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Ontario Works Act, 1997

S.O. 1997, CHAPTER 25
Schedule A

Consolidation Period: From August 20, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 35, Sched. C, s. 106.

SKIP TABLE OF CONTENTS

CONTENTS

Purpose of Act

1.The purpose of this Act is to establish a program that,

(a) recognizes individual responsibility and promotes self reliance through employment;

(b) provides temporary financial assistance to those most in need while they satisfy obligations to become and stay employed;

(c) effectively serves people needing assistance; and

(d) is accountable to the taxpayers of Ontario. 1997, c. 25, Sched. A, s. 1.

Definitions

2.  In this Act,

“administrator” means an administrator for a geographic area appointed under section 43; (“administrateur”)

“applicant” means a person who applies for basic financial assistance or on whose behalf such an application is made; (“auteur de demande”)

“assistance” means employment assistance and basic financial assistance; (“aide”)

“basic financial assistance” means assistance under section 5; (“aide financière de base”)

“benefit unit” means a person and all of his or her dependants on behalf of whom the person applies for or receives basic financial assistance; (“groupe de prestataires”)

“benefits” means the prescribed items, services or payments; (“prestations”)

“biometric information” means information derived from an individual’s unique characteristics but does not include a photographic or signature image; (“renseignements biométriques”)

“community participation” includes participation in community activities that contribute to the betterment of the community; (“participation communautaire”)

“delivery agent”, for a geographic area, means the delivery agent designated by the Minister to administer this Act and provide assistance in that area; (“agent de prestation des services”)

“Director” means the Director of Ontario Works appointed by the Minister; (“directeur”)

“district social services administration board” means a board established under the District Social Services Administration Boards Act; (“conseil d’administration de district des services sociaux”)

“emergency assistance” means assistance provided to help with basic needs and shelter on an emergency basis; (“aide en cas d’urgence”)

“employment assistance” means assistance under section 4; (“aide à l’emploi”)

“employment measures” includes job search, job search support services, referral to basic education and job specific skills training, and employment placement; (“mesures d’emploi”)

“income assistance” means assistance provided for purposes of basic needs and shelter; (“aide au revenu”)

“Minister” and “Ministry” mean the Minister and Ministry of Community and Social Services; (“ministre”, “ministère”)

“personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“recipient” means a person to whom basic financial assistance is provided; (“bénéficiaire”)

“regulations” means the regulations made under this Act; (“règlements”)

“Tribunal” means the Social Benefits Tribunal established under section 60. (“Tribunal”) 1997, c. 25, Sched. A, s. 2; 2002, c. 17, Sched. F, Table.

PART I
ELIGIBILITY FOR AND PROVISION OF ASSISTANCE

Assistance

3.There are two forms of assistance under this Act: employment assistance and basic financial assistance. 1997, c. 25, Sched. A, s. 3.

Employment assistance

4.Employment assistance is assistance to help a person to become and stay employed and includes,

(a) community participation; and

(b) other employment measures, as prescribed. 1997, c. 25, Sched. A, s. 4.

Basic financial assistance

5.Basic financial assistance includes,

(a) income assistance provided for purposes of basic needs and shelter;

(b) benefits; and

(c) emergency assistance. 1997, c. 25, Sched. A, s. 5.

Who receives employment assistance

6.Employment assistance may be provided for,

(a) a recipient or a dependant;

(b) a person eligible to receive income support under the Ontario Disability Support Program Act, 1997 or a dependant; and

(c) members of a prescribed class of persons. 1997, c. 25, Sched. A, s. 6.

Who receives income assistance

7.(1)Income assistance shall be provided in accordance with the regulations to persons who satisfy all conditions of eligibility under this Act and the regulations.

Who are the beneficiaries

(2)Income assistance shall be provided for the benefit of the eligible person and his or her dependants.

Eligibility for income assistance

(3)No person is eligible for income assistance unless,

(a) the person is resident in Ontario;

(b) the budgetary requirements of the person and any dependants exceed their income and their assets do not exceed the prescribed limits, as provided for in the regulations;

(c) the person and the prescribed dependants provide the information and the verification of information required to determine eligibility including,

(i) personal identification information, as prescribed,

(ii) financial information, as prescribed, and

(iii) any other prescribed information; and

(d) the person and the person’s dependants meet any other prescribed conditions relating to eligibility.

Same

(4)A recipient and any prescribed dependants may be required as a condition of eligibility for basic financial assistance to,

(a) satisfy community participation requirements;

(b) participate in employment measures;

(c) accept and undertake basic education and job specific skills training; and

(d) accept and maintain employment. 1997, c. 25, Sched. A, s. 7.

Who receives benefits

8.Benefits may be provided for,

(a) a recipient or a dependant;

(b) a person eligible to receive income support under the Ontario Disability Support Program Act, 1997 or a dependant; and

(c) members of the prescribed classes of persons. 1997, c. 25, Sched. A, s. 8.

Who receives emergency assistance

9.Emergency assistance may be provided in accordance with the regulations to or for the benefit of a person who meets the prescribed conditions. 1997, c. 25, Sched. A, s. 9.

Temporary care assistance

10.The administrator shall provide income assistance and benefits in accordance with the regulations to an adult on behalf of a child if,

(a) the child is in the temporary care of the adult;

(b) the child is in financial need;

(c) the child is not a dependant under this Act or the Ontario Disability Support Program Act, 1997;

(d) the adult does not have a legal obligation to support the child, as prescribed;

(e) the child is not receiving residential care by a person who receives compensation for caring for the child under the Child and Family Services Act; and

(f) the adult and the child meet any other prescribed conditions of eligibility. 1997, c. 25, Sched. A, s. 10.

Assistance in exceptional circumstances

11.In cases presenting exceptional circumstances and in which investigation shows the advisability of assistance being provided to a person who is not eligible for it, the Lieutenant Governor in Council may by order direct that assistance be provided to the person in accordance with the terms of the order. 1997, c. 25, Sched. A, s. 11.

Lien on property

12.  (1)  An administrator shall in prescribed circumstances, as a condition of eligibility for basic financial assistance, require an applicant, recipient, spouse or dependent adult who owns or has an interest in property to consent to the delivery agent having a lien against the property, in accordance with the regulations. 1997, c. 25, Sched. A, s. 12 (1); 1999, c. 6, s. 50 (1), 2005, c. 5, s. 54 (1).

Dependent child

(2)  Subsection (1) applies with respect to a dependent child who owns or has an interest in property but only if the property was transferred to the child within the prescribed period by a person of a prescribed class. 1997, c. 25, Sched. A, s. 12 (2).

Agreement to reimburse and assignment

13.(1)An administrator shall in prescribed circumstances, as a condition of eligibility for basic financial assistance, require an applicant, a recipient, a dependant or a prescribed person to agree to reimburse the administrator for the assistance provided or to be provided.

Same

(2)An agreement under subsection (1) may require an assignment, as prescribed.

Same

(3)This section does not apply to,

(a) a payment that would be exempt as income or assets under this Act or the regulations; or

(b) that portion of employment earnings, pension income or other prescribed income that is paid with respect to a period after the period during which the person receives assistance. 1997, c. 25, Sched. A, s. 13.

Failure to comply

14.(1)If an applicant, recipient or dependant fails to comply with or meet a condition of eligibility in this Act or the regulations, the administrator shall, as prescribed:

1. Refuse to grant assistance.

2. Declare the person ineligible for assistance for the prescribed period.

3. Reduce or cancel assistance or that part of it provided for the benefit of the person who has failed to comply.

4. Suspend assistance or suspend that part of it provided for the benefit of the person who has failed to comply.

Reinstatement

(2)If assistance is suspended, reduced or cancelled under this section, it shall be returned to its former level or reinstated only in accordance with the regulations. 1997, c. 25, Sched. A, s. 14.

Application for basic financial assistance

15.(1)An application for basic financial assistance shall be made in the prescribed manner and shall contain the prescribed information.

Same

(2)Despite any decision of an administrator, the Tribunal or a court, a further application for assistance may be made by an applicant or recipient upon new or other evidence or if material circumstances have changed. 1997, c. 25, Sched. A, s. 15.

Determination of assistance

16.(1)The amount of basic financial assistance to be provided and the time and manner of providing that assistance shall be determined in accordance with the regulations.

Determination of employment assistance

(2)The amount and type of employment assistance provided and the time and manner of providing that assistance shall be determined in accordance with the regulations. 1997, c. 25, Sched. A, s. 16.

Appointment of person to act for recipient

17.(1)An administrator may appoint a person to act for a recipient 18 years of age or older if there is no guardian of property or trustee for the recipient and the administrator is satisfied that the recipient is using or is likely to use his or her assistance in a way that is not for the benefit of a member of the benefit unit.

Same

(2)An administrator shall appoint a person to act for a recipient who is under the age of 18 years if there is no guardian of property or trustee for the recipient.

Same

(3)An administrator may provide assistance for the benefit of a recipient to the recipient’s guardian of property or trustee or to a person appointed under subsection (1) or (2).

Compensation

(4)A person to whom assistance is provided under subsection (3) is not entitled to a fee or other compensation or reward or to reimbursement for costs or expenses incurred by acting under this section, except as prescribed.

Report and account

(5)A person appointed under this section to act for a recipient shall report and account in accordance with the regulations. 1997, c. 25, Sched. A, s. 17.

Money paid to third party

18.A portion of basic financial assistance may be provided directly to a third party on behalf of a recipient if an amount is payable by a member of the benefit unit to the third party for costs relating to basic needs or shelter, as prescribed. 1997, c. 25, Sched. A, s. 18.

Recovery of overpayments

19.  (1)  If an amount has been provided to a recipient under this Act in excess of the amount to which the recipient was entitled, the amount of the excess is an overpayment. 1997, c. 25, Sched. A, s. 19 (1).

Same

(2)  If a recipient or a dependant fails to honour an assignment or an agreement to reimburse the delivery agent, the prescribed amount is an overpayment. 1997, c. 25, Sched. A, s. 19 (2).

Overpayment as debt

(2.1)  An overpayment by a delivery agent under this Act is a debt due to the delivery agent and may also be deemed by the Director to be a debt due to the Crown in right of Ontario. 2006, c. 19, Sched. E, s. 3 (1).

Recovery of overpayments from other programs

(3)  An overpayment enforceable against a recipient or the recipient’s spouse under the Ontario Disability Support Program Act, 1997, the Family Benefits Act or the General Welfare Assistance Act is recoverable under this Act even though the overpayment was made by,

(a) the Director under the Ontario Disability Support Program Act, 1997;

(b) a welfare administrator under the General Welfare Assistance Act; or

(c) the Director under the Family Benefits Act. 1997, c. 25, Sched. A, s. 19 (3); 1999, c. 6, s. 50 (2); 2005, c. 5, s. 54 (2).

Methods of recovery

(4)  An overpayment may be recovered by one or more of reduction of basic financial assistance under section 20, notice under section 21 or a proceeding under section 22. 1997, c. 25, Sched. A, s. 19 (4).

Reduction of basic financial assistance

20.(1)The administrator may recover the amount of an overpayment by deducting it from the recipient’s basic financial assistance.

Same

(2)The amount deducted under subsection (1) shall not exceed the prescribed amount unless the recipient agrees to a greater amount being deducted. 1997, c. 25, Sched. A, s. 20.

Notice of overpayment

21.  (1)  The administrator may give a recipient notice in writing of a decision determining that an overpayment exists and, if the administrator does, the notice shall set out the amount of the overpayment and the prescribed information concerning the decision. 1997, c. 25, Sched. A, s. 21 (1).

Effect of notice

(2)  A decision determining that an overpayment exists shall be final and enforceable against the recipient as if it were an order of the Superior Court of Justice if,

(a) notice of it has been given under subsection (1);

(b) the time for commencing an appeal to the Tribunal has expired; and

(c) no appeal has been commenced. 1997, c. 25, Sched. A, s. 21 (2); 2006, c. 19, Sched. C, s. 1 (1).

Effect of appeal

(3)  If the decision is appealed and an overpayment is determined, the decision of the Tribunal shall be final and enforceable against the recipient as if it were an order of the Superior Court of Justice. 1997, c. 25, Sched. A, s. 21 (3); 2006, c. 19, Sched. C, s. 1 (1).

Notice to spouse

(4)  If a recipient had a dependent spouse when an overpayment was incurred, the administrator may give notice in writing to the spouse respecting the overpayment. 1997, c. 25, Sched. A, s. 21 (4); 1999, c. 6, s. 50 (3); 2005, c. 5, s. 54 (3).

Effect of notice to spouse

(5)  If the administrator provides notice to a spouse under subsection (4), subsections (2) and (3) apply with necessary modifications to the spouse. 1997, c. 25, Sched. A, s. 21 (5); 1999, c. 6, s. 50 (4); 2005, c. 5, s. 54 (4).

Proceeding for recovery of overpayment

22.The administrator may recover an overpayment as a debt due to the delivery agent in a court of competent jurisdiction, whether or not notice has been provided under section 21. 1997, c. 25, Sched. A, s. 22.

Method of recovery, debt due to the Crown

22.1  The Crown in right of Ontario may recover an overpayment that is deemed to be a debt due to the Crown by any remedy or procedure that is available to the Crown by law if the administrator has given a recipient a notice in writing under section 21 and,

(a) the time for commencing an appeal to the Tribunal has expired and no appeal has been commenced; or

(b) the decision is appealed and an overpayment is determined by the decision of the Tribunal. 2006, c. 19, Sched. E, s. 3 (2).

No attachment, etc., of basic financial assistance

23.(1)Basic financial assistance,

(a) is not subject to alienation or transfer by the recipient; and

(b) is not subject to garnishment, attachment, execution, seizure or receivership under any other Act.

Deduction re money owed for family support, etc.

(2)Despite subsection (1), an administrator may deduct a portion of basic financial assistance to recover,

(a) the amount of a support deduction order that is enforceable against a member of the benefit unit under section 20 of the Family Responsibility and Support Arrears Enforcement Act, 1996; or

(b) the prescribed government debts owed by a member of the benefit unit.

Maximum amount deducted

(3)The total amount deducted from basic financial assistance under subsection (2) shall not exceed the prescribed amount unless the recipient agrees to a greater amount.

Payment of amount deducted

(4)The administrator shall pay any amount deducted under this section to the prescribed person.

Application of section

(5)This section applies even if the amount has been paid into the person’s account at a financial institution. 1997, c. 25, Sched. A, s. 23.

PART II
EFFECTIVE DATE OF DECISIONS, INTERNAL REVIEW AND APPEALS

Notice of decision

24.An administrator shall give notice to the applicant or recipient of a decision that may be appealed and the notice shall advise the applicant or recipient that he or she may request an internal review of the decision. 1997, c. 25, Sched. A, s. 24.

When decision takes effect

25.(1)A decision of the administrator shall be effective from the date fixed by the administrator, whether it is before, on or after the date of the decision.

When decision is final

(2)An administrator’s decision that may not be appealed is final when it is made.

Same

(3)An administrator’s decision that may be appealed is final,

(a) when the prescribed time for requesting an internal review expires, if no internal review is requested within that time; or

(b) on the earlier of the day the prescribed time for completing the internal review expires and the day the internal review is completed, if an internal review has been requested. 1997, c. 25, Sched. A, s. 25.

Decisions which may be appealed

26.(1)Any decision of an administrator affecting eligibility for or the amount of basic financial assistance, other than a decision referred to in subsection (2), may be appealed to the Tribunal.

Exceptions

(2)No appeal lies to the Tribunal with respect to the following matters:

1. A decision with respect to employment assistance that does not affect eligibility for or the amount of income assistance or a mandatory benefit.

2. A decision respecting discretionary benefits.

3. A decision of the Lieutenant Governor in Council respecting assistance in exceptional circumstances.

4. A decision to provide a portion of basic financial assistance directly to a third party.

5. A decision made under subsection 17 (2) to appoint a person to act on behalf of a recipient.

6. A variation, refusal or cancellation of assistance caused by an amendment to this Act or the regulations.

7. A decision respecting emergency assistance.

8. A prescribed decision. 1997, c. 25, Sched. A, s. 26.

Internal review before appeal

27.(1)No appeal may be commenced unless an internal review has been requested.

Same

(2)The request for internal review must be made within the prescribed time.

If review requested

(3)If the applicant or recipient requests an internal review, the review shall be completed in the prescribed manner and within the prescribed period.

SPPA does not apply

(4)The Statutory Powers Procedure Act does not apply to an internal review. 1997, c. 25, Sched. A, s. 27.

Appeal to Tribunal

28.  (1)  An applicant or recipient may appeal a decision of an administrator within the prescribed period after an internal review by filing a notice of appeal that shall include reasons for requesting the appeal. 1997, c. 25, Sched. A, s. 28 (1).

Same

(2)  The Tribunal may extend the time for appealing a decision if it is satisfied that there are apparent grounds for an appeal and that there are reasonable grounds for applying for the extension. 1997, c. 25, Sched. A, s. 28 (2).

Same

(3)  An appeal to the Tribunal shall be commenced and conducted in accordance with the regulations. 1997, c. 25, Sched. A, s. 28 (3).

Parties

(4)  The administrator, the applicant or recipient who requested the hearing and any other persons specified by the Tribunal are parties to the proceedings before the Tribunal. 1997, c. 25, Sched. A, s. 28 (4).

Add party

(5)  At any stage of an appeal, the Tribunal shall add the Director as a party, on his or her request. 1997, c. 25, Sched. A, s. 28 (5).

Notice to spouse

(6)  If an appeal relates to a determination of an overpayment of which the administrator has given notice to a spouse under subsection 21 (4), the spouse shall be added as a party. 1997, c. 25, Sched. A, s. 28 (6); 1999, c. 6, s. 50 (5); 2005, c. 5, s. 54 (5).

Same

(7)  A spouse who has been added as a party to the appeal of a determination may not commence an appeal in relation to that determination. 1997, c. 25, Sched. A, s. 28 (7); 1999, c. 6, s. 50 (6); 2005, c. 5, s. 54 (6).

Submission

(8)  The administrator and the Director may make written submissions in place of or in addition to appearing at a hearing. 1997, c. 25, Sched. A, s. 28 (8).

Same

(9)  If written submissions are to be made, the parties to the hearing shall be given an opportunity before the hearing to examine the submissions, as prescribed. 1997, c. 25, Sched. A, s. 28 (9).

Written or documentary evidence

(10)  The parties to a hearing shall be given an opportunity before the hearing to examine any written or documentary evidence that a party proposes to introduce at the hearing, as prescribed. 1997, c. 25, Sched. A, s. 28 (10).

Onus

(11)  The onus lies on the appellant to satisfy the Tribunal that the decision of the administrator is wrong. 1997, c. 25, Sched. A, s. 28 (11).

Notice to Director

29.The administrator shall notify the Director of the prescribed appeals to the Tribunal. 1997, c. 25, Sched. A, s. 29.

Interim assistance

30.(1)The Tribunal may direct the administrator to provide the prescribed interim assistance to an applicant or recipient if the Tribunal is satisfied that the person will suffer financial hardship during the period needed for the Tribunal to complete its review and give notice of its decision.

Same

(2)An applicant or recipient may receive interim assistance directed under subsection (1) only so long as he or she meets all conditions of eligibility for assistance other than a condition relating to the issue under appeal.

Procedure

(3)The Statutory Powers Procedure Act does not apply to proceedings of the Tribunal with respect to interim assistance. 1997, c. 25, Sched. A, s. 30.

Order of Tribunal

31.(1)In an appeal to the Tribunal, the Tribunal may,

(a) deny the appeal;

(b) grant the appeal;

(c) grant the appeal in part; or

(d) refer the matter back to the administrator for reconsideration in accordance with any directions the Tribunal considers proper.

Reasons

(2)The Tribunal shall give reasons for its decision.

Administrator to give effect

(3)The administrator shall give effect to the Tribunal’s directions under this section.

Order takes effect

(4)A decision of the Tribunal takes effect when it is made and, if it is appealed, continues in effect until a decision of the Divisional Court is made on appeal. 1997, c. 25, Sched. A, s. 31.

Recovery of interim assistance

32.If the amount of interim assistance provided exceeds the amount that would have been payable under the final order of the Tribunal or Court during the period for which interim assistance was provided, the amount of the excess shall be deemed to be an overpayment. 1997, c. 25, Sched. A, s. 32.

Appeal frivolous, vexatious

33.The Tribunal shall refuse to hear an appeal if it determines the appeal to be frivolous or vexatious. 1997, c. 25, Sched. A, s. 33.

Appeal denied

34.(1)An appeal to the Tribunal shall be denied if,

(a) the person appealing fails, without reasonable cause, to file the information required for the appeal within the required time;

(b) in the case of a hearing held in person, the person appealing fails, without reasonable cause, to attend the hearing at the time and place fixed for it;

(c) in the case of a hearing held by telephone, video conference or some other means, the person appealing fails, without reasonable cause, to be available to be contacted for the purpose of the hearing.

Limitation on subsequent appeal

(2)If an appeal is denied under subsection (1), the appellant may not appeal a subsequent decision on the same issue during the prescribed period. 1997, c. 25, Sched. A, s. 34.

If no appeal commenced

35.If an administrator’s decision is not appealed to the Tribunal within the time required under this Act, no further appeal lies to the Tribunal or a court with regard to that decision. 1997, c. 25, Sched. A, s. 35.

Appeal to Court

36.(1)The Director and any party to a hearing may appeal the Tribunal’s decision to the Divisional Court on a question of law.

Record to be filed in court

(2)If a party appeals from a decision of the Tribunal, the Tribunal shall forthwith file with the Divisional Court the prescribed documents, which shall constitute the record in the appeal.

Notice to Director

(3)The person appealing shall serve the notice of appeal on the Director and any other party before the Tribunal.

Minister entitled to be heard

(4)The Minister is entitled to be heard by counsel or otherwise on an appeal under this section.

Powers of Court on appeal

(5)In an appeal to the Court of a decision of the Tribunal, the Court may,

(a) deny the appeal;

(b) grant the appeal;

(c) grant the appeal in part; or

(d) refer the matter back to the Tribunal or the administrator for reconsideration in accordance with any directions the Court considers proper.

Same

(6)The Tribunal or the administrator shall give effect to any direction given by the Court under this section. 1997, c. 25, Sched. A, s. 36.

PART III
ADMINISTRATION OF THE ACT

Geographic areas designated

37.The Minister shall by regulation designate geographic areas of Ontario for the purposes of this Act. 1997, c. 25, Sched. A, s. 37.

Delivery agents designated

38.(1)The Minister may by regulation designate a municipality, band or prescribed board as a delivery agent for each geographic area to exercise the powers and duties of a delivery agent in that geographic area.

Terms and conditions

(2)The Minister may attach terms and conditions to a designation under subsection (1).

Revoke designation

(3)The Minister may revoke a designation under this section. 1997, c. 25, Sched. A, s. 38.

Powers and duties of delivery agent

39.(1)Each delivery agent is responsible for the administration of this Act and the provision of employment assistance and basic financial assistance in the delivery agent’s geographic area.

Standard of services

(2)A delivery agent shall meet the prescribed standards in its performance of its functions and follow the prescribed procedures and practices.

Additional powers of delivery agent

(3)A delivery agent shall have the prescribed powers. 1997, c. 25, Sched. A, s. 39.

Provision of information related to Act

40.(1)Each delivery agent shall provide to the Director information relevant to its administration of this Act that is requested by the Director, including information about present and former applicants and recipients under this Act, the Ontario Disability Support Program Act, 1997, the Family Benefits Act or the General Welfare Assistance Act.

Same

(2)The information shall be provided in the form and manner requested by the Director. 1997, c. 25, Sched. A, s. 40.

Use of information related to Act

41.(1)Information collected by a delivery agent for the purposes of this Act may be used by the delivery agent and by the Minister for the purposes of and in accordance with this Act.

Use of personal information

(2)Personal information collected by a delivery agent for the purposes of this Act may be used by the delivery agent and by the Minister only for the purpose for which it was collected or for a consistent purpose or as authorized under this Act. 1997, c. 25, Sched. A, s. 41.

Record keeping

42.Each delivery agent shall keep information collected under this Act in the form and electronic system required by the Director. 1997, c. 25, Sched. A, s. 42.

Administrator appointed

43.Each delivery agent shall, with the approval of the Director, appoint an administrator to oversee the administration of this Act and the provision of assistance in the delivery agent’s geographic area. 1997, c. 25, Sched. A, s. 43.

Powers and duties of administrator

44.Each administrator shall carry out the following duties:

1. Receive applications for basic financial assistance from persons residing in his or her geographic area.

2. Determine the eligibility of each applicant for basic financial assistance.

3. If an applicant is found eligible for basic financial assistance, determine the amount of the assistance and direct its provision.

4. Determine eligibility for employment assistance and direct its provision.

5. Carry out the prescribed duties. 1997, c. 25, Sched. A, s. 44.

Contracting authority, delivery agent

45.(1)A delivery agent may enter into an agreement with regard to any matter relating to the administration of this Act or the provision of assistance in the delivery agent’s geographic area, subject to the restrictions or conditions in the designation as delivery agent. 1997, c. 25, Sched. A, s. 45.

Contracting authority, municipality

(2)The council of a municipality may enter into an agreement with a delivery agent under subsection (1) and, if it does so, the municipality has all of the powers and duties of the delivery agent that relate to the subject-matter of the agreement. 1999, c. 12, Sched. E, s. 4.

Delegation of administrator’s powers and duties

46.(1)An administrator may, in writing, authorize a person or class of persons employed by the delivery agent for the purpose to exercise any of his or her powers and duties under his or her supervision and direction.

Same

(2)A decision made by a person exercising the administrator’s powers or duties under this section shall be deemed to be a decision of the administrator. 1997, c. 25, Sched. A, s. 46.

Director

47.(1)The Director shall exercise the powers and duties imposed or conferred on the Director by this Act and the regulations.

Acting Director

(2)If the Director is absent or unable to act or the office of the Director is vacant, the employee of the Ministry designated by the Minister has and shall exercise the powers and duties of the Director.

Delegation of Director’s powers and duties

(3)The Director may, in writing, authorize a person or class of persons to exercise any of the powers or duties of the Director under his or her supervision and direction.

Decision of acting Director

(4)A decision made by a person exercising the Director’s powers or duties under subsection (3) shall be deemed to be a decision of the Director. 1997, c. 25, Sched. A, s. 47.

Director’s powers and duties

48.(1)The Director shall,

(a) supervise the administration of this Act and the provision of assistance by delivery agents, including setting and monitoring delivery standards;

(b) audit the costs of each delivery agent in administering this Act and providing assistance;

(c) determine how the payment of the costs of administering this Act and providing assistance is to be allocated;

(d) ensure that the appropriate payments are made or withheld, as the case may be; and

(e) exercise the prescribed powers and duties.

Contracting authority, Director

(2)The Director may enter into an agreement with regard to any matter relating to the administration of this Act or the provision of assistance. 1997, c. 25, Sched. A, s. 48.

Agreement for delivery of assistance

49.(1)The Minister may enter into an agreement with a band or person providing that the band or person shall exercise the powers and duties of a delivery agent in a geographic area.

Terms and conditions

(2)An agreement under this section shall be subject to the prescribed terms and conditions and to any additional terms and conditions set out in it.

Payment of costs

(3)An agreement under this section shall provide for the payment by Ontario of a portion of the band’s or person’s costs, as prescribed.

Personal information

(4)An agreement under this section shall provide for the ownership, collection, use, disclosure and safeguarding of privacy of personal information and for a person’s access to his or her own personal information, subject to the prescribed conditions.

Administrator

(5)The agreement shall provide for the appointment of an administrator.

Deemed reference

(6)If there is an agreement under this section, a reference to a delivery agent in this Act or the regulations shall be deemed to be a reference to the band or person and a reference to an administrator in this Act or the regulations shall be deemed to be a reference to the administrator appointed by the band or person.

Director to supervise

(7)If there is an agreement under this section, the Director shall,

(a) supervise the band’s or person’s administration of the Act and of the provision of assistance and shall audit its costs in administering this Act and providing assistance;

(b) ensure that the appropriate payments are made to the band or person or withheld from it, as the case may be, in accordance with this Act and the regulations; and

(c) supervise compliance with any requirements regarding the collection, use, disclosure and safeguarding of the privacy of personal information. 1997, c. 25, Sched. A, s. 49.

Ministry as delivery agent

50.(1)The Ministry may act as a delivery agent for a geographic area if the Minister determines that it is necessary to do so.

Administrator

(2)The Minister shall appoint an administrator in a geographic area in which the Ministry is the delivery agent. 1997, c. 25, Sched. A, s. 50.

Cost sharing

51.The prescribed costs incurred under this Act shall be shared by Ontario, municipalities, and persons living in territory without municipal organization in accordance with the regulations. 1997, c. 25, Sched. A, s. 51.

Payments to delivery agents

52.(1)The Minister shall pay to every delivery agent,

(a) an amount determined in accordance with the regulations for Ontario’s share of the delivery agent’s costs incurred under this Act; and

(b) if there is territory without municipal organization in the delivery agent’s geographic area, the amount determined in accordance with the regulations for that territory’s share of the delivery agent’s costs incurred under this Act.

Payments to bands, persons

(2)Despite subsection (1), the Minister shall pay to every band or person that enters into an agreement under section 49 an amount determined under the agreement. 1997, c. 25, Sched. A, s. 52.

Apportionment

53.(1)If a geographic area includes more than one municipality, the municipalities’ share of the delivery agent’s costs incurred under this Act shall be apportioned among the prescribed municipalities in accordance with the regulations.

Apportionment of Ontario’s costs

(2)The Director shall apportion the municipal share of the costs incurred by the Ministry under this Act in accordance with the regulations. 1997, c. 25, Sched. A, s. 53.

Payment by municipalities

54.(1)Each municipality shall pay the amounts required to be provided by it for its share of the delivery agent’s costs under this Act to the delivery agent for its geographic area, on demand.

Same, if agreement under s. 49

(2)If a person is acting as a delivery agent under an agreement under section 49, each municipality shall pay the amounts required to be provided by it for its share of the delivery agent’s costs under this Act to Ontario, in accordance with the regulations.

Same, for Ontario’s costs

(3)Each municipality shall pay to Ontario the amounts required to be provided by it under this Act with respect to the municipal share of the costs incurred by the Ministry under this Act.

Penalty

(4)The delivery agent or Ontario, as the case may be, may charge a municipality the prescribed interest and penalty for non-payment of amounts payable under this section. 1997, c. 25, Sched. A, s. 54.

Ontario to collect money from territory without municipal organization

55.  The amount required to be provided by persons living in territory without municipal organization with respect to the costs incurred under this Act by delivery agents, persons under an agreement under section 49 and the Ministry may be recovered by the Crown as taxes imposed on property taxable under the Provincial Land Tax Act. 1997, c. 25, Sched. A, s. 55.

Note: Effective January 1, 2009, section 55 is repealed by the Statutes of Ontario, 2006, chapter 33, Schedule Z.3, subsection 26 (1) and the following substituted:

Collection, territory without municipal organization

55.  The amount required to be provided by persons living in territory without municipal organization with respect to the costs incurred under this Act by delivery agents, persons under an agreement under section 49 and the Ministry may be collected under the Provincial Land Tax Act, 2006 as if the amount was tax imposed under it. 2006, c. 33, Sched. Z.3, s. 26 (1).

See: 2006, c. 33, Sched. Z.3, ss. 26 (1), 34 (2).

Deduction of amounts owed

56.(1)If a delivery agent owes an amount to Ontario under this or any other Act, the Minister may deduct that amount from an amount required to be paid under this or any other Act for which the Minister is responsible.

Same

(2)The Minister shall deduct an amount under this section in accordance with the regulations.

Reduction, etc., of amounts under other Acts

(3)The minister responsible for the administration of another Act may deduct from an amount payable to a person or body under the other Act any amount owed to Ontario under this Act.

Interest and penalty

(4)The Minister may charge a delivery agent the prescribed interest and penalty if the delivery agent does not pay to Ontario an amount required to be paid under this Act. 1997, c. 25, Sched. A, s. 56.

Fraud control unit

57.(1)The Director may establish a social assistance fraud control unit.

Local fraud control unit

(2)Each delivery agent may establish a local fraud control unit.

Mandate

(3)A fraud control unit established under subsections (1) or (2) may investigate eligibility of present and past applicants and recipients, including possible violations of this Act, the Ontario Disability Support Program Act, 1997, the Family Benefits Act, the General Welfare Assistance Act and the Vocational Rehabilitation Services Act.

Law enforcement

(4)Persons engaged in investigations for the purposes of this section or section 58 shall be deemed to be engaged in law enforcement for the purposes of the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act. 1997, c. 25, Sched. A, s. 57.

Eligibility review officers

58.(1)The Director or an administrator may designate persons as eligibility review officers.

Same

(2)An eligibility review officer may investigate a person’s past or present eligibility for payments under this Act, the Ontario Disability Support Program Act, 1997, the General Welfare Assistance Act, the Family Benefits Act and the Vocational Rehabilitation Services Act and for that purpose has the prescribed powers including the authority to apply for and act under a search warrant. 1997, c. 25, Sched. A, s. 58.

Family support workers

59.(1)An administrator may designate persons as family support workers to assist applicants, recipients and dependants in taking whatever action is necessary to pursue financial support from persons with a legal obligation to provide it.

Same

(2)Family support workers have the prescribed powers and duties including the authority to collect and disclose personal information for purposes of assisting in legal proceedings for support and in the enforcement of agreements, orders and judgments relating to support. 1997, c. 25, Sched. A, s. 59.

PART IV
SOCIAL BENEFITS TRIBUNAL

Social Benefits Tribunal

60.(1)A tribunal to be known in English as the Social Benefits Tribunal and in French as Tribunal de l’aide sociale is hereby established.

Same

(2)The Tribunal shall conduct those hearings and carry out those duties that are assigned to it by or under this Act or any other Act. 1997, c. 25, Sched. A, s. 60.

Members of Tribunal

61.(1)The members of the Tribunal shall be appointed by order of the Lieutenant Governor in Council subject to the conditions set out in the order.

Remuneration

(2)The members of the Tribunal shall be paid the remuneration and expenses determined from time to time by the Lieutenant Governor in Council. 1997, c. 25, Sched. A, s. 61.

Chair and vice-chairs

62.  (1)  The Lieutenant Governor in Council shall appoint one member of the Tribunal as Chair and one or more other members as vice-chair. 2006, c. 19, Sched. E, s. 3 (3).

Same

(2)  If the Chair is absent or unable to act or the office of Chair is vacant, a person designated by the Minister has and shall exercise the jurisdiction and power of the Chair including the power to complete any unfinished matter. 1997, c. 25, Sched. A, s. 62 (2).

Employees

63.  Such employees as are considered necessary for the proper conduct of the business of the Tribunal may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 106.

Hearing by one or more members

64.(1)The Chair of the Tribunal may authorize one or more members of the Tribunal to conduct a hearing and those members have all the powers of the Tribunal for the purpose of the hearing and any decision of those members shall be a decision of the Tribunal.

Same

(2)If the Chair authorizes more than one member of the Tribunal to preside over a hearing, the Chair shall designate one of them as the presiding member of the panel conducting the hearing. 1997, c. 25, Sched. A, s. 64.

Sittings

65.(1)Sittings of the Tribunal may be held at the places in Ontario and in the manner and at the times the Tribunal considers most convenient for the proper discharge and speedy dispatch of its business.

Same

(2)The Tribunal may hold a hearing by means of a paper hearing and shall hold a hearing by means of a paper hearing where prescribed. 1997, c. 25, Sched. A, s. 65.

Hearings

66.(1)Despite the Statutory Powers Procedure Act, all hearings of the Tribunal shall be heard in private.

Prior consideration, communication