O. Reg. 395/04: GENERAL
filed December 15, 2004 under Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A
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made under the
Ontario Works Act, 1997
Made: December 8, 2004
Filed: December 15, 2004
Printed in The Ontario Gazette: January 1, 2005
Amending O. Reg. 134/98
(General)
1. The definition of “self-employment” in subsection 1 (1) of Ontario Regulation 134/98 is revoked.
2. (1) Paragraphs 1 and 2 of subsection 6 (1) of the Regulation are revoked and the following substituted:
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).
(2) Clause 6 (2) (b) of the Regulation is revoked and the following substituted:
(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).
3. Clause 13 (2) (a) of the Regulation is amended by adding “or the Immigration and Refugee Protection Act (Canada)” after “the Immigration Act (Canada)”.
4. The Regulation is amended by adding the following section:
Effective Date of Eligibility
20.7.1 The effective date of an applicant’s eligibility for basic financial assistance is,
(a) the day on which the part of the application referred to in clause 20.2 (4) (a) is complete; or
(b) the day on which the equivalent to the part of the application referred to in clause 20.2 (4) (a), approved by the Director, is complete, if the applicant did not proceed with the two-stage application set out in subsection 20.2 (4).
5. (1) Section 33 of the Regulation is amended by adding the following subsections:
(1.1) In the case of a recipient who is a single person,
(a) if the recipient is otherwise entitled to the benefit set out in subparagraph 1 i of subsection 55 (1), the recipient’s assistance shall be reduced by the sum of the recipient’s budgetary requirements and benefits, except that the amount of the benefit to be paid under subparagraph 1 i of subsection 55 (1) shall not be included in the sum if the administrator is satisfied that the recipient requires the drugs referred to in that subparagraph for a serious illness or serious health condition; or
(b) if the recipient is not otherwise entitled to the benefit set out in subparagraph 1 i of subsection 55 (1), the recipient’s assistance shall be cancelled.
(1.2) In the case of a recipient whose benefit unit includes a dependant,
(a) if the benefit set out in subparagraph 1 i of subsection 55 (1) is otherwise payable with respect to the participant to whom subsection (1) applies, the recipient’s assistance shall be reduced by the sum of the budgetary requirements and benefits for the participant, except that the amount of the benefit to be paid with respect to the participant under subparagraph 1 i of subsection 55 (1) shall not be included in the sum if the administrator is satisfied that the participant requires the drugs referred to in that subparagraph for a serious illness or serious health condition; or
(b) if the benefit set out in subparagraph 1 i of subsection 55 (1) is not otherwise payable with respect to the participant to whom subsection (1) applies, the recipient’s assistance shall be reduced by the sum of the budgetary requirements and benefits for the participant.
(2) Subsection 33 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(2) If the recipient is a single person, the assistance shall be reduced under clause (1.1) (a) or cancelled under clause (1.1) (b),
. . . . .
(3) Subsection 33 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(3) If the recipient’s benefit unit includes a dependant, the assistance shall be reduced under subsection (1.2),
. . . . .
6. (1) Paragraph 10 of subsection 39 (1) of the Regulation is revoked and the following substituted:
10. That portion of a student or trainee loan, grant or award approved by the administrator, so long as the person for whose benefit the loan, grant or award is provided remains in attendance in the program of study or training for which it is intended.
(2) Paragraph 12 of subsection 39 (1) of the Regulation is revoked and the following substituted:
12. Subject to subsection (3), an amount received as compensation for pain and suffering or expenses incurred or to be incurred as a result of an injury to or the death of a member of the benefit unit.
12.1 Subject to subsection (3), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.
12.2 Subject to subsection (3), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act.
(3) Subsection 39 (1) of the Regulation is amended by adding the following paragraph:
14. The earnings of a dependent child or the amount paid to a dependent child under a training program.
(4) Paragraph 15 of subsection 39 (1) of the Regulation is revoked and the following substituted:
15. An interest in real property of a dependent child, other than an interest described in paragraph 1, if reasonable efforts are being made to sell the property.
(5) Paragraphs 20, 21 and 22 of subsection 39 (1) of the Regulation are revoked and the following substituted:
20. That portion of a payment received under the Ministry of Community and Social Services Act for a person’s successful participation in a program of activities described in clause 2 (3) (e), paragraph 3 of subsection 10 (7) or paragraph 9 of section 26 if, within a reasonable period as determined by the administrator, it is to be used for the person’s post-secondary education.
21. A Registered Education Savings Plan, as defined in section 146.1 of the Income Tax Act (Canada), held by a subscriber in respect of a beneficiary who is related to the subscriber by blood, marriage or adoption.
(6) Subsection 39 (1) of the Regulation is amended by adding the following paragraphs:
26. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money, in the opinion of the administrator, will be applied within a reasonable period to a purpose set out in paragraph 15 of subsection 54 (1).
27. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income, if, in the opinion of the administrator, the payment will be used within a reasonable period for the purpose for which it was made.
(7) Subsection 39 (3) of the Regulation is revoked and the following substituted:
(3) The total amount allowed under paragraphs 12, 12.1 and 12.2 of subsection (1) shall not exceed $25,000.
7. Subsection 40 (2) of the Regulation is revoked and the following substituted:
(2) Despite subsection (1), the budgetary requirements for a recipient in the month of the effective date of his or her eligibility for basic financial assistance as determined under section 20.7.1,
(a) with respect to shelter, shall be deemed to be the lesser of,
(i) the amount the administrator has determined for one full month’s shelter costs, and
(ii) the amount of the recipient’s actual shelter costs that remains unpaid on the effective date; and
(b) with respect to basic needs, shall be prorated based on the number of days remaining in the month beginning with the effective date.
8. Subsection 43 (1) of the Regulation is revoked and the following substituted:
(1) The budgetary requirements for an applicant or recipient who is resident in a nursing home shall be equal to $112 per month for each member of the benefit unit.
9. The Regulation is amended by adding the following section:
Budgetary Requirements for Residents of Interval and Transition Homes
44.1 (1) Subject to subsection (2), an applicant’s or recipient’s budgetary requirements are determined under section 41 or subsection 44 (1), as the case may be, if the applicant or recipient,
(a) is a resident in an interval or transition home for abused women; and
(b) needs assistance for the cost of shelter for her previous dwelling place in order to preserve her right to return to occupy that dwelling place as her principal residence.
(2) The administrator may reduce the budgetary requirements of an applicant or recipient to whom subsection (1) applies to an amount that is not less than the sum of $112 for each member of the benefit unit after three months of the person having her budgetary requirements determined in accordance with subsection (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 $112 for each member of the benefit unit.
10. (1) Section 51 of the Regulation is amended by adding “or the Immigration and Refugee Protection Act (Canada)” after “the Immigration Act (Canada)” in the portion before paragraph 1.
(2) Paragraph 1 of section 51 of the Regulation is amended by adding “or the Immigration and Refugee Protection Act (Canada)” after “the Immigration Act (Canada)” in the portion before subparagraph i.
(3) Paragraph 2 of section 51 of the Regulation is revoked.
(4) Paragraph 3 of section 51 of the Regulation is revoked and the following substituted:
3. The amount calculated under paragraph 1 shall be deemed to be zero if,
i. the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is himself or herself in receipt of or eligible for social assistance,
ii. the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is himself or herself in receipt of a payment under Part II of the Old Age Security Act (Canada) or a payment under the Ontario Guaranteed Annual Income Act,
iii. the member of the benefit unit establishes to the satisfaction of the administrator that there has been a breakdown in the undertaking by reason of domestic violence,
iv. the member of the benefit unit establishes to the satisfaction of the administrator that he or she has a legal obligation to contribute to one or more of the elements of shelter cost set out in paragraphs 1 to 10 of subsection 42 (1) for the dwelling place where the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) and the member of the benefit unit reside or for the accommodation owned or controlled in whole or in part by the person giving the undertaking where the member of the benefit unit resides, or
v. the member of the benefit unit establishes to the satisfaction of the administrator that he or she is required by the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) to pay for shelter in order to continue to reside in the dwelling place of that person or in accommodation owned or controlled in whole or in part by that person.
11. Section 52 of the Regulation is amended by adding the following paragraph:
8.1 Subject to subsection 54 (2), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act.
12. (1) Paragraph 11 of section 53 of the Regulation is revoked and the following substituted:
11. A Canada Education Savings Grant.
(2) Section 53 of the Regulation is amended by adding the following paragraph:
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).
13. (1) Subparagraph 1 iii of subsection 54 (1) of the Regulation is revoked and the following substituted:
iii. guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or made under the Canada Student Financial Assistance Act and, in either case, received by or on behalf of a student and relating to tuition, other compulsory fees, books, instructional supplies or transportation for the purpose of the definition of “education costs” in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990 (Ontario Student Loans made before August 1, 2001) made under the Ministry of Training, Colleges and Universities Act or for the purpose of section 11 of Ontario Regulation 268/01 (Ontario Student Loans made after July 31, 2001) made under that Act,
(2) Subsection 54 (1) of the Regulation is amended by adding the following paragraph:
2.1 The portion of a grant or award, other than an award or grant under paragraph 2, or loan, other than a loan under subparagraphs 1 iii and iv, that is approved by the administrator for training or post-secondary education and that is or will be applied within a reasonable period to the cost of tuition, other compulsory fees, books, instructional supplies and equipment and transportation, if the person for whose benefit the grant, award or loan is provided is attending or will be attending the training or program of study for which it is intended.
(3) Paragraph 4 of subsection 54 (1) of the Regulation is revoked and the following substituted:
4. Subject to subsection (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.
4.1 Subject to subsection (2), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.
(4) Paragraph 11 of subsection 54 (1) of the Regulation is revoked and the following substituted:
11. The interest earned from and reinvested into the Registered Education Savings Plan referred to in paragraph 21 of subsection 39 (1).
11.1 A gift or voluntary payment received for the purpose of making a contribution to a Registered Education Savings Plan, if the gift or payment is contributed as soon as practicable to a Registered Education Savings Plan that is exempt under paragraph 21 of subsection 39 (1).
11.2 An Educational Assistance Payment received from a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada) that is or will be applied, within a reasonable period, to the cost of tuition, other compulsory fees, books, instructional supplies and equipment, transportation and post-secondary education expenses related to the person’s disability, approved by the administrator.
11.3 A payment of contributions from a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada) to the subscriber or to the beneficiary if the payment is or will be applied by the beneficiary, within a reasonable period, to the cost of tuition, other compulsory fees, books, instructional supplies and equipment, transportation and post-secondary education expenses related to the person’s disability, approved by the administrator.
(5) Subsection 54 (1) of the Regulation is amended by adding the following paragraphs:
14. Grants received from the Home and Vehicle Modification Program funded under the Ministry of Community and Social Services Act.
15. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money is applied to or, if the administrator approves, will be applied to,
i. the purchase or repair of an asset that, under section 39, is not included as an asset,
ii. the purchase or repair of any other asset that, in the opinion of the administrator, is necessary for the health or welfare of a member of the benefit unit,
iii. the purchase or repair of an asset that does not result in the recipient exceeding the prescribed limit for assets under section 38,
iv. additional living expenses, including temporary shelter costs, if a peril covered by the contract of insurance makes the recipient’s dwelling place used as principal residence unfit for occupancy, or
v. debt obligations of a member of the benefit unit.
16. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income.
(6) Subsection 54 (2) of the Regulation is revoked and the following substituted:
(2) The total amount allowed under paragraph 8.1 of section 52 and paragraphs 4 and 4.1 of subsection (1) shall not exceed $25,000.
14. (1) Paragraph 2 of subsection 55 (1) of the Regulation is revoked and the following substituted:
winter clothing for children
2. An amount equal to $105 to be paid once in a year for winter clothing for each dependent child of a recipient if,
i. the recipient is eligible for income assistance in November or December of the year,
ii. the recipient has one or more dependent children in November or December of the year,
iii. there has not been a payment in the year under paragraph 2 of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997 for winter clothing for the dependent child; and
iv. there has not been a payment in the year under this paragraph or under paragraph 2 of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997 for winter clothing for the dependent child when he or she was the dependent child of another recipient under the Ontario Works Act, 1997 or under the Ontario Disability Support Program Act, 1997.
(2) Paragraph 3 of subsection 55 (1) of the Regulation is revoked and the following substituted:
back to school
3. An amount, as set out in subsection (1.0.1), to be paid once in a year on behalf of each dependent child of the recipient for back to school expenses if,
i. the recipient is eligible for income assistance in August or in a subsequent month of the year,
ii. the recipient has one or more dependent children in August or in a subsequent month of the year,
iii. there has not been a payment in the year under paragraph 3 of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997 for back to school expenses on behalf of the dependent child, and
iv. there has not been a payment in the year under this paragraph or under paragraph 3 of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997 for back to school expenses on behalf of the dependent child when he or she was the dependent child of another recipient under the Ontario Works Act, 1997 or under the Ontario Disability Support Program Act, 1997.
(3) Paragraph 4 of subsection 55 (1) of the Regulation is revoked and the following substituted:
community start up and maintenance
4. An amount, not exceeding the maximum amount to which a recipient is entitled under subsection (3), in respect of a residence if,
i. the recipient will be establishing a new principal residence whether within or outside the geographic area or will be remaining in his or her current residence,
ii. the administrator is satisfied that the recipient will need financial assistance to establish the new principal residence or to remain in his or her current residence,
iii. the recipient,
A. is being discharged from an institution that provided for his or her basic needs and shelter,
B. has satisfied the administrator that it would be harmful to his or her health or welfare to remain in his or her current residence,
C. has been evicted from his or her current residence,
D. has received a notice of termination or a notice to quit with respect to his or her tenancy or a final demand for payment under a mortgage and has satisfied the administrator that, if a payment is made, he or she will not be evicted from his or her current residence,
E. has had a utility within the meaning of paragraph 8 of subsection 42 (1) or the energy for heat as described in paragraph 10 of subsection 42 (1) to the current residence discontinued and has satisfied the administrator that if a payment is made the utility or energy will be resumed, or
F. has received a notice that a utility within the meaning of paragraph 8 of subsection 42 (1) or the energy for heat as described in paragraph 10 of subsection 42 (1) to the current residence will be discontinued and has satisfied the administrator that if a payment is made the utility or energy will not be discontinued, and
iv. the recipient,
A. has not received payments under this paragraph or under paragraph 4 of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997 or has received payments that in total are not greater than the maximum amount to which the recipient is entitled under subsection (3) within the preceding 24 months, or
B. has received payments under this paragraph or under paragraph 4 of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Ontario Disability Support Program Act, 1997 within the preceding 24 months the total of which equal the maximum amount to which the recipient is entitled under subsection (3), but the administrator approves additional payments that in total are not greater than the maximum amount to which the recipient is entitled under subsection (3) because of exceptional circumstances.
(4) Section 55 of the Regulation is amended by adding the following subsection:
(1.0.1) The amount payable under paragraph 3 of subsection (1) is,
(a) $69 for each dependent child who is or will be in school and who is four years of age or more as of December 31 of the year and less than 13 years of age as of December 31 of the year; and
(b) $128 for each dependent child who is or will be in school and who is 13 years of age or more as of December 31 of the year.
(5) Subsection 55 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(3) Subject to the approval by the administrator under sub-subparagraph 4 iv B of subsection (1) of an additional payment under exceptional circumstances, the maximum amount payable under paragraph 4 of subsection (1) in any 24-month period is,
. . . . .
(6) Section 55 of the Regulation is amended by adding the following subsection:
(4) If, as a result of section 33, income assistance is not being paid on behalf of a member of a benefit unit for a period determined under subsection 33 (2), (3) or (4.1), the benefit set out in subparagraph 1 i of subsection (1) shall be paid with respect to the member during that period, if the administrator is satisfied that the member meets the criteria set out in that subparagraph and requires the drugs referred to in that subparagraph for a serious illness or serious health condition.
15. The Regulation is amended by adding the following section:
Extended Health Benefits for Recipients who Cease to be Eligible for Income Assistance
57.1 If a person is not eligible for income assistance for a month because the income of the person’s benefit unit, as determined under this Regulation, exceeds or is equal to the benefit unit’s budgetary requirements, as determined under this Regulation, the benefit set out in each subparagraph of paragraph 1 of subsection 55 (1) shall be paid with respect to each member of the person’s benefit unit if,
(a) the person is a recipient in the month immediately before becoming eligible for this benefit;
(b) the person is otherwise eligible for income assistance;
(c) the administrator is satisfied that the member of the benefit unit meets the criteria for the benefit, as set out in the subparagraph; and
(d) the benefit unit’s income, as determined under this Regulation, is less than the sum of its budgetary requirements, as determined under this Regulation, and the value of its benefits under paragraph 1 of subsection 55 (1).
16. (1) Section 58 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
58. If a person is not eligible for income assistance for a month because the income of the person’s benefit unit, as determined under this Regulation, exceeds or is equal to the benefit unit’s budgetary requirements, as determined under this Regulation, the benefit set out in subparagraph 1 i of subsection 55 (1) shall be paid with respect to each member of the person’s benefit unit if,
. . . . .
(2) Clauses 58 (a) and (b) of the Regulation are revoked and the following substituted:
(a) the person is otherwise eligible for income assistance;
(a.1) the administrator is satisfied that the member of the benefit unit meets the criteria for the benefit, as set out in the subparagraph;
(b) the benefit unit’s income, as determined under this Regulation, is less than the sum of its budgetary requirements, as determined under this Regulation, and the value of its benefit under subparagraph 1 i of subsection 55 (1);
17. (1) Section 58.1 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
58.1 If a person is not eligible for income assistance for a month because the income of the person’s benefit unit, as determined under this Regulation, exceeds or is equal to the benefit unit’s budgetary requirements, as determined under this Regulation, the benefit set out in each subparagraph of paragraph 1 of subsection 55 (1) shall be paid with respect to each member of the person’s benefit unit if,
. . . . .
(2) Clauses 58.1 (a) and (b) of the Regulation are revoked and the following substituted:
(a) the person is otherwise eligible for income assistance;
(a.1) the administrator is satisfied that the member of the benefit unit meets the criteria for the benefit, as set out in the subparagraph;
(b) the reason income exceeds or is equal to budgetary requirements is that a member of the person’s benefit unit received a loss of income payment or a loss of support payment under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others; and
18. Section 66 of the Regulation is revoked and the following substituted:
66. (1) This section applies if,
(a) before the day this section came into force,
(i) an administrator, as a condition of eligibility for basic financial assistance, required a person who owned or had an interest in land in Ontario and to whom section 12 of the Act applied to consent to the delivery agent having a lien against the land,
(ii) the person consented to the delivery agent having a lien against the land, and
(iii) the delivery agent registered a notice of lien against the land in the appropriate registry or land titles office; and
(b) no discharge of the lien has been registered against the land in the appropriate registry or land titles office.
(2) At the request of a person with an interest in the land against which the notice of lien is registered, the administrator shall prepare a discharge of the lien and shall provide it to the person, regardless of whether the lien amount has been repaid.
(3) The Director or the administrator may register a discharge of the lien against the land in the appropriate registry or land titles office, regardless of whether the lien amount has been repaid.
(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.