/98, s. 8.

PART VI
BENEFITS

Benefits

44.  (1)  The following benefits shall be paid with respect to each of the members of a recipient’s benefit unit if the Director is satisfied that he or she meets the criteria for them and income support 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. if the cost and the services and items have been approved by the Minister, the cost for members of the benefit unit other than dependent adults for,

A. dental services,

B. vision services, other than a periodic oculo-visual assessment as referred to in paragraph 1.1,

C. hearing services, and

D. items related to vision services and hearing services,

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. for persons resident in a place referred to in paragraph 3 of subsection 32 (2), an amount approved by the Director for dental services, dentures, prosthetic devices including eye glasses, clothing, wheelchairs and wheelchair accessories,

v. 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,

vi. 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 Director, and

vii. 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. 480/07, s. 8 (1).

community start up and maintenance

4. Revoked: O. Reg. 190/12, s. 4 (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.

employment and training start up assistance

6. An amount determined by the Director for expenses approved by the Director and reasonably necessary for the person to begin a new employment or an employment assistance activity, up to a maximum in any 12-month period with respect to any one person of $500, 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,

i. begins or changes employment,

ii. begins an employment assistance activity under the Ontario Works Act, 1997, or

iii. begins any other activity intended to assist the person to become and stay employed that is approved by the Director.

exit from income support for employment

6.1 An amount of $500 to be paid with respect to the month immediately preceding the month in which a recipient ceases to be eligible for income support if,

i. the reason for ceasing to be eligible for income support is that the income of the person’s benefit unit equals or exceeds the benefit unit’s budgetary requirements as determined under this Regulation and the Director is of the opinion that the income of the person’s benefit unit will continue to equal or exceed the benefit unit’s budgetary requirements for at least two months,

ii. the income of the person’s benefit unit includes income from employment, a training program or the operation of a business, and

iii. no amount under this paragraph has been paid to the recipient in the 12 months immediately preceding the month in respect of which the amount is paid.

work-related expenses

6.2 A monthly amount of $100 for work-related expenses for a recipient or a spouse included in the benefit unit, other than a recipient or spouse excluded by subsection (2.1), or for a dependent adult who is not in attendance at secondary school full time or at a post secondary institution in at least 60 per cent of a full-time course load if,

i. he or she earns income from employment or a training program, or

ii. his or her net income from the operation of a business as determined by the Director is a positive amount.

up front child care

7. An amount determined by the Director, 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 38 if,

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

A. begins, changes or maintains employment,

B. begins, changes or maintains an employment assistance activity under the Ontario Works Act, 1997, or

C. begins, changes or maintains any other activity intended to assist the person to become and stay employed that is approved by the Director, and

ii. in the opinion of the Director, 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.

8. Revoked: O. Reg. 124/12, s. 1 (1).

travel and transportation

9. If a person is resident in a long-term care home under the Long-Term Care Homes Act, 2007 which was formerly an approved charitable home for the aged under the Charitable Institutions Act and, in the opinion of the Director, requires financial aid in order to travel in the community, an amount not exceeding $30.

second residence

10. If a person is a person with a disability or a person referred to in subparagraph i of paragraph 1 of subsection 4 (1) or paragraph 6 or 7 of subsection 4 (1) and the person, while maintaining his or her normal place of residence, is required to temporarily change that residence in order to undergo training in a program that, in the opinion of the Director, will enhance the person’s prospects for obtaining employment, an amount determined by the Director not to exceed the lesser of,

i. an amount equal to those costs of maintaining the normal place of residence during the training that are not otherwise reimbursed or subject to reimbursement, and

ii. $455. O. Reg. 222/98, s. 44 (1); O. Reg. 581/98, s. 9; O. Reg. 167/99, s. 10; O. Reg. 239/99, s. 1 (1); O. Reg. 33/00, s. 15; O. Reg. 490/01, s. 1; O. Reg. 394/04, s. 11 (1-4); O. Reg. 135/05, s. 1 (1, 2); O. Reg. 291/05, s. 16; O. Reg. 29/06, s. 6; O. Reg. 262/06, s. 6; O. Reg. 330/06, s. 1 (1); O. Reg. 465/06, s. 8; O. Reg. 267/07, s. 7 (1, 2); O. Reg. 480/07, s. 8 (1); O. Reg. 363/08, s. 7; O. Reg. 48/09, s. 3; O. Reg. 382/09, s. 7; O. Reg. 111/10, s. 2; O. Reg. 381/10, s. 9; O. Reg. 303/11, s. 7; O. Reg. 349/11, s. 8; O. Reg. 124/12, s. 1 (1); O. Reg. 207/12, s. 7; O. Reg. 406/12, s. 11; O. Reg. 222/13, s. 9 (1, 2); O. Reg. 166/14, s. 7.

(1.0.0.0.1)  No benefits referred to in subsection (1) shall be paid with respect to an amount of income support payable as a result of a new determination of the effective date of eligibility for income support under subsection 17 (2). O. Reg. 411/06, s. 3.

(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. 135/05, s. 1 (3).

(1.0.1)  Revoked: O. Reg. 480/07, s. 8 (2).

(1.1)  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. 190/12, s. 4 (2).

(2)  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 55 (1) of Ontario Regulation 134/98 made under the Ontario Works Act, 1997 within the applicable 12-month period. O. Reg. 222/98, s. 44 (2).

(2.1)  A recipient or a spouse included in a benefit unit in one of the following categories is excluded from a benefit under paragraph 6.2 of subsection (1):

1. A recipient or spouse who is attending secondary school full time.

2. A recipient or spouse who is attending at a post secondary institution in at least,

i. 60 per cent of a full-time course load, or

ii. 40 per cent of a full-time course load where the person is in receipt of income support pursuant to subsection 3 (1) of the Act. O. Reg. 222/13, s. 9 (3); O. Reg. 222/13, s. 9 (4).

(2.2)-(2.4)  Revoked: O. Reg. 222/13, s. 9 (5).

(3)  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 55 (1) of Ontario Regulation 134/98 made under the Ontario Works Act, 1997 within the applicable 12-month period. O. Reg. 222/98, s. 44 (3).

(4)  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 38. O. Reg. 222/98, s. 44 (4).

(5)  A payment under paragraph 8 of subsection (1), as the paragraph read on June 30, 2012, shall not exceed the proportion of the total cost of repairs that represents the person’s proportionate interest in the property. O.  Reg. 124/12, s. 1 (2).

(5.1)  Despite the revocation of paragraph 8 of subsection (1), the following rules apply, in respect of the paragraph as it read on June 30, 2012:

1. Applications for payment under the paragraph may be made up to and including June 30, 2012.

2. Payments under the paragraph, in respect of applications received up to and including June 30, 2012 and that satisfy the Director in accordance with the paragraph, may be made up to and including December 31, 2012. O.  Reg. 124/12, s. 1 (2).

(5.2)  Despite paragraph 2 of subsection (5.1) and the revocation of paragraph 8 of subsection (1), payments may be made under the paragraph as it read on June 30, 2012 after December 31, 2012 if the Director is satisfied that any of the following circumstances apply:

1. Contractual disputes between the recipient and the contractor or the person doing the work prevent completion of the home repairs before December, 31, 2012.

2. There are unforeseen circumstances, where an independent expert who is approved or contracted by the Director confirms that because of the circumstances the repair cannot be completed before December 31, 2012.

3. The home repairs could not be completed before December 31, 2012 because of the condition of the recipient’s or a member of the benefit unit’s health. O. Reg. 124/12, s. 1 (2).

(6)  If, as a result of the actions of a dependent adult, a recipient’s income support is reduced under section 24 for a period determined under subsection 24 (2), the benefit set out in subparagraph 1 i of subsection (1) shall be paid with respect to the dependent adult during that period, if the Director is satisfied that the dependent adult 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. 394/04, s. 11 (7).

(7)  The condition in subsection (1) that income support must be paid on behalf of a member of a benefit unit in order for the member to be eligible for a benefit set out in a paragraph or subparagraph of subsection (1) is not satisfied if the only income support being paid on behalf of the member is one or more benefits set out in another paragraph or subparagraph of subsection (1). O. Reg. 394/04, s. 11 (7).

(8)  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. 135/05, s. 1 (4).

Extended Health Benefits

45.  (1)  In accordance with section 49.1 of the Act, the health benefits set out in subsection (1.1) shall be provided to former recipients and their dependants who meet the criteria set out in subsection (1.1). O. Reg. 121/09, s. 8.

(1.1)  If a former recipient is not eligible for income support for a month because the income of the former recipient’s benefit unit, as determined under this Regulation, is equal to or exceeds the benefit unit’s budgetary requirements, as determined under this Regulation, the health benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1) shall be paid with respect to each member of the former recipient’s benefit unit if,

(a) for purposes of initially determining eligibility for health benefits under this section, it is determined that the former recipient was a recipient in the month immediately before being eligible;

(b) the former recipient is otherwise eligible for income support;

(c) the Director is satisfied that the member of the former recipient’s benefit unit meets the criteria for the health 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 health benefits under subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1). O. Reg. 121/09, s. 8.

(1.2)  Subsection (1.3) applies to any person who began receiving health benefits under subsection (1), as that subsection read immediately before March 27, 2009, but who, at the time he or she began receiving the health benefits, did not meet the criterion for health benefits set out in clause (1.1) (a). O. Reg. 121/09, s. 8.

(1.3)  A person described in subsection (1.2) may continue to receive health benefits on and after March 27, 2009 in accordance with subsection (1.1) until such time as the person ceases to meet any of the criteria set out in clauses (1.1) (b), (c) and (d). O. Reg. 121/09, s. 8.

(2)  A person who on May 31, 1998 was a recipient under subsection 15 (4) of Regulation 366 of the Revised Regulations of Ontario, 1990 made under the Family Benefits Act is eligible for the benefits set out in subparagraphs 1 i, ii, iii, iii.1 and v and paragraph 1.1 of subsection 44 (1) for any month in which the person has income that includes income from a disability benefit under the Canada Pension Plan or the Quebec Pension Plan if that disability benefit results in the income exceeding his or her budgetary requirements and the person is otherwise eligible for income support. O. Reg. 135/05, s. 2 (2).

(3)  A person is eligible for the benefits set out in paragraphs 1 and 1.1 of subsection 44 (1) for a month, even though the income of the person’s benefit unit for that month, as determined under this Regulation, exceeds the benefit unit’s budgetary requirements for that month, as determined under this Regulation, if,

(a) the excess results from the receipt by a member of the benefit unit of 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;

(b) the person is otherwise eligible for income support for that month; and

(c) on April 1, 1999, the person was,

(i) a member of a benefit unit under the Act,

(ii) a member of a benefit unit under the Ontario Works Act, 1997, or

(iii) a recipient or beneficiary under the Family Benefits Act. O. Reg. 329/00, s. 6; O. Reg. 394/04, s. 12; O. Reg. 135/05, s. 2 (3).

45.1  Revoked: O. Reg. 382/09, s. 8.

Discretionary Benefit

45.2  The Director may pay a benefit to a recipient in an amount determined by the Director, in order to assist the recipient in paying for low-cost energy-conservation measures to the recipient’s principal residence that have been approved in advance by the Director. O. Reg. 394/04, s. 13.

Transition Child Benefit

45.3  (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. 166/14, ss. 8, 9 (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. 166/14, ss. 8, 9 (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” at the end and substituting “section 104 of the Taxation Act, 2007”. (See: O. Reg. 166/14, ss. 8, 9 (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. 120/08, s. 4.

(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 $206 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 = ($206 × 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

Note: On March 1, 2015, item “C” 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. 166/14, ss. 8, 9 (3))

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. 120/08, s. 4; O. Reg. 180/09, s. 4; O. Reg. 199/13, s. 3; O. Reg. 49/14, s. 3.

(3)  A recipient whose budgetary requirements are determined under subsection 33.1 (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. 120/08, s. 4.

(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. 140/11, s. 3 (1).

(5)  Revoked: O. Reg. 140/11, 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. 227/08, s. 6.

PART VII
GENERAL

Verification of Disability

46.  (1)  For the purpose of subsection 4 (1) of the Act, the following persons may verify that a person has a physical or mental impairment and its likely duration:

1. A member of the College of Physicians and Surgeons of Ontario.

2. A member of the College of Psychologists of Ontario.

3. A member of the College of Optometrists of Ontario.

4. A member of the College of Nurses of Ontario who is a registered nurse and who holds an extended certificate of registration in accordance with the regulations made under the Nursing Act, 1991. O. Reg. 222/98, s. 46 (1); O. Reg. 581/98, s. 10 (1); O. Reg. 490/01, s. 3 (1); O. Reg. 394/04, s. 14 (1).

(2)  For the purpose of subsection 4 (1) of the Act, the following persons may verify whether the direct and cumulative effect of an impairment on a person’s ability to attend to his or her personal care, function in the community and function in a workplace results in a restriction in one or more of these activities of daily living:

1. The persons listed in subsection (1).

2. A member of the College of Occupational Therapists of Ontario.

3. A member of the College of Physiotherapists of Ontario.

4. A member of the Ontario College of Social Workers and Social Service Workers who is a registered social worker in accordance with Ontario Regulation 383/00 (Registration) made under the Social Work and Social Service Work Act, 1998.

5. A member of the College of Chiropractors of Ontario.

6. A member of the College of Audiologists and Speech-Language Pathologists of Ontario.

7. A registered nurse who is a member of the College of Nurses of Ontario. O. Reg. 222/98, s. 46 (2); O. Reg. 581/98, s. 10 (2); O. Reg. 490/01, s. 3 (2); O. Reg. 394/04, s. 14 (2-5).

Disability Adjudication Unit

47.  A disability adjudication unit shall include persons appointed under subsection 4 (2) of the Act to make determinations with respect to persons with a disability and shall do the following:

1. Request and receive information relating to the disability of an applicant or recipient or a spouse included in a benefit unit.

2. Seek additional information with respect to the disability of a person referred to in paragraph 1.

3. Provide payment in an amount approved by the Director for the completion of necessary forms regarding the determination of disability.

4. If a person is determined to be a person with a disability, determine if a further medical review is required and, if so, fix a date for that further review and hold that further review.

5. Conduct an internal review of a decision with respect to a disability, if requested.

6. If required, attend on behalf of the Director on an appeal to the Tribunal of a decision regarding a disability.

7. Review new evidence relating to a person’s status as a person with a disability before the information is received by the Tribunal on an appeal. O. Reg. 222/98, s. 47; O. Reg. 33/00, s. 16; O. Reg. 291/05, s. 17.

Authorized Prescriptions

48.  For the purpose of clause 5 (2) (b) of the Act, a drug or another chemically active substance is authorized by prescription if it would have been approved or prescribed for a person by a physician with full knowledge of all other substances that have been prescribed for that person. O. Reg. 222/98, s. 48.

Persons Acting for a Recipient

49.  (1)  If one of the following bodies is appointed by the Director to act for a recipient under section 12 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 Ministry to act on behalf of persons. O. Reg. 222/98, s. 49 (1).

(2)  The compensation for expenses under subsection (1) shall not be recovered from the amount of income support payable to a recipient. O. Reg. 222/98, s. 49 (2).

(3)  A person appointed to act for a recipient shall file an annual report with the Director accounting for the use of the income support received on behalf of a person and shall provide such supplementary information, monthly or otherwise, including receipts, as is requested by the Director. O. Reg. 222/98, s. 49 (3).

(4)  The Director shall, if feasible, obtain the consent of a recipient to an appointment under section 12 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. 222/98, s. 49 (4).

(5)  If the Director appoints a person to act for a recipient, the Director shall periodically inquire into the need to continue the appointment and may revoke the appointment as a result of the review. O. Reg. 222/98, s. 49 (5).

(6)  If the Director has paid income support for a benefit unit to a person appointed under this section, the Director may pay an additional amount not to exceed one month’s income support if the Director is satisfied that,

(a) the person appointed under this section 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. 222/98, s. 49 (6).

Payment to Third Party

50.  (1)  The Director shall not pay a part of a recipient’s income support directly to a third party under section 13 of the Act unless the Director 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. 222/98, s. 50 (1); O. Reg. 581/98, s. 11.

(2)  The Director may pay a part of a recipient’s income support into court or to a neutral third party pending resolution of a dispute if,

(a) the recipient asks the Director to do so; and

(b) the Director is satisfied that there is a reasonable dispute regarding the obligation to pay to which subsection (1) applies. O. Reg. 222/98, s. 50 (2).

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

51.  (1)  For the purposes of subsections 15 (2) and 18 (3) of the Act, the prescribed amount is,

(a) 10 per cent of budgetary requirements; and

(b) 100 per cent of any arrears of income support, including arrears of income support payable under section 29.1, or any arrears of assistance under the Ontario Works Act, 1997 payable to the recipient. O. Reg. 167/99, s. 11; O. Reg. 262/06, s. 7; O. Reg. 411/06, s. 4.

(2)  For the purpose of subsection 18 (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. 222/98, s. 51 (2).

(3)  If a recipient of income support ceased to be eligible because of an increase in the value of assets, the amount recoverable under section 14 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 while the person was ineligible; and

(b) the maximum value of assets permitted under section 27. O. Reg. 222/98, s. 51 (3).

Minimum Income Support Payable

52.  If the amount of any payment of income support is determined to be less than $2.50, the amount shall be $2.50. O. Reg. 222/98, s. 52.

Time and Manner of Payment of Income Support

53.  (1)  Income support shall be paid for a recipient on the last day of the month with respect to which it is paid. O. Reg. 222/98, s. 53 (1).

(2)  Income support 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 in accordance with a decision of the Tribunal or the court. O. Reg. 222/98, s. 53 (2).

(3)  The Director may direct that income support for a recipient continue to be paid for up to three calendar months following the month in which the recipient ceases to be eligible for income support or dies if the recipient has dependants included in the benefit unit at that time. O. Reg. 222/98, s. 53 (3).

Eligibility Review Officers

54.  (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 46 (2) of the Ontario Disability Support Program 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. 222/98, s. 54 (1).

(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. 222/98, s. 54 (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. 222/98, s. 54 (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. 222/98, s. 54 (4).

(5)  If an officer makes a demand, the person having custody of the things shall produce them to the officer. O. Reg. 222/98, s. 54 (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. 222/98, s. 54 (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. 222/98, s. 54 (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. 222/98, s. 54 (8).

(9)  An officer may call upon an expert for whatever assistance he or she considers necessary in carrying out an investigation. O. Reg. 222/98, s. 54 (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. 222/98, s. 54 (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. 222/98, s. 54 (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. 222/98, s. 54 (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 46 (2) of the Act. O. Reg. 222/98, s. 54 (13).

Family Support Workers

54.1  (1)  For the purposes of the Act and the regulations, a family support worker may,

(a) enter into an agreement on behalf of the Director 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 support paid for the benefit of that member from that person;

(b) assist a member of the benefit unit or the Director 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 Director;

(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 Director, 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 Director 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 53 or 54 of the Act. O. Reg. 273/98, s. 9; O. Reg. 581/98, s. 12.

(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. 273/98, s. 9.

(3)  Nothing in subsection (1) or (2) authorizes a family support worker to provide legal advice to any person. O. Reg. 273/98, s. 9.

Discharging a Lien

55.  (1)  This section applies if,

(a) before the day this section came into force,

(i) the Director, as a condition of eligibility for income support, required a person who owned or had an interest in land in Ontario and to whom section 7 of the Act applied to consent to the Ministry having a lien against the land,

(ii) the person consented to the Ministry having a lien against the land, and

(iii) the Director 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. 394/04, s. 15.

(2)  At the request of a person with an interest in the land against which the notice of lien is registered, the Director 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. 394/04, s. 15.

(3)  The Director 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. 394/04, s. 15.

(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. 394/04, s. 15.

PART VIII
REVIEWS AND APPEALS

Notice of Decision

56.  (1)  A notice under section 19 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. 406/12, s. 12.

(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. 222/98, s. 56 (2).

Decisions that Cannot be Appealed

57.  For the purpose of paragraph 5 of subsection 21 (2) of the Act, the following are prescribed decisions:

1. A decision of the Director not to extend the time as set out in subsection 58 (3).

2. A decision to refuse, suspend or cancel income support or to reduce income support on the death of a member of the benefit unit.

3. A determination under subsection 16 (5) that an application is deemed to have been withdrawn.

4. A decision under subsection 5 (1) to set a review date.

5. Subject to paragraph 6, a decision of the Director that the effective date of an applicant’s eligibility for income support is on or before the day on which the application is completed.

6. If an applicant is a recipient of basic financial assistance under the Ontario Works Act, 1997, a decision of the Director that the effective date of an applicant’s eligibility for income support is on or before the first day of the month following the month in which the application is complete.

7. A new determination of the effective date of eligibility for income support under subsection 17 (2).

8. A determination of an amount of income support payable under section 29.1.

9. A decision of the Director to apply any amount of income support payable to a recipient as a result of a new determination of the effective date of eligibility under subsection 17 (2) against any overpayment of income support incurred under the Act or any overpayment recoverable from a recipient or the recipient’s spouse under subsection 14 (3) of the Act. O. Reg. 222/98, s. 57; O. Reg. 231/06, s. 3; O. Reg. 411/06, s. 5.

Request for Internal Review

58.  (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 50 of the Act. O. Reg. 222/98, s. 58 (1); O. Reg. 48/09, s. 4.

(2)  A request for an internal review shall be in writing. O. Reg. 222/98, s. 58 (2).

(3)  The Director may hold an internal review even if it was not requested within the prescribed time if the Director 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. 222/98, s. 58 (3).

(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. 222/98, s. 58 (4).

Time and Manner of Conducting Internal Review

59.  (1)  The prescribed time for completing an internal review is 30 days from the day the Director receives the request for internal review. O. Reg. 222/98, s. 59 (1); O. Reg. 222/13, s. 10.

(2)  The person who made a decision shall not conduct the internal review of that decision. O. Reg. 222/98, s. 59 (2).

(3)  A report described in paragraph 5 of subsection 14 (2) that was not provided to the Director before his or her decision was made shall be considered on the internal review of the decision, if the report relates to the applicant’s or recipient’s condition at the effective date of the Director’s decision. O. Reg. 394/04, s. 16.

Decision on Internal Review

60.  (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. 406/12, s. 13.

(2)  The decision made on an internal review shall include,

(a) the Director’s original decision;

(b) a statement of whether the Director’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. 222/98, s. 60 (2).

Time and Manner of Commencing Appeal to Tribunal

61.  (1)  For the purpose of subsection 23 (1) of the Act, the prescribed time for appealing a decision of the Director is 30 days from the day the Director’s decision is final under clause 20 (3) (b) of the Act. O. Reg. 222/98, s. 61 (1).

(2)  No appeal to the Tribunal shall be commenced more than one year after the date of the Director’s decision. O. Reg. 222/98, s. 61 (2).

(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. 222/98, s. 61 (3).

Notification of Appeal and Written Submissions

62.  (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. 222/98, s. 62 (1).

(2)  If the Director intends to file a written submission, it shall be filed with the Tribunal within 30 days after the Director receives a copy of the notice of appeal. O. Reg. 222/98, s. 62 (2).

(3)  A copy of the Director’s written submission, if any, shall be provided to the appellant and any other party. O. Reg. 222/98, s. 62 (3).

(4)  This section and sections 63 to 69 do not apply with respect to an appeal if the Tribunal determines the appeal to be frivolous or vexatious under section 28 of the Act. O. Reg. 222/98, s. 62 (4).

Notice of Hearing

63.  (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. 222/98, s. 63 (1).

(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. 222/98, s. 63 (2).

(3)  The Tribunal shall give the parties at least 30 days notice of the hearing. O. Reg. 222/98, s. 63 (3).

New Medical Evidence

64.  (1)  On an appeal to the Tribunal from a decision that a person is not a person with a disability, a report described in paragraph 5 of subsection 14 (2) that was not provided to the Director before the decision was made shall be considered by the Tribunal if,

(a) it relates to the appellant’s condition at the effective date of the Director’s decision; and

(b) it is submitted to the Tribunal and the Director for a review by the Disability Adjudication Unit at least 30 days before the date of the hearing. O. Reg. 222/98, s. 64 (1); O. Reg. 394/04, s. 17.

(2)  Subsection (1) applies with necessary modifications with respect to the material provided for a review under section 5 as if the review were an application. O. Reg. 222/98, s. 64 (2).

(3)  The Tribunal shall not adjourn a hearing date in order to permit an appellant to obtain further reports described in paragraph 5 of subsection 14 (2). O. Reg. 222/98, s. 64 (3).

Conduct of Oral Hearing of Tribunal

65.  (1)  The appellant shall present his or her case first on an oral hearing of an appeal before the Tribunal unless the Director agrees otherwise. O. Reg. 222/98, s. 65 (1).

(2)  Unless the parties agree otherwise, a party who intends to produce written or documentary evidence or written submissions, other than reports referred to in subsections 64 (1) and (2), 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 Director and any other parties, at least 10 days before the hearing. O. Reg. 222/98, s. 65 (2); O. Reg. 394/04, s. 18 (1).

(3)  If a party does not produce evidence or submissions in accordance with subsection 62 (2), clause 64 (1) (b) or subsection (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. 222/98, s. 65 (3); O. Reg. 581/98, s. 13; O. Reg. 394/04, s. 18 (2).

(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. 222/98, s. 65 (4).

Interim Assistance

66.  For the purpose of subsection 25 (1) of the Act, interim assistance shall not exceed the maximum amount of income support permitted under the Act. O. Reg. 222/98, s. 66.

Decision of Tribunal

67.  (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. 222/98, s. 67 (1).

(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. 222/98, s. 67 (2).

(3)  The Tribunal’s decision shall include the principal findings of fact and its conclusions based on those findings. O. Reg. 222/98, s. 67 (3).

(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 27 of the Act. O. Reg. 222/98, s. 67 (4).

Reconsideration by Tribunal

68.  (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. 222/98, s. 68 (1).

(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. 222/98, s. 68 (2).

(3)  No request for a reconsideration may be made more than one year after the decision. O. Reg. 222/98, s. 68 (3).

(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. 222/98, s. 68 (4).

(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. 222/98, s. 68 (5).

(6)  Sections 63 to 67 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 65 (2) in accordance with clause 65 (2) (a); and

(b) the other parties shall deliver the material set out in subsection 65 (2) in accordance with clause 65 (2) (b). O. Reg. 222/98, s. 68 (6).

Subsequent Appeal on Same Issue

69.  For the purpose of subsection 29 (2) of the Act, the prescribed period is a period of two years after the date of the Director’s decision. O. Reg. 222/98, s. 69.

Appeal to Divisional Court

70.  (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. 222/98, s. 70 (1).

(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. 222/98, s. 70 (2).

(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. 222/98, s. 70 (3).

Record for Court

71.  (1)  For the purpose of subsection 31 (2) of the Act, the prescribed documents are,

(a) the notice of appeal;

(b) the original decision of the Director;

(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 65 (4), otherwise; and

(h) any documents with respect to a request to the Tribunal for a reconsideration or with respect to a reconsideration hearing. O. Reg. 222/98, s. 71 (1).

(2)  For the purpose of subsection 31 (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. 222/98, s. 71 (2).

PART IX
TRANSITION

72.  (1)  In this section,

“change in eligibility”, with respect to a recipient, means a change with respect to the recipient’s eligibility for income support, the conditions of the recipient’s continuing eligibility for income support or the amount of income support that the recipient is to receive, if that change results from amendments made to this Regulation by Ontario Regulation 33/00. O. Reg. 33/00, s. 18.

(2)  The Director shall,

(a) review and update the information recorded with respect to each recipient affected by the change in eligibility; and

(b) make the determination required for the change in eligibility to take effect. O. Reg. 33/00, s. 18.

(3)  A change in eligibility shall take effect with respect to a recipient on the day the Director makes the determination mentioned in clause (2) (b) with respect to that recipient. O. Reg. 33/00, s. 18.

73.  (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 income support that the recipient is to receive, if that change results from amendments made to this Regulation by Ontario Regulation 379/05. O. Reg. 379/05, s. 2.

(2)  The Director shall,

(a) review and update the information recorded with respect to each recipient who receives income support 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. 379/05, s. 2.

(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 the Director makes the determination mentioned in clause (2) (b) with respect to that recipient. O. Reg. 379/05, s. 2.

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