Social Assistance Reform Act, 1997 Ecker, Hon. Janet Minister of Community and Social Services — Bill 142 (36th Parliament, 1st Session)

Bill 142, 36-1

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Bill 142, Social Assistance Reform Act, 1997

Ecker, Hon. Janet Minister of Community and Social Services

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As Amended by Standing Committee

[36] Bill 142 As Amended by Standing Committee (PDF)

Bill 142 1997

An Act to revise the law related to Social Assistance by enacting the Ontario Works Act and the Ontario Disability Support Program Act, by repealing the Family Benefits Act, the Vocational Rehabilitation Services Act and the General

Welfare Assistance Act and by amending several other Statutes

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Enactment of O.W.A.

1. The Ontario Works Act, 1997 , as set out in

Schedule A, is hereby enacted. Enactment of O.D.S.P.A.

2. The Ontario Disability Support Program Act, 1997 , as set out in

Schedule B, is hereby enacted. Enactment of other schedules

3. Schedules C, D and E are hereby enacted. Repeals

(1) The Family Benefits Act is repealed on a day to be named by proclamation of the Lieutenant Governor. Same

(2) The General Welfare Assistance Act is repealed on a day to be named by proclamation of the Lieutenant Governor. Same

(3) The Vocational Rehabilitation Services Act is repealed on a day to be named by proclamation of the Lieutenant Governor. Same

(4) The following provisions of the Ministry of Community and Social Services Act are repealed on a day to be named by proclamation of the Lieutenant Governor: 1. The definition of "Board of Review" in

section

1 of the Act. 2. Sections 15 and 16 of the Act. 3. Clause 17 (

a) of the Act. Same

(5) Any proclamation relating to the repeal of the Family Benefits Act , the General Welfare Assistance Act or the Vocational Rehabilitation Services Act may apply to the whole or any

section or subsection of

the Act, and proclamations may be issued at different times with respect to any

section or subsection of the Act. Commencement

(1) This Act, excluding the schedules, comes into force on the day it receives Royal Assent. Same

(2) Except as provided in subsection (3), Schedules A, B, C, D and E come into force on a day to be named by proclamation of the Lieutenant Governor.

b Same

(3) Subsection 2 (3) of

Schedule C shall be deemed to have come into force on September 1, 1996. y Same

(4) Any proclamation relating to a

schedule to this Act may apply to the whole or any part,

section or subsection of the schedule, and proclamations may be issued at different times with respect to any part,

section or subsection of the

schedule.

Short title

6. The

short title of this Act is the Social Assistance Reform Act, 1997 .

SCHEDULE A

ONTARIO WORKS ACT, 1997 Purpose of Act

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

(

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

(

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

(

c) effectively serves people needing assistance; and

(

d) is accountable to the taxpayers of Ontario.

Definitions

2. In this Act,

"administrator" means an administrator for a geographic area appointed under

section 43; ("administrateur")

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

"assistance" means employment assistance and basic financial assistance; ("aide")

"basic financial assistance" means assistance under

section 5; ("aide financire de base")

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

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

"biometric information" means information derived from an individual's unique characteristics but does not include a photographic or signature image; ("renseignements biomtriques") y

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

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

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

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

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

"employment assistance" means assistance under

section 4; ("aide l'emploi")

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

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

"Minister" and "Ministry" mean the Minister and Ministry of Community and Social Services; ("ministre", "ministre")

"municipality" means a city, town, county, township, village, regional municipality or district municipality or the County of Oxford\; ("municipalit")

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

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

"recipient" means a person to whom basic financial assistance is provided; ("bnficiaire")

"regulations" means the regulations made under this Act; ("rglements")

"Tribunal" means the Social Benefits Tribunal established under

section 60. ("Tribunal")

PART I

ELIGIBILITY FOR AND PROVISION OF ASSISTANCE Assistance

3. There are two forms of assistance under this Act: employment assistance and basic financial assistance. Employment assistance

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

(

a) community participation; and

(

b) other employment measures, as prescribed. Basic financial assistance

5. Basic financial assistance includes,

(

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

(

b) benefits; and

(

c) emergency assistance. Who receives employment assistance

6. Employment assistance may be provided for,

(

a) a recipient or a dependant;

(

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

(

c) members of a prescribed class of persons. Who receives income assistance

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

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

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

(

a) the person is resident in Ontario;

(

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

(

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

(

i) personal identification information, as prescribed,

(ii) financial information, as prescribed, and

(iii) any other prescribed information; and

(

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

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

(

a) satisfy community participation requirements;

(

b) participate in employment measures;

(

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

(

d) accept and maintain employment. Who receives benefits

8. Benefits may be provided for,

(

a) a recipient or a dependant;

(

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

(

c) members of the prescribed classes of persons. Who receives emergency assistance

9. Emergency assistance may be provided in accordance with the regulations to or for the benefit of a person who meets the prescribed conditions. Temporary care assistance

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

(

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

(

b) the child is in financial need;

(

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

(

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

(

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

(

f) the adult and the child meet any other prescribed conditions of eligibility. Assistance in exceptional circumstances

11. In cases presenting exceptional circumstances and in which investigation shows the advisability of assistance being provided to a person who is not eligible for it, the Lieutenant Governor in Council may by order direct

that assistance be provided to the person in accordance with the terms of the order. Lien on property

(1) An administrator shall in prescribed circumstances, as a condition of eligibility for basic financial assistance, require an applicant, recipient, spouse or dependent adult who owns or has an interest in

property to consent to the delivery agent having a lien against the property, in accordance with the regulations.

b Dependent child

(2) Subsection (1) applies with respect to a dependent child who owns or has an interest in property but only if the property was transferred to the child within the prescribed period by a person of a prescribed class. Agreement to reimburse

and assignment

(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. y Failure to comply

(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. Re-instatement

(2) If assistance 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. Application for basic financial assistance

(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 app

Document details

Collection	Ontario — Bills
Citation	Bill 142, 36-1
Type	bill
Volume / chapter	p36 s1 bill 142 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4ae364aec91441b639c9024903f3171f29dd08c9

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