O. Reg. 327/00: GENERAL
filed June 9, 2000 under Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A
Skip to contentONTARIO REGULATION 327/00
made under the
Ontario Works Act, 1997
Made: June 7, 2000
Filed: June 9, 2000
Amending O. Reg. 134/98
(General)
Note: Since the end of 1998, Ontario Regulation 134/98 has been amended by Ontario Regulations 165/99, 170/99, 238/99, 32/00, 46/00, 48/00 and 326/00. Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.
1. Ontario Regulation 134/98 is amended by adding the following sections:
Two–Stage Application for Basic Financial Assistance
definitions
20.1 In sections 20.2 to 20.7,
“approved delivery agent” means a delivery agent that has been approved by the Director under subsection 20.2 (3); (“agent de prestation des services agréé”)
“designated conditions of eligibility” means those conditions of eligibility in the Act or this Regulation that are designated by the Director under subsection 20.2 (1); (“conditions d’admissibilité désignées”)
“first stage” means the first stage of an application for basic financial assistance described in clause 20.2 (4) (a); (“première étape”)
“objection” means an objection to the conclusion of the administrator referred to in subsection 20.5 (1); (“opposition”)
“second stage” means the second stage of an application for basic financial assistance described in clause 20.2 (4) (b). (“deuxième étape”)
two–stage application
20.2 (1) The Director may designate conditions of eligibility in the Act or this Regulation for the purposes of the first stage.
(2) A list of the designated conditions of eligibility shall be made available to the public at the Ministry of Community and Social Services and at the offices of approved delivery agents.
(3) The Director may approve delivery agents for the purposes of the two–stage application process for basic financial assistance.
(4) The administrator for an approved delivery agent may allow an applicant to proceed with a two–stage application for basic financial assistance,
(a) the first stage of which consists of a preliminary assessment by the administrator of the applicant’s eligibility for basic financial assistance based on the completion of the part of the application form relating to the designated conditions of eligibility; and
(b) the second stage of which consists of a full determination by the administrator of the applicant’s eligibility for basic financial assistance based on the completion of the whole application.
first stage
20.3 (1) Section 17 and subsection 20 (4), but only to the extent that the subsection relates to the making of an application, apply with necessary modifications to the first stage.
(2) During the first stage, the administrator shall request an oral consent to disclose and verify information from the applicant, his or her spouse or same–sex partner included in the benefit unit and any other dependent adult included in the benefit unit, and if an oral consent is not given, the absence of that consent is not itself a sufficient reason for the administrator not to proceed with the first stage.
20.4 (1) After the first stage is completed, the administrator shall conclude that,
(a) the applicant is not eligible for basic financial assistance if the applicant does not meet one or more of the designated conditions of eligibility; or
(b) the conclusion described in clause (a) should not be reached.
(2) The one or more designated conditions of eligibility that the applicant does not meet shall be set out in the conclusion described in clause (1) (a).
(3) Subject to subsection (7) and clause 20.7 (2) (a), a conclusion of the administrator under subsection (1) is not a decision of the administrator for the purposes of the Act or the regulations.
(4) If the administrator reaches the conclusion described in clause (1) (b), the administrator shall schedule an appointment for an interview with the applicant for the purpose of completing the second stage.
(5) If the administrator reaches the conclusion described in clause (1) (a), the administrator shall,
(a) immediately give the applicant oral notice of the conclusion; and
(b) in accordance with subsection (6), give the applicant, together with a copy of the part of the application form that was completed during the first stage, written notice that,
(i) sets out the conclusion,
(ii) informs the applicant that the conclusion may not be appealed but a decision that results from an objection to the conclusion may be appealed,
(iii) informs the applicant that he or she may object to the conclusion orally or in writing to the office that issued the applicant the notice of the conclusion,
(iv) informs the applicant of the time within which an objection must be made,
(v) informs the applicant that if the applicant objects to the conclusion, the administrator shall schedule an appointment for an interview with the applicant for the purpose of completing the second stage and that the interview shall include an information session, and
(vi) informs the applicant that a written objection is also a request for an internal review of the decision after the second stage is completed if that decision is a decision described in clause 20.7 (2) (a).
(6) The written notice referred to in clause (5) (b) shall be given by delivering it to the applicant personally or sending it by ordinary mail to the applicant’s last known address and it shall be accompanied by the copy of the part of the application form that was completed during the first stage.
(7) A conclusion of the administrator under clause (1) (a) becomes a decision of the administrator that may not be appealed and that is final,
(a) if the applicant does not make an objection before the time for making an objection expires, when the time for making an objection expires;
(b) if the applicant does not make a written objection following an oral objection and as a result the oral objection is deemed not to have been made under clause 20.5 (6) (a), when the information session is scheduled to begin;
(c) if the applicant withdraws an objection and as a result the objection is deemed not to have been made under clause 20.5 (6) (b), when the objection is withdrawn; or
(d) if the applicant does not attend an appointment for his or her second stage interview, when the appointment is scheduled to begin.
objection to administrator’s conclusion
20.5 (1) An applicant may object to the conclusion of the administrator under clause 20.4 (1) (a) orally or in writing to the office that issued the applicant the notice of the conclusion under subsection 20.4 (5).
(2) An applicant shall not make an objection before the written notice referred to in clause 20.4 (5) (b),
(a) is received by the applicant, if the notice was delivered personally; or
(b) is received by the applicant or is deemed to have been received by the applicant under section 68 of the Act, whichever first occurs, if the notice was sent by ordinary mail.
(3) The time within which an applicant must make an objection is 10 days from the day the written notice referred to in clause 20.4 (5) (b),
(a) is received by the applicant, if the notice was delivered personally; or
(b) is deemed to have been received by the applicant under section 68 of the Act, if the notice was sent by ordinary mail.
(4) If an objection is made orally, it must be followed by a written objection at the second stage interview before the information session is scheduled to begin, and the written objection shall be deemed to have been made when the oral objection was made.
(5) Despite subsection (1), the written objection referred to in subsection (4) must be made to the administrator conducting the second stage interview of the applicant.
(6) An objection that is made before the time for making an objection expires shall be deemed not to have been made if,
(a) the objection is made orally and is not followed by a written objection at the second stage interview before the information session is scheduled to begin; or
(b) the objection is withdrawn.
(7) If an applicant makes an objection within the time set out in subsection (3), the administrator shall schedule an appointment for an interview with the applicant for the purpose of completing the second stage and shall inform the applicant,
(a) of the time and place of and the documents required for the interview;
(b) that the interview is for the purpose of completing the second stage and shall include an information session;
(c) that if the applicant made an oral objection, it must be followed by a written objection at the interview before the information session is scheduled to begin;
(d) that if after the second stage is completed, the decision of the administrator is the decision described in clause 20.7 (2) (a), an internal review of that decision may immediately follow the interview; and
(e) of the documents required for an internal review referred to in clause (d).
second stage
20.6 (1) Sections 17 to 20 apply with necessary modifications to the second stage.
(2) The second stage interview may be divided into more than one appointment and shall include an information session.
(3) The person who reached a conclusion in respect of an applicant under clause 20.4 (1) (a) shall not conduct the second stage interview of that applicant that is held as a result of an objection to that conclusion.
(4) During the second stage, the administrator shall reconsider the part of the application form that was completed during the first stage and may require the applicant to provide additional information with respect to that part.
20.7 (1) The administrator shall make a decision respecting the applicant’s eligibility for basic financial assistance after the second stage is completed.
(2) Despite subsection (1), if the second stage is completed as a result of an objection and the administrator is satisfied that the only conditions of eligibility that the applicant does not meet are each of the designated conditions of eligibility set out in the conclusion under clause 20.4 (1) (a),
(a) the conclusion under clause 20.4 (1) (a) becomes the decision of the administrator respecting the applicant’s eligibility for basic financial assistance;
(b) the applicant’s written objection shall be deemed to be a request for an internal review of the decision referred to in clause (a) and
the request shall be deemed to have been made immediately following the decision referred to in clause (a); and
(c) despite subsection 70 (2), the internal review of the decision referred to in clause (a) may be conducted by the person who made that decision.
2. This Regulation comes into force on June 26, 2000.