Ontario Works Act, 1997

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.

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”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “assistance” in section 2 of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 21, s. 1 (2)) “assistance” means employment and life stabilization assistance and basic financial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; (“grou…

PART I ELIGIBILITY FOR AND PROVISION OF ASSISTANCE

3 There are two forms of assistance under this Act: employment assistance and basic financial assistance. 1997, c. 25, Sched. A, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 22 - not in force

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. Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 21, s. 2)

4 Employment and life stabilization assistance is the prescribed assistance to help a person to become and stay employed. 2021, c. 25, Sched. 21, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 2 - not in force

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.

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. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 22 - not in force

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…

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.

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.

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, Youth and Family Services Act, 2017; and (f) the adult and the child meet any other prescribed conditions of eligibility. 1997, c. 25, Sched. A, s. 10; 2017, c. 14, Sched. 4, s. 24. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 24 - 30/04/2018

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.

12 Repealed: 2009, c. 33, Sched. 8, s. 5 (1). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 50 (1) - 01/03/2000 2005, c. 5, s. 54 (1) - 13/06/2005 2009, c. 33, Sched. 8, s. 5 (1) - 15/12/2009

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.

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.

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.

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 and life stabilization 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. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 22 - not in force

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 sect…

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.

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 declared in writing by the Director to be a debt due to the Crown in right of Ontario. 2021, c. 25, Sched. 21, s. 4. Debt due to Ministry as delivery agent (2.2) For greater certainty, a debt due to the Ministry as a delivery agent is a debt due to the Crown in right of Ontario. 2021, c. 25, Sched. 21, s. 4. Recovery of overpayments from other programs (3) An overpaymen…

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.

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 S…

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.

22.1 The Crown in right of Ontario may recover an overpayment that is a debt due to the Crown or that has been deemed or declared 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); 2021, c. 25, Sched. 21, s. 5. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. E, s. 3 (2) - 22/06/2006 2021, c. 25, Sched. 21, s. 5 - 01/09/2023

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 deduct…

PART II EFFECTIVE DATE OF DECISIONS, INTERNAL REVIEW AND APPEALS

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.

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. 1997, c. 25, Sched. A, s. 25 (1). When decision is final (2) An administrator’s decision that may not be appealed is final when it is made. 1997, c. 25, Sched. A, s. 25 (2). 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 earliest of the day the prescribed time for completing the internal review expires, the day the results of the completed internal review are received and the day the results of the completed internal review are deemed to be received under section 68, if an internal review has been requested. 1997, c. 25, Sched. A, s. 25 (3); 2009, c. 33, Sched. 8, s. 5 (2).…

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 respec…

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.

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 ad…

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

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.

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.

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.

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.

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.

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.

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 directi…

PART III ADMINISTRATION OF THE ACT

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

38 (1) The Minister may by regulation designate the Ministry or a municipality, band or board as a delivery agent for each geographic area to exercise the powers and duties of a delivery agent in that geographic area. 2021, c. 25, Sched. 21, s. 6. Terms and conditions (2) The Minister may attach terms and conditions to a designation under subsection (1). 1997, c. 25, Sched. A, s. 38 (2). Revoke designation (3) The Minister may revoke a designation under this section. 1997, c. 25, Sched. A, s. 38 (3). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 6 - 01/09/2023

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. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 22 - not in force

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.

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.

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.

43 (1) With respect to geographic areas in which the Ministry is not the delivery agent, 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. 2021, c. 25, Sched. 21, s. 7. Administrator appointed, Ministry as delivery agent (2) With respect to geographic areas in which the Ministry is the delivery agent, the Minister shall appoint an employee of the Ministry as administrator to oversee the administration of this Act and the provision of assistance in the delivery agent’s geographic area. 2021, c. 25, Sched. 21, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 7 - 01/09/2023

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. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 22 - not in force

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. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. E, s. 4 - 22/12/1999

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.

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.

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.

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 …

50 (1) With respect to a geographic area in which the Ministry is the delivery agent, the Minister may by regulation, designate a municipality or district social services administration board as a delivery partner to exercise the powers and duties prescribed by the Minister to the delivery partner. 2021, c. 25, Sched. 21, s. 8. More than one geographic area (2) For greater certainty, the same delivery partner may be designated in more than one geographic area and more than one delivery partner may be designated in any geographic area. 2021, c. 25, Sched. 21, s. 8. Terms and conditions (3) The Minister may attach terms and conditions to a designation or prescription under subsection (1). 2021, c. 25, Sched. 21, s. 8. Revoke designation (4) The Minister may revoke a designation under this section. 2021, c. 25, Sched. 21, s. 8. Section Amendments with date in force (d/m/y) 2021, c. 25, Sche…

50.1 (1) A delivery partner is responsible for the powers and duties relating to the administration of this Act and the provision of assistance that have been prescribed by the Minister to the delivery partner in the delivery partner’s geographic area. 2021, c. 25, Sched. 21, s. 8. Standard of delivery partner (2) A delivery partner shall meet the standards prescribed by the Minister in its performance of its powers and duties and follow the procedures and practices prescribed by the Minister. 2021, c. 25, Sched. 21, s. 8. Decision made by delivery partner (3) A decision made by a delivery partner respecting a power or duty that is prescribed by the Minister shall be deemed to be a decision of the administrator. 2021, c. 25, Sched. 21, s. 8. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 8 - 01/09/2023

50.2 A delivery partner shall pay the costs assigned to it by the regulations. 2021, c. 25, Sched. 21, s. 8. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 8 - 01/09/2023

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.

52 (1) With respect to geographic areas in which the Ministry is not the delivery agent, 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. 1997, c. 25, Sched. A, s. 52 (1); 2021, c. 25, Sched. 21, s. 9 (1). Payments to delivery partner (1.1) With respect to geographic areas in which the Ministry is the delivery agent, the Minister shall pay to every delivery partner, (a) an amount determined in accordance with the regulations for Ontario’s share of the delivery partner’s costs incurred under this Act; and (b) if there is…

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. 1997, c. 25, Sched. A, s. 53 (1). Same, delivery partners (1.1) If a geographic area includes more than one municipality, the municipalities’ share of a delivery partner’s costs incurred under this Act shall be apportioned among the prescribed municipalities in accordance with the regulations. 2021, c. 25, Sched. 21, s. 10. 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 (2). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 10 - 01/09/2023

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. 1997, c. 25, Sched. A, s. 54 (1). Same, delivery partner (1.1) Each municipality shall pay the amounts required to be provided by it for its share of a delivery partner’s costs under this Act to the delivery partner for its geographic area, on demand. 2021, c. 25, Sched. 21, s. 11 (1). 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. 1997, c. 25, Sched. A, s. 54 (2). Same, for Ontario’s costs (3) Each municipality shall pay to Ontario the amounts required to b…

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, delivery partners, 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); 2021, c. 25, Sched. 21, s. 12. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 26 (1) - 01/01/2009 2021, c. 25, Sched. 21, s. 12 - 01/09/2023

56 (1) If a delivery partner or delivery agent other than the Ministry 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. 1997, c. 25, Sched. A, s. 56 (1); 2021, c. 25, Sched. 21, s. 13 (1). Same (2) The Minister shall deduct an amount under this section in accordance with the regulations. 1997, c. 25, Sched. A, s. 56 (2). 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. 1997, c. 25, Sched. A, s. 56 (3). Interest and penalty (4) The Minister may charge a delivery partner or delivery agent other than the Ministry the prescribed interest and penalty if the delivery partner …

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.

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.

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

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.

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.

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). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. E, s. 3 (3) - 22/06/2006

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. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 106 - 20/08/2007

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.

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.

66 (1) Despite the Statutory Powers Procedure Act, all hearings of the Tribunal shall be heard in private. Prior consideration, communication (2) Subject to subsection (3), members of the Tribunal holding a hearing, (a) shall not have taken part in any investigation or consideration of the subject-matter of the hearing before the hearing; and (b) shall not communicate directly or indirectly in relation to the subject-matter of the hearing with a person except upon notice to and opportunity for all parties to participate. Advice to the Tribunal (3) The Tribunal may seek legal advice from an adviser independent from the parties, and members of the Tribunal may at any time consult with other members of the Tribunal. (4) Repealed: 2024, c. 28, Sched. 25, s. 8. Financial hardship (5) If a request for a hearing has been made and the Tribunal is satisfied that there will be financial hardship t…

67 (1) The Tribunal shall not make a decision in an appeal under this Act that the administrator would not have authority to make. Same (2) The Tribunal shall not inquire into or make a decision concerning, (a) the constitutional validity of a provision of an Act or a regulation; or (b) the legislative authority for a regulation made under an Act. 1997, c. 25, Sched. A, s. 67.

PART V GENERAL

68 If notice is given by ordinary mail, it shall be deemed to be received on the third day following the date of mailing. 1997, c. 25, Sched. A, s. 68.

69 (1) The Director and any person or class of persons designated by the Director is, in the performance of his or her duties under this Act, a commissioner for taking affidavits within the meaning of the Commissioners for Taking Affidavits Act. 1997, c. 25, Sched. A, s. 69 (1); 2020, c. 7, Sched. 4, s. 17. Same (2) An administrator and any person or class of persons designated by the administrator is, in the performance of his or her duties under this Act, a commissioner for taking affidavits within the meaning of the Commissioners for Taking Affidavits Act. 1997, c. 25, Sched. A, s. 69 (2); 2020, c. 7, Sched. 4, s. 17. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 4, s. 17 - 12/05/2020

70 (1) If a person suffers a loss as a result of a wrongful act or omission of another person and if, as a result of the loss, the person receives assistance under this Act, the Director or delivery agent is subrogated to any right of the person to recover damages or compensation for the loss. Same (2) A proceeding may be commenced in the name of the Director or delivery agent or in the name of the person who suffered the loss. Same (3) A claim under this section shall not exceed the total of, (a) the costs incurred as a result of the loss for past assistance provided to the person; (b) the costs likely to be incurred as a result of that loss for future assistance; (c) the costs incurred as a result of that loss for social assistance provided under the General Welfare Assistance Act, the Family Benefits Act or the Ontario Disability Support Program Act, 1997, or assistance under the Voca…

71 (1) The Minister may enter into an agreement with respect to the collection, use and disclosure of information with the following: 1. The Government of Canada or a department, ministry or agency of it. 2. The government of a province or territory in Canada or a department, ministry or agency of it. 3. The government of the United States or the government of a state of the United States or a department or agency of either. 4. A body that is an institution under the Freedom of Information and Protection of Privacy Act or under the Municipal Freedom of Information and Protection of Privacy Act. 5. The government of another country or a department or agency of it. 6. Other prescribed bodies. 1997, c. 25, Sched. A, s. 71 (1). Disclosure of personal information (2) The Minister may disclose to a government or body referred to in subsection (1) personal information referred to in subsection …

72 (1) A delivery agent or delivery partner may, with the approval of the Director, enter into an agreement with a government or body referred to in subsection 71 (1) with respect to the collection, use and disclosure of information. 1997, c. 25, Sched. A, s. 72 (1); 2021, c. 25, Sched. 21, s. 15 (1). Disclosure of information (2) A delivery agent or delivery partner may disclose personal information collected for the purpose of administering or enforcing this Act to any government or body with whom the delivery agent or delivery partner, as the case may be, has made an agreement referred to in subsection (1) if, (a) the disclosure is made in accordance with the agreement; (b) the government or body administers or enforces a social benefit program or is conducting research related to a social benefit program or the information relates to the administration or enforcement of or research r…

72.1 (1) The Minister of Labour, Immigration, Training and Skills Development may collect personal information, including indirectly, on behalf of the Minister of Children, Community and Social Services or the Director in connection with the administration of this Act. 2023, c. 15, Sched. 7, s. 1 (1). Restrictions on access (2) For greater certainty, the authority conferred by subsection (1) is limited to the collection of personal information, and the Minister of Labour, Immigration, Training and Skills Development shall not access personal information collected under that subsection unless otherwise authorized by law to do so. 2023, c. 15, Sched. 7, s. 1 (1). Disclosure (3) The Minister of Labour, Immigration, Training and Skills Development may disclose personal information collected under subsection (1) to the Minister of Children, Community and Social Services, a delivery agent or a…

73 The Minister, the Director and each delivery agent and delivery partner may share with one another and with the Director under the Ontario Disability Support Program Act, 1997 and any persons exercising the Director’s powers and duties under section 39 of that Act personal information in their possession and collected under this Act, the Ontario Disability Support Program Act, 1997, the Family Benefits Act, the General Welfare Assistance Act or the Vocational Rehabilitation Services Act if the information is necessary for the purposes related to their powers and duties under this Act or the Ontario Disability Support Program Act, 1997. 1997, c. 25, Sched. A, s. 73; 2021, c. 25, Sched. 21, s. 16. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 16 - 01/09/2023

73.1 (1) The Labour Relations Act, 1995 does not apply with respect to participation in a community participation activity under this Act. Unionization for participants prohibited (2) Without limiting the generality of subsection (1), under the Labour Relations Act, 1995 no person shall do any of the following with respect to his or her participation in a community participation activity: 1. Join a trade union. 2. Have the terms and conditions under which he or she participates determined through collective bargaining. 3. Strike. 1998, c. 17, s. 1. Note: On a day to be named by proclamation of the Lieutenant Governor, section 73.1 of the Act is repealed. (See: 2021, c. 25, Sched. 21, s. 17) Section Amendments with date in force (d/m/y) 1998, c. 17, s. 1, 2 (1-3) - 18/12/1998; 1998, c. 17, s. 3 - not in force 2021, c. 25, Sched. 21, s. 17 - not in force

74 (1) The Lieutenant Governor in Council may make regulations, 1. prescribing the persons to be included in a benefit unit; 2. respecting the determination of budgetary requirements, income and assets and the maximum value of assets permitted; 3. respecting the determination of the amount of assistance to be provided and the time and manner of providing it, including who is eligible to receive the assistance and how to determine what portion of assistance is provided with respect to each person; 4. respecting employment assistance and the standards delivery agents must meet in providing employment assistance; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 74 (1) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 21, s. 18 (1)) 4. respecting employment and life stabilization assistance and the standards delive…

75 (1) Where this Act or the regulations authorize a person to collect or use personal information, biometric information may be collected or used only for the following purposes: 1. To ensure that an individual is registered only once as an applicant, recipient, spouse or dependent adult. 2. To authenticate the identity of an individual who claims to be entitled to assistance. 3. To enable an individual to receive and give receipt for assistance provided through a financial institution or other authorized provider. 4. To enable an applicant, recipient, spouse or dependent adult to access personal information. 5. To enable an individual to make a declaration electronically by voice or other means for any purposes authorized under this Act. 6. To match data in accordance with an agreement made under section 71 or 72 for the purpose of ensuring eligibility for assistance or benefits. 1997,…

76 (1) Where this Act or the regulations require an individual’s signature, one or more of the individual’s personal identification number (PIN), password, biometric information or photographic image may be used in the place of his or her signature to authenticate the individual’s identity and to act as authorization of or consent to a transaction relating to an application for or the receipt of assistance. Same (2) If a person collects an individual’s personal identification number (PIN), password, biometric information or photographic image under this Act, it shall be recorded and stored in a secure electronic environment. 1997, c. 25, Sched. A, s. 76.

77 (1) No action or other proceeding in damages shall be instituted against the Ministry, the Director, a delivery agent, a delivery partner, an officer or employee of any of them or anyone acting under their authority for any act done in good faith in the execution or intended execution of a duty or authority under this Act or for any alleged neglect or default in the execution in good faith of any duty or authority under this Act. 1997, c. 25, Sched. A, s. 77 (1); 2021, c. 25, Sched. 21, s. 19. Liability of Crown (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 1997, c. 25, Sched. A, s. 77 (2); 2019, c. 7, Sched. 17, s. 138. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched…

78 (1) If a delivery agent other than the Ministry fails to properly exercise a power or duty under this Act or the regulations, the Minister may deduct from the amount payable by Ontario a portion of the delivery agent’s share of the cost of administering this Act and providing assistance, in accordance with the regulations. 1997, c. 25, Sched. A, s. 78 (1); 2021, c. 25, Sched. 21, s. 20 (1). Penalty, delivery partner (2) If a delivery partner fails to properly exercise a power or duty under this Act or the regulations, the Minister may deduct from the amount payable by Ontario a portion of the delivery partner’s share of the cost of administering this Act and providing assistance, in accordance with the regulations. 2021, c. 25, Sched. 21, s. 20 (2). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 20 (1, 2) - 01/09/2023

79 (1) No person shall knowingly obtain or receive assistance to which he or she is not entitled under this Act and the regulations. Same (2) No person shall knowingly aid or abet another person to obtain or receive assistance to which the other person is not entitled under this Act and the regulations. Obstruction (3) No person shall obstruct or knowingly give false information to a person engaged in investigations for the purposes of section 57 or 58. Penalty (4) A person who contravenes subsection (1), (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both. 1997, c. 25, Sched. A, s. 79.