O. Reg. 479/01: GENERAL
filed December 14, 2001 under Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A
Skip to contentontario regulation 479/01
made under the
ontario works act, 1997
Made: December 12, 2001
Filed: December 14, 2001
Printed in The Ontario Gazette: December 29, 2001
Amending O. Reg. 134/98
(General)
Note: Since the end of 2000, Ontario Regulation 134/98 has been amended by Ontario Regulations 236/01, 314/01 and 438/01. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.
1. Section 2 of Ontario Regulation 134/98 is amended by adding the following subsection:
(5) In this Regulation,
(a) a program for the assessment of substance addiction may include chemical testing and other evaluative measures; and
(b) a program for the treatment of substance addiction may include individual, group and family counselling, motivational interviewing, psychotherapy, chemical testing, peer support, social skills training, relapse prevention, crisis intervention and management services, and other therapeutic and preventive measures.
2. Clause 7 (2) (d) of the Regulation is amended by striking out “residential substance abuse recovery program” and substituting “residential program for the treatment of substance addiction”.
3. Paragraph 8 of section 26 of the Regulation is revoked and the following substituted:
8. A screening test for substance addiction approved by the Director.
8.1 A program for the assessment of substance addiction, the treatment of substance addiction, or both.
4. Section 26.1 of the Regulation is amended by adding the following subsection:
(2) The Director may approve delivery agents in respect of the employment assistance activities referred to in paragraphs 8 and 8.1 of section 26, for the purposes of section 29.
5. (1) Subsection 29 (1.2) of the Regulation is revoked and the following substituted:
(1.2) Despite subsections (1) and (1.1),
(a) participation in an employment assistance activity referred to in paragraph 2.1 or 2.2 of section 26 may be required only by an administrator for a delivery agent that has been approved by the Director under subsection 26.1 (1); and
(b) participation in an employment assistance activity referred to in paragraph 8 or 8.1 of section 26 may be required only by an administrator for a delivery agent that has been approved by the Director under subsection 26.1 (2).
(2) Section 29 of the Regulation is amended by adding the following subsections:
(1.4) Despite subsection (1), an administrator shall not require a person to participate in a screening test for substance addiction approved by the Director unless the administrator has reasonable grounds to suspect that the person repeatedly uses a substance to the extent that the use may impair his or her ability,
(a) to participate successfully in another employment assistance activity; or
(b) to accept or maintain employment for which he or she is otherwise physically capable.
(1.5) Despite subsection (1), an administrator shall not require a person to participate in a program for the assessment of substance addiction unless the administrator has reasonable grounds to suspect that the person repeatedly uses a substance to the extent that,
(a) he or she is periodically or chronically intoxicated;
(b) he or she has an overwhelming need to use the substance;
(c) the use results in substantial physical, psychological, economic or social harm to him or her;
(d) he or she has difficulty in voluntarily ceasing or modifying his or her use of the substance despite the harm that results from it; and
(e) the use may impair his or her ability,
(i) to participate successfully in another employment assistance activity, or
(ii) to accept or maintain employment for which he or she is otherwise physically capable.
(1.6) Despite subsection (1), an administrator shall not require a person to participate in a program for the treatment of substance addiction unless the administrator is satisfied that,
(a) the person repeatedly uses a substance to the extent that,
(i) he or she is periodically or chronically intoxicated,
(ii) he or she has an overwhelming need to use the substance,
(iii) the use results in substantial physical, psychological, economic or social harm to him or her,
(iv) he or she has difficulty in voluntarily ceasing or modifying his or her use of the substance despite the harm that results from it, and
(v) the use impairs his or her ability,
(A) to participate successfully in another employment assistance activity, or
(B) to accept or maintain employment for which he or she is otherwise physically capable; and
(b) the program is the least restrictive and least intrusive program that is appropriate in the circumstances.
6. (1) Clause 33 (1) (b) of the Regulation is revoked and the following substituted:
(b) refuses, or fails to make reasonable efforts, to participate in an employment assistance activity that has been required under subsection 29 (1); or
(2) Section 33 of the Regulation is amended by adding the following subsection:
(4.1) Despite subsections (2) and (3), if the assistance provided to a recipient is cancelled or reduced on the ground that a participant in the recipient’s benefit unit has refused, or failed to make reasonable efforts, to participate in an employment assistance activity referred to in paragraph 8 or 8.1 of section 26, the assistance shall be cancelled or reduced, as the case may be, until the earlier of,
(a) the date immediately following the date of the expiry of the three or six-month period, whichever is applicable in the circumstances; and
(b) the date on which the participant enters into a participation agreement in which he or she agrees to participate in the employment assistance activity.
7. Subsection 34 (2) of the Regulation is revoked and the following substituted:
(2) If the applicant is a single person, the assistance shall be refused.
(3) If the applicant’s benefit unit includes a dependant, the assistance shall be reduced by an amount equal to the budgetary requirements and benefits for the person to whom clause (1) (a), (b) or (c), as the case may be, applies.
(4) Subsections 33 (2), (3) and (4) apply with necessary modifications with respect to the refusal or reduction of assistance under clause (1) (c).
8. The heading immediately preceding section 47.1 of the Regulation is amended by striking out “abuse recovery program” and substituting “addiction treatment program”.
9. Section 47.1 of the Regulation is amended by striking out “residential substance abuse recovery program” and substituting “residential program for the treatment of substance addiction”.