Ontario Guaranteed Annual Income Act

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Sections38

• 1Interpretation

  1 (1) In this Act, “allowance” means, unless the context indicates otherwise, an allowance authorized to be paid under Part III of the Old Age Security Act (Canada); (“allocation”) “applicant” means a person who has applied for an increment; (“auteur de la demande”) “application” means an application for an increment under this Act; (“demande”) “base calendar year” means the calendar year ending next before the commencement of the current fiscal year; (“année de référence”) “basic monthly income” of a beneficiary for a month means, (a) for any month in which the beneficiary is unmarried and is not in a common-law partnership, and for which the beneficiary is entitled to receive in the month a pension or a supplement, an amount equal to the sum of one-twelfth of his or her income for the base calendar year, plus the amount of any pension or supplement that the beneficiary is entitled to r…

• 1.
• 1.1Maximum increment

  1.1 (1) In this section, “base maximum increment” means the amount by which one-twelfth of the guaranteed income limit applicable to a beneficiary in respect of a quarter exceeds the sum of the maximum pension payable to an individual for a month in the quarter and the maximum supplement payable to a single or married individual, as the case may be, for a month in the quarter; (“supplément provincial maximal de base”) “change to the cost of living” means, for a given fiscal year, the amount calculated using the following formula and rounded to the nearest thousandth: (A ÷ B) - 1 in which, “A” represents the cost of living index for the fiscal year in question, and “B” represents the cost of living index for the fiscal year immediately preceding the fiscal year in question; (“variation du coût de la vie”) “cost of living index” means, for a given fiscal year, the average Consumer Price In…

• 2.
• 2Eligibility for monthly benefit

  2 (1) Subject to this Act and the regulations, a monthly benefit may be paid for any month after the month of June, 1977 to every person who is not eligible on the 30th day of June, 1977 to be paid an increment and who, (a) has attained sixty-five years of age or such lesser age as may be prescribed; (b) is actually resident in Ontario and is entitled to receive a partial monthly pension authorized to be paid under subsection 3 (2) of the Old Age Security Act (Canada) and to receive a supplement that is paid to the person or to his or her credit through the Ontario regional office of the Income Security Programs Branch of Human Resources Development Canada; (c) has resided in Canada, after attaining eighteen years of age and prior to the day on which his or her application is approved, for a period or periods the aggregate of which is not less than ten years and not more than forty years…

• 3.
• 3Payment of increment

  3 (1) Subject to this Act and the regulations, an increment may be paid to every eligible person for each month in a fiscal year, such that the first payment shall be made for the month following the month in which the beneficiary’s qualifying date occurs or, where an application is received after the applicant’s qualifying date, for the month following the month in which the application is approved. R.S.O. 1990, c. O.17, s. 3 (1). Amount (1.1) The increment is an amount equal to, (a) if the increment is payable for a month before July 2024, the amount by which one-twelfth of the guaranteed income limit applicable to a beneficiary exceeds the beneficiary’s basic monthly income for the month for which the payment authorized under this Act is being made; or (b) if the increment is payable for July 2024 or a subsequent month, an amount calculated in the same manner as a “monthly benefit” un…

• 4.
• 4Minister may act on information furnished

  4 (1) In order to facilitate the carrying out of the intent and purpose of this Act, or for the purpose of ascertaining any fact necessary to establish that a person who has applied for or is entitled to a supplement is or is not entitled to an increment, the Minister may act upon any decision made by the Minister of National Health and Welfare of the Government of Canada or by a court or tribunal to which an appeal is taken as provided for in the Old Age Security Act (Canada) or may act upon any statement or information furnished under that Act, and for the purpose of determining the entitlement of any person to an increment or of determining the amount thereof, the Minister may treat an application under the Old Age Security Act (Canada) for a supplement or a statement of income furnished under that Act as an application or statement, as the case requires, under this Act, and when so t…

• 5.
• 5Time of payment

  5 (1) Subject to section 3 and subject to the regulations, an application may be approved and increments paid from any date that is prior to that on which the application was received and that is neither earlier than the date eleven months before the application was received nor earlier than the earliest date in such prior period on which the applicant could be approved as an eligible person, and where the applicant would be an eligible person if his or her application were approved on or after the day on which the application was received, the application may be approved and increments paid from the first day on or after the receipt of the application on which the applicant could be approved as an eligible person, but if the applicant cannot be approved as an eligible person within the three months following the month in which his or her application was received, the application may be …

• 6.
• 5.1Payment, January 1, 2023 to December 31, 2023

  5.1 The amount of an increment payment to an eligible person for the period beginning on January 1, 2023 and ending on December 31, 2023 is the amount payable under section 2 multiplied by 2. 2022, c. 23, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 23, Sched. 6, s. 1 - 08/12/2022

• 7.
• 6Statement of income to be made

  6 (1) Every applicant in respect of a current fiscal year shall in his or her application make a statement of his or her income for the base calendar year. R.S.O. 1990, c. O.17, s. 6 (1). Minister may estimate income (1.1) If, by reason of subsection 3 (2.1), an applicant is not required to make an application for payment of an increment for any month, the Minister may, on the basis of any information available to the Minister, (a) estimate the applicant’s income for the base calendar year; and (b) in the case of an applicant who is a person described in subsection 15 (2) of the Old Age Security Act (Canada), as modified by section 7 of this Act, estimate the income of the applicant’s spouse or common-law partner for the base calendar year. 1999, c. 9, s. 171 (1); 2000, c. 42, s. 83 (1). Additional statement where retirement in current fiscal year (2) Where in any current fiscal year an …

• 8.
• 7Information required with application

  7 (1) Section 15 of the Old Age Security Act (Canada) shall be deemed to be a part of this Act and, for such purpose, references in that section to the following words or expressions shall be read as indicated: 1. References to a supplement shall be read as if they were references to an increment. 2. References to a payment period shall be read as if they were references to a fiscal year. 3. References to a pensioner shall have the meaning given to that term by section 2 of that Act. 4. References to prescribed forms shall be read as if they were references to forms prescribed for the purposes of that Act, unless the Minister of Finance has approved forms for use under this Act in their place. 5. References to subsection 11 (4) of that Act shall be read as if they were references to subsection 3 (2.1) of this Act. 6. References to subsection 14 (1.1) of that Act shall be read as if they …

• 9.
• 10.
• 8Adjustment of increment

  8 (1) Where an application in respect of a fiscal year is approved, and it is subsequently determined that the income of the applicant for the base calendar year calculated as required by this Act (hereinafter referred to as “actual income”) does not accord with his or her income (hereinafter referred to as “shown income”) calculated as required by this Act on the basis of a statement required or permitted by section 6 to be made or filed by him or her, (a) where the applicant’s actual income exceeds his or her shown income, any amount by which the increment paid to the applicant for months in that fiscal year exceeds the increment that would have been paid to him or her for those months if the applicant’s shown income had been equal to his or her actual income, may be deducted and retained out of any subsequent payments of such increment made to the applicant in such manner as may be pr…

• 11.
• 9Minister to consider applications

  9 (1) The Minister forthwith upon receiving an application shall consider the application, and the Minister may, (a) approve payment of an increment and determine the amount thereof that may be paid to the applicant; or (b) determine that no increment may be paid to the applicant. R.S.O. 1990, c. O.17, s. 9 (1). Minister to furnish particulars (2) Where particulars of the basis on which the amount of any increment that may be paid to an applicant was determined by the Minister are requested by the applicant, or where the Minister determines that no increment may be paid to an applicant, the Minister shall forthwith, in writing, notify the applicant of the basis upon which the amount was determined or of the basis upon which the Minister’s determination was reached that no increment may be paid and shall notify the applicant of his or her right of appeal under this section. R.S.O. 1990, c…

• 10Recovery of increment to which recipient not entitled

  10 (1) Where a person receives or obtains the payment of an increment to which he or she is not entitled or the payment of an amount in excess of the increment to which he or she is entitled, the person shall forthwith return to the Minister such increment or excess amount, as the case may be. R.S.O. 1990, c. O.17, s. 10 (1). Idem (2) Where a person receives or obtains the payment of an increment to which he or she is not entitled or the payment of an amount in excess of the increment to which he or she is entitled, the amount or excess amount, as the case may be, may be recovered in any court of competent jurisdiction as a debt due to the Crown in proceedings commenced, (a) at any time, where that person made a wilful misrepresentation or committed fraud for the purpose of receiving or obtaining the amount or excess amount; or (b) where clause (a) is not applicable, at any time before t…

• 12.
• 11Confidentiality

  11 (1) Except as provided in subsection (2), all information obtained under this Act by any officer, employee or agent of the Ministry of Finance is privileged and confidential, and no such officer, employee or agent shall knowingly communicate or allow to be communicated to any person not legally entitled thereto any such information, or allow any person not legally entitled to do so to inspect or have access to any statement or other writing containing such information. R.S.O. 1990, c. O.17, s. 11 (1); 1999, c. 9, s. 174 (1). Disclosure of information (2) Any information referred to in subsection (1) that is obtained by any officer, employee or agent of the Ministry of Finance in the administration of this Act may be communicated, (a) to any officer or employee of the Ministry of Community and Social Services, Human Resources Development Canada, the Department of National Revenue and t…

• 13.
• 12Increment not assignable

  12 An increment shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security an increment is void. R.S.O. 1990, c. O.17, s. 12.

• 14.
• 13Payment after death

  13 (1) Where an applicant or a beneficiary entitled to receive an increment dies, the Minister may pay any increment to which the applicant or beneficiary was entitled at his or her death to the executor or administrator of his or her estate or, if no executor or administrator is, in the opinion of the Minister, likely to be appointed or granted letters probate, to such applicant’s or beneficiary’s surviving spouse or common-law partner or to the person who appears to the Minister to be discharging the duties of executor or administrator of the deceased applicant’s or beneficiary’s estate, although not so constituted or appointed by the Superior Court of Justice. R.S.O. 1990, c. O.17, s. 13 (1); 2000, c. 42, s. 84; 2006, c. 19, Sched. C, s. 1 (1). Where increment may be paid to a trustee, etc. (2) In the case of a beneficiary, (a) for whom a committee or trustee is acting; or (b) who, in…

• 15.
• 14Liability to Crown not to increase increment

  14 Where a deduction is made from an increment payable under this Act or from any payment under a statute of Canada or of a province of Canada that is relevant in determining the income for the base calendar year of the person to whom any increment may be paid under this Act, and the deduction is made by the Crown to reduce or discharge a liability to the Crown of the person, such person’s entitlement under this Act shall not thereby be increased. R.S.O. 1990, c. O.17, s. 14.

• 16.
• 15Audit and inspection

  15 (1) Any person authorized by the Minister for any purpose related to the administration or enforcement of this Act may at all reasonable times enter into any premises or place where any business is carried on or any property is kept or where anything is done in connection with any business or where any books or records are kept and, (a) audit or examine the books and records and any account, voucher, letter, telegram or other document that relates or may relate to the information that is or should be in the books or records or to the amount of an increment payable under this Act; (b) examine property described in any conveyance or any property, process or matter, an examination of which may, in the person’s opinion, assist him or her in determining the accuracy of any application required by this Act or in ascertaining the information that is or should be in the books or records or in…

• 17.
• 16Offence

  16 (1) Every person who does any of the following is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $1,000: 1. Knowingly, makes a false or misleading statement in an application or statement required or permitted by this Act, and does so for the purpose of obtaining a payment of an increment under this Act to which the person is not entitled or to which a person on whose behalf the person is acting is not entitled. 2. Knowingly, fails to disclose any information that is required to be disclosed and by reason thereof obtains a payment of an increment under this Act to which the person is not entitled or to which a person on whose behalf the person is acting is not entitled. 3. Knowingly, converts to the person’s own use a payment of an increment under this Act to which the person is not entitled. Idem (2) Every person who contravenes sect…

• 18.
• 17Regulations

  17 (1) Repealed: 1997, c. 19, s. 17 (2). Same (2) The Lieutenant Governor in Council may make regulations respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, and without limiting the generality of the foregoing, may make regulations, (a) prescribing the amount of the guaranteed income limit; (b) prescribing the evidence to be furnished to the Minister to establish facts relevant to the entitlement of any person to receive an increment and to establish the amount of such increment; (c) authorizing a designated officer or class of officers employed by the Government of Ontario to exercise powers or perform duties of the Minister under this Act; (d) prescribing amounts that may be included in or excluded from defined income or income for the base calendar year; (e) defining intervals of absence from Ontario that shall be deemed not to ha…

• 18Forms

  18 The Minister may approve the use of forms for any purpose of this Act and the forms may provide for such information to be furnished as the Minister may require. 1997, c. 19, s. 17 (3). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 17 (3) - 10/10/1997 ______________