Ontario Disability Support Program Act, 1997

1 The purpose of this Act is to establish a program that, (a) provides income and employment supports to eligible persons with disabilities; (b) recognizes that government, communities, families and individuals share responsibility for providing such supports; (c) effectively serves persons with disabilities who need assistance; and (d) is accountable to the taxpayers of Ontario. 1997, c. 25, Sched. B, s. 1.

2 In this Act, “applicant” means a person who applies for income support or on whose behalf such an application is made; (“auteur de demande”) “benefit unit” means a person and all of his or her dependants on behalf of whom the person receives or applies for income support; (“groupe de prestataires”) “benefits” means the prescribed items, services or payments, but does not include extended health benefits; (“prestations”) “biometric information” means information derived from an individual’s unique characteristics but does not include a photographic or signature image; (“renseignements biométriques”) “Director” means the Director of the Ontario Disability Support Program 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 …

PART I ELIGIBILITY FOR AND PAYMENT OF INCOME SUPPORT

3 (1) Income support shall be provided to a person with a disability, as determined under section 4, and to a person of a prescribed class. 1997, c. 25, Sched. B, s. 3 (1). Who are the beneficiaries (2) Income support shall be provided for the benefit of the eligible person and his or her dependants. 1997, c. 25, Sched. B, s. 3 (2).

4 (1) A person is a person with a disability for the purposes of this Part if, (a) the person has a substantial physical or mental impairment that is continuous or recurrent and expected to last one year or more; (b) the direct and cumulative effect of the impairment on the person’s ability to attend to his or her personal care, function in the community and function in a workplace, results in a substantial restriction in one or more of these activities of daily living; and (c) the impairment and its likely duration and the restriction in the person’s activities of daily living have been verified by a person with the prescribed qualifications. 1997, c. 25, Sched. B, s. 4 (1). Determination (2) A determination under this section shall be made by a person appointed by the Director. 1997, c. 25, Sched. B, s. 4 (2).

5 (1) No person is eligible for income support unless, (a) the person qualifies under subsection 3 (1); (b) the person is resident in Ontario; (c) 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; (d) the person and the prescribed dependants provide the information and the verification of information required to determine eligibility including, (i) information regarding personal identification, as prescribed, (ii) financial information, as prescribed, and (iii) any other prescribed information; and (e) the person and any dependants meet any other prescribed conditions relating to eligibility. 1997, c. 25, Sched. B, s. 5 (1). (2), (3) Repealed: 2021, c. 25, Sched. 21, s. 25 (1). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 25 (1) - 01/09/2023

6 In cases presenting exceptional circumstances and in which investigation shows the advisability of income support being provided to a person who is not eligible for it, the Lieutenant Governor in Council may by order direct that income support be provided to the person in accordance with the terms of the order. 1997, c. 25, Sched. B, s. 6.

7 Repealed: 2009, c. 33, Sched. 8, s. 4 (3). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 47 (1, 2) - 1/03/2000 2005, c. 5, s. 50 (1, 2) - 13/06/2005 2009, c. 33, Sched. 8, s. 4 (3) - 15/12/2009

8 (1) The Director shall in prescribed circumstances, as a condition of eligibility for income support, require an applicant, a recipient or a dependant to agree to reimburse the Director for the income support provided or to be provided. 1997, c. 25, Sched. B, s. 8 (1). Same (2) An agreement under subsection (1) may require an assignment, as prescribed. 1997, c. 25, Sched. B, s. 8 (2). 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 income support. 1997, c. 25, Sched. B, s. 8 (3).

9 (1) If an applicant, recipient or dependant fails to comply with or meet a condition of eligibility for income support, the Director shall, as prescribed, do one of the following: 1. Refuse to grant income support. 2. Declare the person ineligible for income support for the prescribed period. 3. Reduce or cancel the income support or that part of it provided for the benefit of the person who has failed to comply. 4. Suspend the income support or suspend that part of it provided for the benefit of the person who has failed to comply. 1997, c. 25, Sched. B, s. 9 (1). Re-instatement (2) If income support is suspended, reduced or cancelled under this section, it shall be returned to its former level or re-instated only in accordance with the regulations. 1997, c. 25, Sched. B, s. 9 (2).

10 (1) An application for income support shall be made in the prescribed manner and shall contain the prescribed information. 1997, c. 25, Sched. B, s. 10 (1). Same (2) Despite any decision of the Director, the Tribunal or a court, a further application for income support may be made by an applicant or recipient upon new or other evidence or if material circumstances have changed. 1997, c. 25, Sched. B, s. 10 (2).

11 The amount of income support to be provided and the time and manner of providing that support shall be determined in accordance with the regulations. 1997, c. 25, Sched. B, s. 11.

12 (1) The Director may appoint a person to act for a recipient if there is no guardian of property or trustee for the recipient and the Director is satisfied that the recipient is using or is likely to use his or her income support in a way that is not for the benefit of a member of the benefit unit. 1997, c. 25, Sched. B, s. 12 (1). Same (2) The Director may provide income support for the benefit of a recipient to the recipient’s guardian of property or trustee or to a person appointed under subsection (1). 1997, c. 25, Sched. B, s. 12 (2). Compensation (3) A person to whom income support is provided under subsection (2) 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. 1997, c. 25, Sched. B, s. 12 (3). Report and account (4) A person appointed under this section to act for a r…

13 A portion of income support 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. B, s. 13.

14 (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. B, s. 14 (1). Same (2) If a recipient or a dependant fails to honour an assignment or an agreement to reimburse the Director, the prescribed amount is an overpayment. 1997, c. 25, Sched. B, s. 14 (2). Overpayment a debt due to the Crown (2.1) An overpayment under this Act is a debt due to the Crown in right of Ontario. 2006, c. 19, Sched. E, s. 2 (3). Recovery of overpayments from other programs (3) An overpayment enforceable against a recipient or the recipient’s spouse under the Ontario Works 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) a delivery agent under the Ontario Works Act, 1997; (b) a w…

15 (1) The Director may recover the amount of an overpayment by deducting it from the recipient’s income support. 1997, c. 25, Sched. B, s. 15 (1). 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. B, s. 15 (2).

16 (1) The Director may give a recipient notice in writing of a decision determining that an overpayment exists and, if the Director does, the notice shall set out the amount of the overpayment and the prescribed information concerning the decision. 1997, c. 25, Sched. B, s. 16 (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. B, s. 16 (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 Co…

17 The Director may recover an overpayment as a debt due to the Crown in a court of competent jurisdiction, whether or not notice has been provided under section 16. 1997, c. 25, Sched. B, s. 17.

18 (1) Income support under this Act, (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. 1997, c. 25, Sched. B, s. 18 (1). Deduction re money owed for family support, etc. (2) Despite subsection (1), the Director may deduct a portion of income support 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. 1997, c. 25, Sched. B, s. 18 (2). Maximum amount deducted (3) The total amount deducted from income support under subsection (2) shall not exceed the prescribed amount unless the recipient agrees to a greater amount. 1997, c. 25, Sched. B, s. 18 (3).…

PART II EFFECTIVE DATE OF INCOME SUPPORT DECISIONS AND INTERNAL REVIEW AND APPEALS OF THOSE DECISIONS

19 The Director 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 it. 1997, c. 25, Sched. B, s. 19.

20 (1) A decision of the Director shall be effective from the date fixed by the Director, whether it is before, on or after the date of the decision. 1997, c. 25, Sched. B, s. 20 (1). When decision final (2) A Director’s decision that may not be appealed is final when it is made. 1997, c. 25, Sched. B, s. 20 (2). Same (3) A Director’s decision that may be appealed is final, (a) when the prescribed time for requesting 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 50, if an internal review has been requested. 1997, c. 25, Sched. B, s. 20 (3); 2009, c. 33, Sched. 8, s. 4 (4). Section Amendments with dat…

21 (1) Any decision of the Director affecting eligibility for or the amount of income support, assistance under section 49 or extended health benefits under section 49.1, other than a decision referred to in subsection (2), may be appealed to the Tribunal. 2006, c. 19, Sched. E, s. 2 (4); 2009, c. 33, Sched. 8, s. 4 (5). Exceptions (2) No appeal lies to the Tribunal with respect to the following matters: 1. A decision respecting discretionary income support. 2. A decision of the Lieutenant Governor in Council respecting income support in exceptional circumstances. 3. A decision to provide a portion of income support directly to a third party. 4. A variation, refusal or cancellation of income support caused by an amendment to this Act or the regulations. 5. A prescribed decision. 1997, c. 25, Sched. B, s. 21 (2). Employment supports, no appeal (3) No appeal lies to the Tribunal with respe…

22 (1) No appeal may be commenced unless an internal review has been requested. 1997, c. 25, Sched. B, s. 22 (1). Same (2) The request for internal review must be made within the prescribed time. 1997, c. 25, Sched. B, s. 22 (2). 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. 1997, c. 25, Sched. B, s. 22 (3). SPPA does not apply (4) The Statutory Powers Procedure Act does not apply to an internal review. 1997, c. 25, Sched. B, s. 22 (4).

23 (1) An applicant or recipient may appeal a decision of the Director 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. B, s. 23 (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. B, s. 23 (2). Same (3) An appeal to the Tribunal shall be commenced and conducted in accordance with the regulations. 1997, c. 25, Sched. B, s. 23 (3). Parties (4) The Director, 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. B, s. 23 (4). Notice to spouse (5) If an appeal relates to a determination of an over…

24 If there is a delivery agent under section 39, the delivery agent shall notify the Director of the prescribed appeals to the Tribunal and the Tribunal shall add the Director as a party, on his or her request. 1997, c. 25, Sched. B, s. 24.

25 (1) The Tribunal may direct the Director to provide the prescribed interim assistance to a 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. 1997, c. 25, Sched. B, s. 25 (1). Same (2) A recipient may receive interim assistance directed under subsection (1) only so long as he or she meets all conditions of eligibility for income support other than a condition relating to the issue under appeal. 1997, c. 25, Sched. B, s. 25 (2). Procedure (3) The Statutory Powers Procedure Act does not apply to proceedings of the Tribunal with respect to interim assistance. 1997, c. 25, Sched. B, s. 25 (3).

26 (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 Director for reconsideration in accordance with any directions the Tribunal considers proper. 1997, c. 25, Sched. B, s. 26 (1). Reasons (2) The Tribunal shall give reasons for its decision. 1997, c. 25, Sched. B, s. 26 (2). Same (3) The Director shall give effect to the Tribunal’s directions under this section. 1997, c. 25, Sched. B, s. 26 (3). 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. B, s. 26 (4).

27 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 incurred under this Act. 1997, c. 25, Sched. B, s. 27.

28 The Tribunal shall refuse to hear an appeal if it determines the appeal to be frivolous or vexatious. 1997, c. 25, Sched. B, s. 28. Appeal denied; jurisdiction of Tribunal

29 (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. 1997, c. 25, Sched. B, s. 29 (1). 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. B, s. 29 (2). Jurisdiction of Tribunal (3) The Tribunal shall not make a decision in an appeal under this Act that the D…

30 If the Director’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. B, s. 30.

31 (1) Any party to a hearing before the Tribunal may appeal the Tribunal’s decision to the Divisional Court on a question of law. 1997, c. 25, Sched. B, s. 31 (1). 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. 1997, c. 25, Sched. B, s. 31 (2). Notice (3) The person appealing shall serve the notice of appeal on any other party before the Tribunal. 1997, c. 25, Sched. B, s. 31 (3). Minister entitled to be heard (4) The Minister is entitled to be heard by counsel or otherwise on an appeal under this section. 1997, c. 25, Sched. B, s. 31 (4). 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)…

PART III EMPLOYMENT SUPPORTS

32 (1) The prescribed employment supports may be provided to a person described in subsection (2) in order to remove barriers to the person’s competitive employment and assist the person in attaining his or her competitive employment goal. 1997, c. 25, Sched. B, s. 32 (1). Who receives employment supports (2) Employment supports may be provided to a person if the person is eligible for income support under Part I or if, (a) the person has a physical or mental impairment that is continuous or recurrent and expected to last one year or more and that presents a substantial barrier to competitive employment; and (b) the fact that clause (a) applies to the person has been verified by a person with the prescribed qualifications. 1997, c. 25, Sched. B, s. 32 (2).

33 No person is eligible for employment supports under this Act unless he or she is qualified for them under section 32 and, (a) the person is resident in Ontario; (b) the person intends to and is able to prepare for, accept or maintain competitive employment; (c) the person is not a member of a class of persons prescribed to be ineligible for employment supports; and (d) the person enters into a funding agreement with a service co-ordinator based on a competitive employment plan. 1997, c. 25, Sched. B, s. 33.

34 An application for employment supports shall be made to the service co-ordinator for the geographic area in which the person applying resides. 1997, c. 25, Sched. B, s. 34.

35 (1) A service co-ordinator who receives an application shall determine, in accordance with this Act and the regulations, (a) whether the person applying is eligible for employment supports; and (b) the amount of financial contribution, if any, to be made by the person applying toward the cost of providing employment supports. 1997, c. 25, Sched. B, s. 35 (1). Same (2) A service co-ordinator shall not provide employment supports to a person who is found to be eligible under subsection (1) without first entering into an agreement with the person setting out the nature and amount of the supports to be provided and the conditions upon which those supports are to be provided. 1997, c. 25, Sched. B, s. 35 (2).

36 (1) Subject to subsection (2), a service co-ordinator may suspend or cancel employment supports provided to a person, (a) if the person ceases to be eligible for those supports; (b) if the person fails to use those supports; (c) if, while using those supports, the person is not making satisfactory progress towards competitive employment in accordance with the funding agreement entered into under subsection 35 (2); (d) if the person fails to provide the service co-ordinator with information required to determine continuing eligibility for those supports; or (e) under the prescribed circumstances. 1997, c. 25, Sched. B, s. 36 (1). Same (2) A service co-ordinator shall not determine that a person is ineligible for employment supports or suspend or cancel a person’s employment supports without first giving the person notice of the intention to do so and an opportunity to respond in accord…

PART IV ADMINISTRATION OF THE ACT

37 (1) The Director shall exercise the powers and duties conferred or imposed on the Director by this Act and the regulations. 1997, c. 25, Sched. B, s. 37 (1). 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. 1997, c. 25, Sched. B, s. 37 (2). Delegation (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. 1997, c. 25, Sched. B, s. 37 (3). 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. B, s. 37 (4).

38 The Director shall, (a) receive applications for income support; (b) determine the eligibility of each applicant for income support; (c) if an applicant is found eligible for income support, determine the amount of the income support and direct its provision; (d) administer the provisions of this Act and the regulations; (e) determine how the payment of the costs of administering this Act and providing income support is to be allocated; (f) ensure that the appropriate payments are made or withheld, as the case may be; and (g) exercise the prescribed powers and duties. 1997, c. 25, Sched. B, s. 38.

39 (1) The Minister may enter into an agreement with a municipality, a band as defined under the Indian Act (Canada), a district social services administration board or a person providing that the municipality, band, board or person shall exercise those powers and duties of the Director relating to income support or financial assistance under section 49 that are specified in the agreement. 1997, c. 25, Sched. B, s. 39 (1). Geographic area (2) An agreement under subsection (1) shall specify the geographic area in which the municipality, band, board or person is to exercise its powers and duties. 1997, c. 25, Sched. B, s. 39 (2). Same (3) If there is such an agreement, the municipality, band, board or person becomes the delivery agent for the specified area and for the purposes specified in the agreement and shall, with the approval of the Director, appoint an administrator. 1997, c. 25, S…

40 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. B, s. 40.

41 (1) 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. B, s. 41 (1). Payment of Ontario’s costs (2) 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. 1997, c. 25, Sched. B, s. 41 (2). Penalty (3) Ontario may impose on a municipality the prescribed interest and penalty for non-payment of amounts payable under this section. 1997, c. 25, Sched. B, s. 41 (3). Same (4) If a regulation made under this Act requires municipalities in a geographic area to pay their share of the costs incurred under this Act to a municipality or district social services administration board, the municipality or board may impose on any of those municipalities the prescribed…

42 The amount required to be provided by persons living in territory without municipal organization with respect to the costs incurred under this Act may be collected under the Provincial Land Tax Act, 2006 as if the amount was tax imposed under that Act. 2006, c. 33, Sched. Z.3, s. 24. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 24 - 1/01/2009

43 The Minister shall pay to every municipality, district social services administration board, band or person that enters into an agreement under section 39 an amount determined under the agreement. 1997, c. 25, Sched. B, s. 43.

44 (1) If a municipality or district social services administration board 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. B, s. 44 (1). Same (2) The Minister shall deduct an amount under this section in accordance with the regulations. 1997, c. 25, Sched. B, s. 44 (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. B, s. 44 (3). Interest and penalty (4) The Minister may charge a municipality or district social services administration board the prescribed interest and penalty if the municipality or board does not pay to Ontario …

45 (1) The Director may establish a fraud control unit. 1997, c. 25, Sched. B, s. 45 (1). Mandate (2) The fraud control unit may investigate eligibility of present and past applicants and recipients, including possible violations of this Act, the Ontario Works Act, 1997, the Family Benefits Act, the General Welfare Assistance Act and the Vocational Rehabilitation Services Act. 1997, c. 25, Sched. B, s. 45 (2). Law enforcement (3) Persons engaged in investigations for the purposes of this section or section 46 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. B, s. 45 (3).

46 (1) The Director may designate persons as eligibility review officers. 1997, c. 25, Sched. B, s. 46 (1). Same (2) An eligibility review officer may investigate a person’s past or present eligibility for payments under this Act, the Ontario Works 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, if it is so prescribed, the authority to apply for a search warrant and act under it. 1997, c. 25, Sched. B, s. 46 (2).

47 (1) The Director may designate persons as family support workers to assist applicants for income support, recipients and dependants in taking whatever action is necessary to pursue financial support from persons with a legal obligation to provide it. 1997, c. 25, Sched. B, s. 47 (1). 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. B, s. 47 (2).

48 (1) The Director may approve an organization or a person as a service co-ordinator to provide or purchase employment supports in a specified geographic area for the purposes of this Act. 1997, c. 25, Sched. B, s. 48 (1). Agreements (2) The Director may enter into agreements with service co-ordinators approved under subsection (1) for the provision of employment supports in specified geographic areas. 1997, c. 25, Sched. B, s. 48 (2).

PART V GENERAL

49 The Director may provide financial assistance in accordance with the regulations to a person who meets the prescribed criteria to assist the person with extraordinary costs related to a child who has a severe disability. 1997, c. 25, Sched. B, s. 49.

49.1 In order to provide an incentive to recipients of income support to become self-sufficient and to support persons who were recipients in remaining self-sufficient, the Director may provide extended health benefits in accordance with the regulations to former recipients of income support who are members of a prescribed class of persons for their benefit and for the benefit of their dependants. 2006, c. 19, Sched. E, s. 2 (5); 2009, c. 33, Sched. 8, s. 4 (6). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. E, s. 2 (5) - 22/06/2006 2009, c. 33, Sched. 8, s. 4 (6) - 15/12/2009

50 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. B, s. 50.

51 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. B, s. 51; 2020, c. 7, Sched. 4, s. 16. Section Amendments with date in force (d/m/y) 2020, c. 7, Sched. 4, s. 16 - 12/05/2020

52 (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 income support or employment supports under this Act, the Director or service co-ordinator is subrogated to any right of the person to recover damages or compensation for the loss. 1997, c. 25, Sched. B, s. 52 (1). Same (2) A proceeding may be commenced in the name of the Director or service co-ordinator or in the name of the person who suffered the loss. 1997, c. 25, Sched. B, s. 52 (2). 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 income support or employment support provided to the person; (b) the costs likely to be incurred as a result of that loss for future income support or employment support; (c) the costs incurred as a result of that loss for social assistan…

53 (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 any department, ministry or agency of it. 3. The government of the United States or the government of a state of the United States or any 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. B, s. 53 (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 subsect…

53.1 (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 in connection with the administration of this Act. 2023, c. 15, Sched. 6, s. 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. 6, s. 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 for the purpose of administering this Act. 202…

54 The Minister and the Director may share with one another and with the Director and each delivery agent or delivery partner under the Ontario Works Act, 1997 personal information in their possession and collected under this Act, the Ontario Works 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 Works Act, 1997. 1997, c. 25, Sched. B, s. 54; 2021, c. 25, Sched. 21, s. 25 (2). Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 21, s. 25 (2) - 01/09/2023

55 (1) The Lieutenant Governor in Council may make regulations, 1. prescribing the persons to be included in a benefit unit; 2. respecting the items, services and payments that may be included as benefits and determining who may be eligible for benefits; 3. respecting the determination of budgetary requirements, income and assets and the maximum value of assets permitted; 4. respecting the determination of the amount of income support to be provided and the time and manner of providing it, including who is eligible to receive the income support and how to determine what portion of income support is provided with respect to each person; 5. prescribing classes of persons eligible for income support for the purposes of subsection 3 (1); 6. prescribing the qualifications required of a person who may verify that a person is a person with a disability for the purposes of section 4; 7. prescrib…

56 (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 income support. 3. To enable an individual to receive and give receipt for income support 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 53 for the purpose of ensuring eligibility for income support. 1997, c. 25…

57 (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 income support. 1997, c. 25, Sched. B, s. 57 (1). 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. B, s. 57 (2).

58 (1) No action or other proceeding in damages shall be instituted against the Ministry, the Director or a delivery agent, an officer, 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. B, s. 58 (1). 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. B, s. 58 (2); 2019, c. 7, Sched. 17, s. 131. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 131 - 01/7/2019

59 (1) No person shall knowingly obtain or receive money or goods or services to which he or she is not entitled under this Act and the regulations. 1997, c. 25, Sched. B, s. 59 (1). Same (2) No person shall knowingly aid or abet another person to obtain or receive money or goods or services to which the other person is not entitled under this Act and the regulations. 1997, c. 25, Sched. B, s. 59 (2). Obstruction (3) No person shall obstruct or knowingly give false information to a person engaged in investigations for the purposes of section 45 or 46. 1997, c. 25, Sched. B, s. 59 (3). Penalty (4) A person convicted of an offence under subsection (1), (2) or (3) 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. B, s. 59 (4).

60 Omitted (enacts short title of this Act). 1997, c. 25, Sched. B, s. 60. Note: Transitional provisions affecting the Ontario Disability Support Program Act, 1997 were enacted as Schedule D to the Social Assistance Reform Act, 1997. These provisions can be found at the end of the Ontario Works Act, 1997, being chapter 25, Schedule A. Note: On a day to be named by proclamation of the Lieutenant Governor, Schedule D to the Social Assistance Reform Act, 1997 is repealed. (See: 2021, c. 25, Sched. 21, s. 21) ______________