Bill 142, Social Assistance Reform Act, 1997

Ecker, Hon. Janet Minister of Community and Social Services

Versions

[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

4. (1) The Family Benefits Act is repealed on a day to be named by proclamation of the Lieutenant Governor.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(2) The General Welfare Assistance Act is repealed on a day to be named by proclamation of the Lieutenant Governor.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(3) The Vocational Rehabilitation Services Act is repealed on a day to be named by proclamation of the Lieutenant Governor.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(4) The following provisions of the Ministry of Community and Social Services Act are repealed on a day to be named by proclamation of the Lieutenant Governor: 1.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

5. (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;

(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

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

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

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

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

(a) the person is resident in Ontario;

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

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

(i) personal identification information, as prescribed,

(ii) financial information, as prescribed, and

(iii) any other prescribed information; and

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

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

(a) satisfy community participation requirements;

(b) participate in employment measures;

(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

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;

(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

12. (1) An administrator shall in prescribed circumstances, as a condition of eligibility for basic financial assistance, require an applicant, recipient, spouse or dependent adult who owns or has an interest in property to consent to the delivery agent having a lien against the property, in accordance with the regulations.

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

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. y Failure to comply

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

1. Refuse to grant assistance.

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

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

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

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. Determination of basic financial assistance

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

(2) The amount and type of employment assistance provided and the time and manner of providing that assistance shall be determined in accordance with the regulations.

b Appointment of person to act for recipient

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

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

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

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

(5) A person appointed under this section to act for a recipient shall report and account in accordance with the regulations. y Money paid to third party

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

19. (1) If an amount has been provided to a recipient under this Act in excess of the amount to which the recipient was entitled, the amount of the excess is an overpayment. 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. Recovery of overpayments from other programs

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

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

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

(4) An overpayment may be recovered by one or more of reduction of basic financial assistance under section 20, notice under section 21 or a proceeding under section 22. Reduction of basic financial assistance

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

(2) The amount deducted under subsection (1) shall not exceed the prescribed amount unless the recipient agrees to a greater amount being deducted. Notice of overpayment

21. (1) The administrator may give a recipient notice in writing of a decision determining that an overpayment exists and, if the administrator does, the notice shall set out the amount of the overpayment and the prescribed information concerning the decision. 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 Ontario Court (General Division) if,

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

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

(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 Ontario Court (General Division). Notice to spouse

(4) If a recipient had a dependent spouse when an overpayment was incurred, the administrator may give notice in writing to the spouse respecting the overpayment. Effect of notice to spouse

(5) If the administrator provides notice to a spouse under subsection (4), subsections (2) and (3) apply with necessary modifications to the spouse. Proceeding for recovery of overpayment

22. The administrator may recover an overpayment as a debt due to the delivery agent in a court of competent jurisdiction, whether or not notice has been provided under section 21. No attachment, etc., of basic financial assistance

23. (1) Basic financial assistance,

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

(b) is not subject to garnishment, attachment, execution, seizure or receivership under any other Act. Deduction re money owed for family support, etc.

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

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

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

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

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

(5) This section applies even if the amount has been paid into the person's account at a financial institution.

PART II

EFFECTIVE DATE OF DECISIONS, INTERNAL REVIEW AND APPEALS Notice of decision

24. An administrator shall give notice to the applicant or recipient of a decision that may be appealed and the notice shall advise the applicant or recipient that he or she may request an internal review of the decision. When decision takes effect

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

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

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

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

(b) on the earlier of the day the prescribed time for completing the internal review expires and the day the internal review is completed, if an internal review has been requested. Decisions which may be appealed

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

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

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

2. A decision respecting discretionary benefits.

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

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

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

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

7. A decision respecting emergency assistance.

8. A prescribed decision. Internal review before appeal

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

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

(3) If the applicant or recipient requests an internal review, the review shall be completed in the prescribed manner and within the prescribed period. SPPA does not apply

(4) The Statutory Powers Procedure Act does not apply to an internal review. Appeal to Tribunal

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

(3) An appeal to the Tribunal shall be commenced and conducted in accordance with the regulations. 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. Add party

(5) At any stage of an appeal, the Tribunal shall add the Director as a party, on his or her request. Notice to spouse

(6) If an appeal relates to a determination of an overpayment of which the administrator has given notice to a spouse under subsection 21 (4), the spouse shall be added as a party. Same

(7) A spouse who has been added as a party to the appeal of a determination may not commence an appeal in relation to that determination. Submission

(8) The administrator and the Director may make written submissions in place of or in addition to appearing at a hearing. Same

(9) If written submissions are to be made, the parties to the hearing shall be given an opportunity before the hearing to examine the submissions, as prescribed. Written or documentary evidence

(10) The parties to a hearing shall be given an opportunity before the hearing to examine any written or documentary evidence that a party proposes to introduce at the hearing, as prescribed. Onus

(11) The onus lies on the appellant to satisfy the Tribunal that the decision of the administrator is wrong. Notice to Director

29. The administrator shall notify the Director of the prescribed appeals to the Tribunal. Interim assistance

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

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

(3) The Statutory Powers Procedure Act does not apply to proceedings of the Tribunal with respect to interim assistance. Order of Tribunal

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

(a) deny the appeal;

(b) grant the appeal;

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

b Reasons

(1.1) The Tribunal shall give reasons for its decision. y Same

(2) The administrator shall give effect to the Tribunal's directions under this section. Order takes effect

(3) 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. Recovery of interim assistance

32. If the amount of interim assistance provided exceeds the amount that would have been payable under the final order of the Tribunal or Court during the period for which interim assistance was provided, the amount of the excess shall be deemed to be an overpayment. Appeal frivolous, vexatious

33. The Tribunal shall refuse to hear an appeal if it determines the appeal to be frivolous or vexatious. Appeal denied

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

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

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

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

(2) If an appeal is denied under subsection (1), the appellant may not appeal a subsequent decision on the same issue during the prescribed period. If no appeal commenced

35. If an administrator's decision is not appealed to the Tribunal within the time required under this Act, no further appeal lies to the Tribunal or a court with regard to that decision. Appeal to Court

36. (1) The Director and any party to a hearing may appeal the Tribunal's decision to the Divisional Court on a question of law. Record to be filed in court

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

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

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

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

(a) deny the appeal;

(b) grant the appeal;

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

(6) The Tribunal or the administrator shall give effect to any direction given by the Court under this section.

PART III

ADMINISTRATION OF THE ACT Geographic areas designated

37. The Minister shall by regulation designate geographic areas of Ontario for the purposes of this Act.

b Delivery agents designated

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

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

(3) The Minister may revoke a designation under this section. Powers and duties of delivery agent

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

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

(3) A delivery agent shall have the prescribed powers. Provision of information related to Act

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

(2) The information shall be provided in the form and manner requested by the Director. Use of information related to Act

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

(2) Personal information collected by a delivery agent for the purposes of this Act may be used by the delivery agent and by the Minister only for the purpose for which it was collected or for a consistent purpose or as authorized under this Act. Record keeping

42. Each delivery agent shall keep information collected under this Act in the form and electronic system required by the Director. Administrator appointed

43. Each delivery agent shall, with the approval of the Director, appoint an administrator to oversee the administration of this Act and the provision of assistance in the delivery agent's geographic area. Powers and duties of administrator

44. Each administrator shall carry out the following duties:

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

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

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

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

5. Carry out the prescribed duties. Contracting authority, delivery agent

45. 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. Delegation of administrator's powers and duties

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

(2) A decision made by a person exercising the administrator's powers or duties under this section shall be deemed to be a decision of the administrator. Director

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

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

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

(4) A decision made by a person exercising the Director's powers or duties under subsection (3) shall be deemed to be a decision of the Director. Director's powers and duties

48. (1) The Director shall,

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

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

(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. Agreement for delivery of assistance

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

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

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

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

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

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

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

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

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

(c) supervise compliance with any requirements regarding the collection, use, disclosure and safeguarding of the privacy of personal information. Ministry as delivery agent

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

(2) The Minister shall appoint an administrator in a geographic area in which the Ministry is the delivery agent. Cost sharing

51. The prescribed costs incurred under this Act shall be shared by Ontario, municipalities, and persons living in territory without municipal organization in accordance with the regulations. Payments to delivery agents

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

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

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

(2) Despite subsection (1), the Minister shall pay to every band or person that enters into an agreement under section 49 an amount determined under the agreement. Apportionment

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

(2) The Director shall apportion the municipal share of the costs incurred by the Ministry under this Act in accordance with the regulations. Payment by municipalities

54. (1) Each municipality shall pay the amounts required to be provided by it for its share of the delivery agent's costs under this Act to the delivery agent for its geographic area, on demand. Same, if agreement under s. 49

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

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

(4) The delivery agent or Ontario, as the case may be, may charge a municipality the prescribed interest and penalty for non-payment of amounts payable under this section. Ontario to collect money from territory without municipal organization

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

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

(2) The Minister shall deduct an amount under this section in accordance with the regulations. Reduction, etc., of amounts under other Acts

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

(4) The Minister may charge a delivery agent the prescribed interest and penalty if the delivery agent does not pay to Ontario an amount required to be paid under this Act. Fraud control unit

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

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

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

(4) Persons engaged in investigations for the purposes of this section or section 58 shall be deemed to be engaged in law enforcement for the purposes of the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act. Eligibility review officers

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

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

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

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

PART IV

SOCIAL BENEFITS TRIBUNAL Social Benefits Tribunal

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

(2) The Tribunal shall conduct those hearings and carry out those duties that are assigned to it by or under this Act or any other Act. Members of Tribunal

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

(2) The members of the Tribunal shall be paid the remuneration and expenses determined from time to time by the Lieutenant Governor in Council. Chair and vice-chairs

62. (1) The Lieutenant Governor in Council shall appoint one member of the Tribunal as Chair and no more than two members as vice-chairs. 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. Employees

63. Whatever employees the Lieutenant Governor in Council from time to time considers necessary for the proper conduct of the business of the Tribunal may be appointed under the Public Service Act. Hearing by one or more members

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

(2) If the Chair authorizes more than one member of the Tribunal to preside over a hearing, the Chair shall designate one of them as the presiding member of the panel conducting the hearing. Sittings

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

(2) The Tribunal may hold a hearing by means of a paper hearing and shall hold a hearing by means of a paper hearing where prescribed. Hearings in private

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. Only members at hearing to participate

(4) No member of the Tribunal shall make a decision of the Tribunal following upon a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties. Financial hardship

(5) If a request for a hearing has been made and the Tribunal is satisfied that there will be financial hardship to a party or witness attending the hearing, the Tribunal may pay the party or witness travelling and living expenses necessary to enable his or her attendance at the hearing. Jurisdiction of Tribunal

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.

PART V

GENERAL Notice

68. If notice is given by ordinary mail, it shall be deemed to be received on the third day following the date of mailing. Power to take affidavits

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. 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.

b Subrogation

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 Vocational Rehabilitation Services Act by the person responsible in each case for administering that Act; and

(d) the costs incurred as a result of that loss under a prescribed statute. Same

(4) An applicant for or recipient of assistance shall forthwith notify the Director or the delivery agent, as the case may be, of any action brought against a person to recover damages or compensation for a loss referred to in subsection (1). y Agreement with other jurisdictions

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. 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 (4) 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 relating to the Income Tax Act, the Income Tax Act (Canada), the Immigration Act (Canada), or the prescribed Acts; and

(c) the government or body agrees to use the information only for the purpose of administering or enforcing a social benefit program or conducting research related to a social benefit program, the Income Tax Act, the Income Tax Act (Canada), the Immigration Act (Canada) or the prescribed Acts. Confidentiality

(3) An agreement under this section shall provide that personal information collected, used or disclosed under it is confidential and shall establish mechanisms for maintaining the confidentiality and security of the information. Same

(4) Subsection (2) applies with respect to personal information collected for the purposes of administering or enforcing this Act, the Ontario Disability Support Program Act, 1997, the General Welfare Assistance Act, the Family Benefits Act, or the Vocational Rehabilitation Services Act. No notice to individual required

(5) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply with respect to information collected under an agreement under subsection (1) or subsection 72 (1) if,

(a) the information has been collected by data matching;

(b) notification to the individual would frustrate an investigation; or

(6) The Minister may collect personal information from a government or body with whom he or she has made an agreement under this section in accordance with that agreement.

b Personal information disclosed

(7) A body under paragraph 4 of subsection (1) may disclose personal information in its possession to the Director or to a delivery agent if the information is necessary for purposes related to their powers and duties under this Act. Confidentiality provisions in other Acts

(8) Subsection (7) prevails over a provision in any other Act, other than the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act, that would prevent such disclosure. y Delivery agent bound

(9) A delivery agent is bound by the terms and conditions of an agreement with a government or body referred to in subsection (1) unless the delivery agent also has a similar agreement with that body. Information about identifiable individuals

(10) Information disclosed under this section or section 72 shall not include the names of individuals unless information about identifiable individuals is necessary for purposes of the agreement. Disposition of personal information

(11) An agreement under this section or section 72 shall include a plan for the disposition of the personal information.

b Accuracy of information

(12) The Director and each delivery agent shall take reasonable measures to seek assurances that information collected under this section or section 72 is accurate and current. y Agreements of delivery agents

72. (1) A delivery agent 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. Disclosure of information

(2) A delivery agent may disclose personal information collected for the purpose of administering or enforcing this Act to any government or body with whom the delivery agent has made an agreement referred to in subsection (1) if,

(a) the disclosure is made in accordance with the agreement;

(4) Subsection (2) applies with respect to personal information collected for the purposes of administering or enforcing this Act, the Ontario Disability Support Program Act, 1997, the General Welfare Assistance Act, the Family Benefits Act or the Vocational Rehabilitation Services Act. Collection of personal information

(5) The delivery agent may collect personal information from a government or body with whom he or she has made an agreement under this section in accordance with that agreement.

b Sharing of information

72.1 The Minister, the Director and each delivery agent 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. y

' Regulations

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;

5. respecting standards and conditions of community participation activities;

6. respecting income assistance and determining who may be eligible for income assistance;

7. respecting the items, services and payments that may be included as benefits and determining who may be eligible for benefits;

8. respecting emergency assistance and determining who may be eligible for emergency assistance;

9. respecting the conditions of eligibility for assistance including, without limiting the generality of the foregoing,

(i) additional conditions relating to eligibility for assistance,

(ii) information to be provided, including the time and manner of providing that information, verification of that information and home visits,

(iii) changes in circumstances,

(iv) the disposition of property,

(v) the obligation to satisfy participation requirements related to employment measures and community participation,

(vi) the obligation to obtain compensation or to realize a financial resource,

(vii) requirements to agree to reimburse delivery agents and to give assignments to delivery agents, and

(viii) a person's status in the country;

10. respecting the determination of residence in Ontario;

11. prescribing classes of persons who are not eligible for assistance;

12. respecting the provision and delivery of emergency hostel services, including funding, authority of delivery agents to contract with third parties to provide those services, the minimum standards and conditions to be included in such agreements and maximum daily amounts to be cost shared;

13. respecting the determination of financial need for the purposes of section 10;

14. respecting the powers of an administrator with respect to liens, and the process for securing and discharging a lien;

15. respecting applications for basic financial assistance and the information to be included in an application;

16. requiring applications and other documents to be prepared in a form and manner approved by the Director;

17. respecting the consequences of failing to satisfy a condition of eligibility including fixing periods of ineligibility;

18. respecting re-instating basic financial assistance or returning it to its former level and the procedures which apply;

19. prescribing the procedures to be followed in determining the need for and appointing a person to act for a recipient under section 17 and providing measures with respect to the person's accountability and reporting requirements;

20. providing rules for the payment of a portion of basic financial assistance for the purposes of section 18 directly to a third party;

21. respecting the reconciliation of overpayments among delivery agents where overpayments are owed to one delivery agent and recovered by another and respecting overpayments recovered by reason of subsection 19 (3);

22. respecting the information to be included in a notice of decision regarding an overpayment, the calculation and recovery of overpayments and the maximum amounts which may be deducted from basic financial assistance when recovering an overpayment;

23. prescribing debts for the purposes of subsection 23 (2) and the priority of recovery of those debts;

24. prescribing additional matters that may be appealed under this Act;

25. respecting the requirement for and procedures to be followed in conducting an internal review;

26. prescribing the time within which an internal review may be requested and, if requested, is to be completed;

27. prescribing the time within which an appeal to the Tribunal may be filed;

28. respecting the commencement and conduct of and procedures for appeals to the Tribunal and the time within which decisions are to be rendered;

29. respecting the requirement to record evidence whether by transcript or notes of members taken at a hearing;

30. respecting the record of proceedings for the purposes of proceedings before a court;

31. prescribing the classes of appeals of which delivery agents must give notice to the Director;

32. respecting the determination of interim assistance for the purposes of section 30;

33. prescribing the period within which a new appeal is not permitted for the purposes of subsection 34 (2);

34. respecting the powers and duties of a delivery agent for the purposes of this Act;

35. respecting the costs incurred under this Act to which cost sharing should apply and providing for how they are to be shared, including the apportioning of those costs among Ontario, municipalities and persons living in territory without municipal organization, and prescribing the municipalities to which cost sharing applies;

36. respecting the determination of cost estimates and actual costs and the reconciliation of them and respecting reserves for working funds;

37. respecting the determination of the amounts Ontario shall pay to delivery agents and delivery agents shall pay to Ontario and the methods of determining those amounts, providing for the manner in which and the intervals at which payments shall be made, for the suspension or withholding of amounts payable by Ontario or part of them and for making deductions from them;

38. respecting the apportionment among municipalities in a geographic area of their share of the delivery agent's costs incurred under this Act and, for the purpose, prescribing the municipalities that must share in that apportionment and the manner in which that share shall be recovered;

39. providing for the recovery by Ontario from a delivery agent of any amounts paid by Ontario under this Act for which the delivery agent is liable or for the recovery by Ontario or a delivery agent from a recipient of assistance or from his or her estate of amounts paid by Ontario or the delivery agent under this Act, and prescribing the circumstances and manner in which any such recovery may be made;

40. prescribing additional powers and duties of administrators and the Director and providing for the manner in which administrators shall exercise their powers and duties;

41. respecting agreements between the Director and delivery agents and between delivery agents and third parties;

42. prescribing the powers and duties of eligibility review officers and family support workers and providing for the manner in which they shall exercise their powers and duties;

43. providing for rules of application to members of bands living on reserves with regard to the administration of this Act, including the provision, delivery, administration and funding of assistance and prescribing the reserves or geographic areas to which those rules apply;

44. respecting the giving of notice for the purposes of this Act;

45. respecting subrogation rights under section 70;

46. prescribing the powers and duties to which the penalty in section 76 may apply and the rules for determining the penalty to be imposed for each power or duty and the manner in which that penalty is to be recovered;

47. defining any word or expression used in this Act that has not been defined in this Act;

48. prescribing any matter referred to in this Act as prescribed;

49. providing for the collection, retention, use, disclosure and safeguarding of privacy of personal information referred to in clause (3) (a). y Regulations, Minister

(2) The Minister may make regulations,

1. prescribing standards a delivery agent is to meet in carrying out its functions and the procedures and practices to be followed by the delivery agent;

2. designating geographic areas and delivery agents for those geographic areas, for the purposes of this Act;

3. prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations.

' Information

(3) A regulation made under paragraph 9 of subsection (1) may include a requirement that a person,

(a) provide evidence permitting identification of the person by means of photographic images or encrypted biometric information; and

(b) provide personal information about a third party that is relevant to determining the person's eligibility. Benefits may be discretionary

(4) A regulation made under paragraph 7 of subsection (1) may provide that some classes of benefits are mandatory and must be provided to persons who are eligible and other classes of benefits are discretionary. Periods of ineligibility

(5) A regulation made under paragraph 17 of subsection (1) may provide for different periods of ineligibility for assistance with respect to failure to comply with or meet different conditions of eligibility and with respect to repeated failures to comply. Same

(6) A regulation made under paragraph 17 of subsection (1) may provide for a period of ineligibility as a result of a person's conviction of an offence or crime in relation to the receipt of social assistance.

b Apportionment of costs

(6.1) A regulation made under paragraph 38 of subsection (1) may do one or more of the following:

1. Authorize municipalities in a geographic area to determine by agreement how their costs are to be apportioned, subject to the prescribed conditions.

2. Provide for an arbitration process for determining how the costs of those municipalities are to be apportioned.

3. Set out the manner in which the costs of those municipalities are to be apportioned. Same

(6.2) A regulation under paragraph 1 or 2 of subsection (6.1) may,

(a) provide, on an interim basis, for the manner in which costs are to be apportioned and for the time and manner in which they are to be paid;

(b) permit an agreement or an arbitration decision to apply to costs incurred and paid before the agreement or decision is reached; and

(6.3) Where a regulation under paragraph 3 of subsection (6.1) is retroactive, it may provide for the reconciliation of amounts paid. y First Nation regulations

(7) A provision in a regulation made under paragraph 43 of subsection (1) prevails over a provision in this Act if the regulation so provides. Same

(8) For purposes of this Act and the regulations,

"bands", "members of bands" and "reserves" have the same meaning as in the Indian Act (Canada). ("bandes", "membres de bandes" et "rserves") Regulation prevails

(9) A regulation made under this Act may give an entity designated as a delivery agent powers for the purposes of this Act and, if it does so, that regulation prevails over a provision in or under any other Act that might limit those powers. General or particular

(10) A regulation made under this section may be general or particular in its application. Retroactive effect

(11) A regulation made under this section is, if it so provides, effective with respect to a period before it is filed. Exception

(12) Despite subsection (11), no provision in a regulation that imposes a penalty or sanction or decreases assistance may be retroactive.

b Biometric information

74.1 (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. Same

(2) Biometric information may be collected under this Act only from the individual to whom it relates, in accordance with an agreement referred to in paragraph 6 of subsection (1) or in accordance with section 72.1. Same

(3) Biometric information shall not be disclosed to a third party except in accordance with,

(a) a court order or a warrant;

(b) an agreement under section 71 or 72 that is made for the purpose of ensuring eligibility for a social benefit program, including a social benefit program under the Income Tax Act or the Income Tax Act (Canada); or

(4) Biometric information to be collected from the individual to whom it relates shall be collected openly and directly from the individual. Same

(5) An administrator shall ensure that biometric information can be accessed and used only by those persons who need the information in order to perform their duties under this Act and that it is not used as a unique file identifier or common personal file identifier, except as authorized under subsection (1). Same

(6) An administrator shall ensure that biometric information collected under this Act is encrypted forthwith after collection, that the original biometric information is destroyed after encryption and that the encrypted biometric information is stored or transmitted only in encrypted form and destroyed in the prescribed manner. Same

(7) Neither the Director nor an administrator shall implement a system that can reconstruct or retain the original biometric sample from encrypted biometric information or that can compare it to a copy or reproduction of biometric information not obtained directly from the individual. Same

(8) The only personal information that may be retained together with biometric information concerning an individual is the individual's name, address, date of birth and sex. Same

(9) For the purpose of section 67 of the Freedom of Information and Protection of Privacy Act and section 53 of the Municipal Freedom of Information and Protection of Privacy Act, subsection (3) is a confidentiality provision that prevails over those Acts. Electronic signature

74.2 (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. y No personal liability

75. (1) No action or other proceeding in damages shall be instituted against the Ministry, the Director, a delivery agent, 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. Liability of Crown

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, 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. Penalty

76. If a delivery agent 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. Offence

77. (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. Short title

78. The short title of the Act set out in this Schedule is the Ontario Works Act, 1997.

SCHEDULE B

ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997 Purpose of Act

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;

(d) is accountable to the taxpayers of Ontario. Definitions

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; ("prestations")

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

"Director" means the Director of the Ontario Disability Support Program appointed by the Minister; ("directeur")

"employment supports" means the prescribed goods or services provided to a person in order to remove barriers to the person's competitive employment and assist the person in attaining his or her competitive employment goal; ("soutien de l'emploi")

"income support" means assistance for the provision of basic needs, shelter, costs related to a person's disability and other prescribed needs, and includes benefits; ("soutien du revenu")

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

"person with a disability" means a person determined under section 4 to be a person with a disability; ("personne handicape")

"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 income support is provided; ("bnficiaire")

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

"service co-ordinator" means an organization or person approved by the Director under section 48 to provide or purchase employment supports; ("coordonnateur des services")

"Tribunal" means the Social Benefits Tribunal established under the Ontario Works Act, 1997. ("Tribunal")

PART I

ELIGIBILITY FOR AND PAYMENT OF INCOME SUPPORT Who receives 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. Who are the beneficiaries

(2) Income support shall be provided for the benefit of the eligible person and his or her dependants. Person with a disability

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.

' Determination

(3) A determination under this section shall be made by a person appointed by the Director. Eligibility for income support

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.

b Same

(2) A person is not eligible for income support if,

(a) the person is dependent on or addicted to alcohol, a drug or some other chemically active substance;

(b) the alcohol, drug or other substance has not been authorized by prescription as provided for in the regulations; and

(c) the only substantial restriction in activities of daily living is attributable to the use or cessation of use of the alcohol, drug or other substance at the time of determining or reviewing eligibility. Same

(3) Subsection (2) does not apply with respect to a person who, in addition to being dependent on or addicted to alcohol, a drug or some other chemically active substance, has a substantial physical or mental impairment, whether or not that impairment is caused by the use of alcohol, a drug or some other chemically active substance. y Income support in exceptional circumstances

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.

b Lien on property

7. (1) The Director shall in prescribed circumstances, as a condition of eligibility for income support, require an applicant, recipient, spouse or dependent adult who owns or has an interest in property to consent to the Ministry having a lien against the property, in accordance with the regulations. Dependent child

(3) This section does not apply with respect to property that is the principal residence of the applicant, recipient, spouse or dependant. Agreement to reimburse and assignment

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. 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 income support. y Failure to comply

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. 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. Application for income support

10. (1) An application for income support shall be made in the prescribed manner and shall contain the prescribed information. 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. Determination of income support

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.

b Appointment of person to act for recipient

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. 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). 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. Report and account

(4) A person appointed under this section to act for a recipient shall report and account in accordance with the regulations. y Money paid to third party

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. Recovery of overpayments

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. 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. 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 welfare administrator under the General Welfare Assistance Act\; or

(4) An overpayment may be recovered by one or more of reduction of income support under section 15, notice under section 16 or a proceeding under section 17. Reduction of income support

15. (1) The Director may recover the amount of an overpayment by deducting it from the recipient's income support. Same

(2) The amount deducted under subsection (1) shall not exceed the prescribed amount unless the recipient agrees to a greater amount being deducted. Notice of overpayment

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. 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 Ontario Court (General Division) if,

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

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

(4) If a recipient had a dependent spouse when an overpayment was incurred, the Director may give notice in writing to the spouse respecting the overpayment. Effect of notice to spouse

(5) If the Director provides notice to a spouse under subsection (4), subsections (2) and (3) apply with necessary modifications to the spouse. Proceeding for recovery of overpayment

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. No attachment, etc., of income support

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. 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. 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. Payment of amount deducted

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

(5) This section applies even if the amount has been paid into the person's account at a financial institution.

PART II

EFFECTIVE DATE OF INCOME SUPPORT DECISIONS AND INTERNAL REVIEW AND APPEALS OF THOSE DECISIONS Notice of decision

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. When decision takes effect

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. When decision final

(2) A Director's decision that may not be appealed is final when it is made. 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

21. (1) Any decision of the Director affecting eligibility for or the amount of income support or assistance under section 49, 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 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.

5. A variation, refusal or cancellation of income support caused by an amendment to this Act or the regulations.

6. A prescribed decision. Employment supports, no appeal

(3) No appeal lies to the Tribunal with respect to a decision taken under Part III of this Act. Internal review before appeal

22. (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. Appeal to Tribunal

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. Same

(3) An appeal to the Tribunal shall be commenced and conducted in accordance with the regulations. 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. Notice to spouse

(5) If an appeal relates to a determination of an overpayment of which the Director has given notice to a dependent spouse under subsection 16 (4), the spouse shall be added as a party. Same

(6) A spouse who has been added as a party to the appeal of a determination may not commence an appeal in relation to that determination. Submission

(7) The Director may make written submissions in the place of or in addition to appearing at a hearing. Same

(8) If written submissions are to be made, the parties to the hearing shall be given an opportunity before the hearing to examine the submissions, as prescribed. Written or documentary evidence

(9) The parties to a hearing shall be given an opportunity before the hearing to examine any written or documentary evidence that a party proposes to introduce at the hearing, as prescribed. Onus

(10) The onus lies on the appellant to satisfy the Tribunal that the decision of the Director is wrong. Notice to Director

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. Interim assistance

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. 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. Procedure

(3) The Statutory Powers Procedure Act does not apply to proceedings of the Tribunal with respect to interim assistance. Order of Tribunal

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

(a) deny the appeal;

(b) grant the appeal;

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

b Reasons

(1.1) The Tribunal shall give reasons for its decision. y Same

(2) The Director shall give effect to the Tribunal's directions under this section. Order takes effect

(3) 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. Recovery of interim assistance

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. Appeal frivolous, vexatious

28. The Tribunal shall refuse to hear an appeal if it determines the appeal to be frivolous or vexatious. Appeal denied

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;

(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.

b Jurisdiction of Tribunal

(3) The Tribunal shall not make a decision in an appeal under this Act that the Director would not have authority to make. y If no appeal commenced

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. Appeal to Court

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. 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

(3) The person appealing shall serve the notice of appeal on 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;

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

(6) The Tribunal or the Director shall give effect to any direction given by the Court under this section.

PART III

EMPLOYMENT SUPPORTS Provision of 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. 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. Eligibility for employment supports

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;

(d) the person enters into a funding agreement with a service co-ordinator based on a competitive employment plan. Application for employment supports

34. An application for employment supports shall be made to the service co-ordinator for the geographic area in which the person applying resides. Determination of eligibility

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. 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. Supports suspended or cancelled

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. 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 accordance with the service co-ordinator's dispute resolution process. Same

(3) Each service co-ordinator shall establish a dispute resolution process for the purposes of subsection (2).

PART IV

ADMINISTRATION OF THE ACT Director

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

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. Agreement for delivery of income support

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. 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. 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. Terms and conditions

(4) An agreement under subsection (1) shall be subject to the prescribed terms and conditions and to any additional terms and conditions set out in it. Payment of costs

(5) An agreement under subsection (1) may provide for the payment of a portion of the municipality's, band's, board's or person's costs as prescribed. Powers and duties

(6) An administrator acting under an agreement under this section has the powers and duties specified in the agreement. Personal information

(7) 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 personal information subject to the prescribed conditions. Deemed reference

(8) A reference to the Director in this Act or the regulations shall be deemed to be a reference to an administrator in a geographic area if,

(a) there is an agreement under this section with the municipality, band, board or person with respect to the geographic area; and

(b) the reference to the Director in this Act or the regulations is made with regard to a matter that the municipality, band, board or person is to be responsible for under the agreement. Director to supervise

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

(a) supervise the delivery agent's administration of the Act and of the provision of assistance and shall audit its costs in administering this Act and providing income support or financial assistance under section 49;

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

(c) supervise compliance with any requirements regarding the collection, use, disclosure and the safeguarding of the privacy of personal information. Standards

(10) A delivery agent shall meet the prescribed standards in its performance of its functions and follow the prescribed procedures and practices. Use of information related to Act

(11) 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

(12) 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. Cost sharing

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. Apportionment of Ontario's costs

41. (1) The Director shall apportion the municipal share of the costs incurred by the Ministry under this Act in accordance with the regulations. 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. Penalty

(3) Ontario may impose on a municipality the prescribed interest and penalty for non-payment of amounts payable under this section. 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 interest and penalty for non-payment of amounts payable under this section. Ontario to collect an amount from territory without municipal organization

42. The amount required to be provided by persons living in territory without municipal organization with respect to the costs incurred under this Act by the Ministry may be recovered by the Crown as part of the taxes imposed on property taxable under the Provincial Land Tax Act. Payments to delivery agents

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. Deduction of amounts owed

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. Same

(2) The Minister shall deduct an amount under this section in accordance with the regulations. Reduction, etc., of amounts under other Acts

(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 an amount required to be paid under this Act. Fraud control unit

45. (1) The Director may establish a fraud control unit. 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. 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. Eligibility review officers

46. (1) The Director 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 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. Family support workers

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. Same

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. 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.

PART V

GENERAL Assistance for children with severe disabilities

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. Notice

50. If notice is given by ordinary mail, it shall be deemed to be received on the third day following the date of mailing. Power to take affidavits

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.

b Subrogation

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. 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. 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 assistance provided under the General Welfare Assistance Act, the Family Benefits Act or the Ontario Works Act, 1997, or assistance under the Vocational Rehabilitation Services Act by the person responsible in each case for administering that Act; and

(d) the costs incurred as a result of that loss under a prescribed statute. Same

(4) An applicant for or recipient of income support or employment supports shall forthwith notify the Director or the service co-ordinator, as the case may be, of any action brought against a person to recover damages or compensation for a loss referred to in subsection (1). y Agreement with other jurisdiction

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. 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 (4) if,

(a) the disclosure is made in accordance with the agreement;

(4) Subsection (2) applies with respect to personal information collected for the purposes of administering or enforcing this Act, the Ontario Works Act, 1997, the General Welfare Assistance Act, the Family Benefits Act or the Vocational Rehabilitation Services Act. No notice to individual required

(5) Subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply with respect to information collected under an agreement under subsection (1) if,

(a) the information has been collected by data matching;

(b) notification to the individual would frustrate an investigation; or

(6) The Minister may collect personal information from a government or body with whom he or she has made an agreement under this section in accordance with that agreement.

b Personal information disclosed

(7) A body under paragraph 4 of subsection (1) may disclose personal information in its possession to the Director if the information is necessary for purposes related to the Director's powers and duties under this Act. Confidentiality provisions in other Acts

(9) A delivery agent is bound by the terms and conditions of an agreement with a government or body referred to in subsection (1). Information about identifiable individuals

(10) Information disclosed under this section shall not include the names of individuals unless information about identifiable individuals is necessary for purposes of the agreement. Disposition of personal information

(11) An agreement under this section shall include a plan for the disposition of the personal information.

b Accuracy of information

(12) The Minister shall take reasonable measures to seek assurances that information collected under this section is accurate and current. Sharing of information

53.1 The Minister and the Director may share with one another and with the Director and each delivery agent 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. y Regulations

54. (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. prescribing what shall be considered to be authorized by prescription for the purposes of subsection 5 (2);

8. prescribing matters to be considered in determining what a substantial restriction in activities of daily living is attributable to for the purposes of subsection 5 (2); y

9. respecting the conditions of eligibility for income support including, without limiting the generality of the foregoing,

(i) additional conditions relating to eligibility for income support,

(ii) information to be provided, including the time and manner of providing that information, verification of that information and home visits,

(iii) changes in circumstances,

(iv) the disposition of property,

(v) the obligation to obtain compensation or to realize a financial resource,

(vi) requirements to agree to reimburse the Ministry and to give assignments to the Director, and

(vii) a person's status in the country;

10. respecting the determination of residence in Ontario;

11. prescribing classes of persons who are not eligible for income support or employment supports;

12. respecting the powers of the Director with respect to a lien and the process for securing and discharging a lien;

13. respecting applications for income support and the information to be included in an application;

14. requiring applications and other documents to be prepared in a form and manner approved by the Director;

15. respecting the consequences of failing to satisfy a condition of eligibility, including fixing periods of ineligibility;

16. respecting re-instating income support or returning it to its former level and the procedures that apply;

17. prescribing the procedures to be followed in determining the need for and appointing a person to act for a recipient under section 12 and providing measures with respect to the person's accountability and reporting requirements;

18. prescribing rules for the payment of a portion of income support for the purposes of section 13 directly to a third party;

19. respecting the information to be included in a notice of decision regarding an overpayment, the calculation and recovery of overpayments and the maximum amounts which may be deducted from income support when recovering an overpayment;

20. respecting the reconciliation of overpayments among delivery agents where overpayments are owed to one delivery agent and recovered by another, and respecting overpayments recovered by reason of subsection 14 (3);

21. prescribing debts for the purposes of subsection 18 (2) and the priority of recovery;

22. prescribing additional matters that may be appealed under this Act;

23. respecting the requirement for and the procedures to be followed in conducting an internal review;

24. prescribing the time within which an internal review may be requested and, if requested, is to be completed;

25. prescribing the time within which an appeal to the Tribunal may be filed;

26. respecting the commencement, conduct and procedures for appeals to the Tribunal and the time within which decisions are to be rendered;

27. respecting the requirement to record evidence, whether by transcript or notes of members taken at a hearing;

28. respecting the record of proceedings for the purposes of proceedings before a court;

29. respecting the determination of interim assistance for the purposes of section 25;

30. prescribing the period within which a new appeal is not permitted for the purposes of subsection 29 (2);

31. prescribing employment supports for the purposes of subsection 32 (1);

32. prescribing classes of goods or services not provided by the employment supports program;

33. prescribing the qualifications required of a person who may verify that a person is eligible for employment supports for the purposes of subsection 32 (2);

34. prescribing the elements of a competitive employment plan for the purposes of clause 33 (d);

35. respecting the determination of eligibility for employment supports and contributions toward the costs of those supports for the purposes of section 35;

36. prescribing circumstances under which employment supports may be suspended or cancelled for the purposes of subsection 36 (1);

37. prescribing standards for the dispute resolution process in subsection 36 (3);

38. respecting the provision of capital and operating grants to organizations for workshops and of operating grants to organizations for supported employment programs and their terms and conditions;

39. prescribing terms and conditions for the continuation or renegotiation of agreements for specialized services made under the Vocational Rehabilitation Services Act;

40. respecting agreements for delivery of income support, terms and conditions of those agreements, and payments to delivery agents for the purposes of section 39;

41. respecting the costs incurred under this Act to which cost sharing should apply and providing for how they are to be shared, including the apportioning of those costs among Ontario, municipalities and persons living in territory without municipal organization, and prescribing the municipalities to which cost sharing applies;

42. respecting the apportionment among municipalities in a geographic area of their share of the costs incurred under this Act and, for the purpose, prescribing the municipalities that must share in that apportionment and the manner in which that share shall be recovered;

43. providing for the recovery by Ontario from a delivery agent of any amounts paid by Ontario under this Act for which the delivery agent is liable or for the recovery by Ontario or a delivery agent from a recipient of income support or from his or her estate of amounts paid by Ontario or the delivery agent under this Act, and prescribing the circumstances and manner in which any such recovery may be made;

44. prescribing the powers and duties of eligibility review officers, family support workers and service co-ordinators and providing for the manner in which they shall exercise their powers and duties;

45. respecting the provision of assistance with respect to children who have severe disabilities for the purposes of section 49, including, without limiting the generality of the foregoing, issues related to eligibility, applications, determinations, reduction or cancellation of financial assistance and appeals;

46. respecting the giving of notice for purposes of this Act;

47. respecting subrogation rights under section 52;

48. defining any word or expression used in this Act that has not been defined in this Act;

49. prescribing any matter referred to in this Act as prescribed;

50. providing for the collection, retention, use, disclosure and safeguarding of privacy of personal information referred to in clause (4) (a). y Regulations, Minister

(2) The Minister may make regulations,

1. prescribing standards a delivery agent is to meet in carrying out its functions and the procedures and practices to be followed by the delivery agent;

2. prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations.

' Classes of income support

(3) A regulation made under paragraph 4 of subsection (1) may provide that some classes of income support are mandatory and must be provided to persons who are eligible and other classes of income support are discretionary. Information

(4) A regulation made under paragraph 9 of subsection (1) may include a requirement that a person,

(a) provide evidence permitting identification of the person by means of photographic images or encrypted biometric information; and

(b) provide personal information about a third party that is relevant to determining the person's eligibility. Periods of ineligibility

(5) A regulation made under paragraph 15 of subsection (1) may provide for different periods of ineligibility for income support with respect to failure to comply with or meet different conditions of eligibility and with respect to repeated failures to comply. Same

(6) A regulation made under paragraph 15 of subsection (1) may provide for a period of ineligibility as a result of a person's conviction of an offence or crime in relation to the receipt of social assistance. Apportionment, payment by municipalities

(7) A regulation under paragraph 42 of subsection (1) may require a municipality or district social services administration board in a prescribed geographic area to apportion the costs incurred under this Act in the geographic area among municipalities in that area and may require those municipalities to pay to the municipality or board their share of those costs.

b Apportionment of costs

(7.1) A regulation made under paragraph 42 of subsection (1) may do one or more of the following:

1. Authorize municipalities in a geographic area to determine by agreement how their costs are to be apportioned, subject to the prescribed conditions.

2. Provide for an arbitration process for determining how the costs of those municipalities are to be apportioned.

3. Set out the manner in which the costs of those municipalities are to be apportioned. Same

(7.2) A regulation under paragraph 1 or 2 of subsection (7.1) may,

(a) provide, on an interim basis, for the manner in which costs are to be apportioned and for the time and manner in which they are to be paid;

(b) permit an agreement or an arbitration decision to apply to costs incurred and paid before the agreement or decision is reached; and

(7.3) Where a regulation under paragraph 3 of subsection (7.1) is retroactive, it may provide for the reconciliation of amounts paid. y General or particular

(8) A regulation made under subsection (1) may be general or particular in its application. Retroactive effect

(9) A regulation made under subsection (1) is, if it so provides, effective with respect to a period before it is filed. Exception

(10) Despite subsection (1), no provision in a regulation that imposes a penalty or sanction or decreases income support may be retroactive.

b Biometric information

54.1 (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. Same

(3) Biometric information shall not be disclosed to a third party except in accordance with,

(a) a court order or a warrant;

(b) an agreement under section 53 that is made for the purpose of ensuring eligibility for a social benefit program, including a social benefit program under the Income Tax Act or the Income Tax Act (Canada); or

(4) Biometric information to be collected from the individual to whom it relates shall be collected openly and directly from the individual. Same

(5) The Director shall ensure that biometric information can be accessed and used only by those persons who need the information in order to perform their duties under this Act and that it is not used as a unique file identifier or common personal file identifier, except as authorized under subsection (1). Same

(6) The Director shall ensure that biometric information collected under this Act is encrypted forthwith after collection, that the original biometric information is destroyed after encryption and that the encrypted biometric information is stored or transmitted only in encrypted form and destroyed in the prescribed manner. Same

(7) The Director shall not implement a system that can reconstruct or retain the original biometric sample from encrypted biometric information or that can compare it to a copy or reproduction of biometric information not obtained directly from the individual. Same

(8) The only personal information that may be retained together with biometric information concerning an individual is the individual's name, address, date of birth and sex. Same

54.2 (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. Same

55. (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. Liability of Crown

56. (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. 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. 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. 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. Short title

57. The short title of the Act set out in this Schedule is the Ontario Disability Support Program Act, 1997.

SCHEDULE C

SUBSTANTIVE AMENDMENTS TO OTHER STATUTES

b District Welfare Administration Boards Act

1. (0.1) The definition of "welfare services" in section 1 of the District Welfare Administration Boards Act is amended by striking out "welfare" in the third last line. y

(1) Section 1 of the Act, as amended by subsection (0.1), is repealed and the following substituted: Definitions

1. (1) In this Act,

"board" means a district social services administration board established under section 3; ("conseil d'administration")

"district" means a geographic area designated under section 2; ("district")

"Minister" means the Minister of Community and Social Services; ("ministre")

"municipality" means a city, town, county, township, village, regional municipality or district municipality; ("municipalit")

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

"social services" means the social services prescribed by the regulations. ("services sociaux") Interpretation, conflict with other Acts

(2) If there is a conflict between a provision of this Act or the regulations and a provision in another Act or regulation respecting a social service or if there is duplication in any such provisions, the provision in the other Act or regulation applies unless the regulations under this Act provide otherwise.

(2) Section 2 of the Act is repealed and the following substituted: Geographic areas

2. The Lieutenant Governor in Council shall by regulation designate geographic areas as districts for the purposes of this Act.

(3) Subsections 3 (1) and (2) of the Act are repealed and the following substituted: Boards established

(1) The Minister may establish district social services administration boards for the purposes of this Act.

(4) Sections 4, 5, 6, 7 and 8 of the Act are repealed and the following substituted: Powers and duties of boards

4. (1) If a board is established for a district,

(a) the Minister may designate the board as a delivery agent for that district for the purposes of the Ontario Works Act, 1997\; and

(b) the board shall exercise any powers, duties and responsibilities in the district relating to other social services given to it under the regulations or under any other Act. Same

(2) If a regulation provides that the board shall exercise powers, duties and responsibilities relating to a social service given to the council of a municipality in the district under another Act, all those powers, duties and responsibilities are vested in the board. Administrator and staff

(3) Every board shall, with the approval of the Minister, appoint an administrator and any other staff that is necessary. Payments for social services

5. (1) If a board is established for a district,

(a) any contribution that is payable by Ontario to a municipality in the district for social services that the board delivers shall be paid instead to the board; and

(b) any contribution that is payable by a municipality in the district to Ontario for social services that the board delivers shall be paid instead by the board. Liabilities of municipalities

(2) If a board is established for a district, any liability of a municipality in the district with respect to social services that the board delivers shall be deemed to be a liability of the board rather than of the municipality. Estimates and apportionment, municipalities

6. (1) If a district includes more than one municipality, the board shall, in accordance with the regulations, apportion among the municipalities in the district the amounts required from municipalities in the district to defray the expenditures for social services for that year. Payment by municipalities

(2) Each municipality shall pay the amounts required to be provided by it for its share of the costs of social services to the board for its district, on demand. Penalty

(3) The board may impose on a municipality the prescribed interest and penalty for non-payment of amounts payable under this section. Apportionment, municipalities and unorganized territory

7. If a district includes municipalities and territory without municipal organization, the board shall, in accordance with the regulations, apportion between the municipalities and the territory without municipal organization the amount that it estimates will be required to defray expenditures for the provision of social services to the residents of the district. Payment to boards

8. (1) The minister responsible for a social service shall pay to each board,

(a) an amount determined in accordance with the regulations with respect to Ontario's share of the board's costs of delivering social services under this Act; and

(b) an amount determined in accordance with the regulations for the share apportioned to territory without municipal organization for that board with respect to the costs of social services under this Act. Collection of amount as taxes

(2) The amount apportioned to territory without municipal organization in a district to defray expenditures for the provision of social services to the residents of the district may be recovered by the Crown as part of the taxes imposed on property taxable under the Provincial Land Tax Act.

(5) Clauses 11 (a) and (b) of the Act are repealed and the following substituted:

(a) prescribing social services for the purposes of the definition of "social services" in section 1;

(b) designating districts for the purposes of this Act;

(b.1) providing the circumstances under which provisions of this Act or the regulations prevail for the purpose of subsection 1 (2) and prescribing the provisions that prevail in each case.

(6) Clause 11 (c) of the Act is amended by striking out "and equalized assessment" in the sixth and seventh lines and substituting "assessment of rateable property and assessment in territories without municipal organization".

(7) Section 11 of the Act is amended by adding the following clauses:

(c.1) respecting the apportionment among municipalities in a district of their share of the costs of social services and, for the purpose, prescribing the municipalities that must share in that apportionment;

(c.2) respecting the apportionment of the costs of social services in a district between municipalities and territory without municipal organization;

(c.3) respecting the determination of cost estimates and actual costs and the reconciliation of them and respecting reserves for working funds;

(c.4) respecting the determination of the amounts Ontario shall pay to boards and boards shall pay to Ontario and the methods of determining those amounts, providing for the manner in which and the intervals at which payments shall be made, for the suspension or withholding of amounts payable by Ontario or part of them and for making deductions from them;

(c.5) providing for the recovery by Ontario from a board of any amounts paid by Ontario for which the board is liable and prescribing the circumstances and manner in which any such recovery may be made.

(8) Clause 11 (h) of the Act is repealed.

(9) The title of the Act is repealed and the following substituted:

DISTRICT SOCIAL SERVICES ADMINISTRATION BOARDS ACT General Welfare Assistance Act

2. (1) Subsection 15 (5) of the General Welfare Assistance Act is repealed and the following substituted: Duty of council of bands to provide assistance

(5) The council of a band that is approved for the purposes of this Act shall provide, in accordance with the regulations, assistance to the members of the band,

(a) who are persons in need;

(b) who are eligible for assistance; and

(5.1) The council of a band that is approved for the purposes of this Act may provide assistance to other persons in need,

(a) who are eligible for assistance; and

(b) who reside on the reserve of the band or in the geographic area prescribed for the band.

(2) Subsection 15 (7) of the Act is amended by adding the following clause:

(3) The Act is further amended by adding the following section: Participation in prescribed activities

15.1 (1) Participation in a community participation activity or a prescribed activity is not employment for the purposes of any Act or regulation that has provisions regulating employment or employees. Same

(2) The Lieutenant Governor in Council may by regulation,

(a) provide that subsection (1) does not apply with respect to an Act or regulation or a provision of either of them that is specified in the regulation; and

(b) prescribe activities for the purposes of subsection (1). Same

(3) A regulation made under subsection (2) may be made retroactive to a date not earlier than September 1, 1996. y

SCHEDULE D

TRANSITIONAL PROVISIONS Applications under F.B.A.

1. Despite the Family Benefits Act, on and after January 1, 1998, no application for an allowance or benefits shall be accepted or processed under that Act with respect to,

(a) a person who is eligible under clause 7 (1) (d) of that Act or subsection 2 (7) of Regulation 366 of the Revised Regulations of Ontario, 1990 and who is not otherwise eligible to apply for an allowance or benefits under that Act;

(b) a person who is 60 years of age or older and less than 65 and who is not otherwise eligible to apply for an allowance or benefits under that Act; or

(c) a person who is a foster parent with a foster child. Application of section

2. (1) This section applies with respect to every recipient of an allowance or benefits under the Family Benefits Act who is a person described in clause 1 (a) or (c) of this Schedule. Transfer of recipients

(2) On and after January 1, 1998, the Director may transfer the responsibility for providing assistance to a recipient described in subsection (1) to the welfare administrator who is responsible for the provision of assistance under the General Welfare Assistance Act in the area where the recipient resides. Effect of transfer

(3) Upon transfer,

(a) the recipient shall be deemed to have applied for and to be a recipient of assistance under the General Welfare Assistance Act\; and

(b) despite the Family Benefits Act, the recipient shall be deemed to be no longer eligible for an allowance under that Act. Same

(4) Upon transfer, the allowance and benefits provided under the Family Benefits Act for the recipient on the last day of the month before the transfer shall be deemed to be assistance provided under the General Welfare Assistance Act on the first day of the month of transfer. No appeal

(5) Despite sections 13, 14 and 15 of the Family Benefits Act, a recipient has no right to make representations to the Director and is not entitled to a hearing by the Social Assistance Review Board or an appeal to the Divisional Court with respect to,

(a) the Director's decision to transfer to the welfare administrator responsibility for providing the recipient with assistance;

(b) the recipient's ineligibility for an allowance or benefits under the Family Benefits Act after the transfer has occurred; or

(c) any variation of the recipient's allowance, benefits or assistance resulting from the transfer. Cost sharing under F.B.A.

3. (1) The prescribed costs incurred under the Family Benefits Act shall be shared by Ontario, municipalities, and persons living in territory without municipal organization in accordance with the regulations. Apportionment of Ontario's costs

(2) The Director shall apportion the municipal share of the costs incurred by the Ministry under the Family Benefits Act in accordance with the regulations under this Schedule. Payment of Ontario's costs

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

(4) Ontario may impose on a municipality the prescribed interest and penalty for non-payment of amounts payable under this section. Same

(5) If a regulation made under this Schedule requires municipalities in a geographic area to pay to their share of the costs incurred under the Family Benefits Act to a municipality or district social services administration board, the municipality or board may impose on any of those municipalities the prescribed interest and penalty for non-payment of amounts payable under this section. Ontario to collect money from territory without municipal organization

(6) The amount required to be provided by persons living in territory without municipal organization with respect to the costs incurred under the Family Benefits Act by the Ministry may be recovered by the Crown as part of the taxes imposed on property taxable under the Provincial Land Tax Act. Municipal welfare administration, consolidation

4. (1) Instead of the municipalities within a prescribed geographic area administering assistance under the General Welfare Assistance Act independently of one another, the Minister may designate a municipality or a district social services administration board under the District Social Services Administration Boards Act to administer assistance in all the municipalities in the geographic area. Same

(2) The municipality or board designated under subsection (1) shall, with the approval of the Minister appoint a municipal welfare administrator for the purposes of the General Welfare Assistance Act. Same

(3) Despite section 4 of the General Welfare Assistance Act, a municipal welfare administrator appointed under subsection (2) has the authority and shall exercise the powers and duties of a municipal welfare administrator under that Act in the geographic area designated by the Minister in the place of any municipal welfare administrators appointed under section 4 of that Act for part of that geographic area. Provincial grants and subsidies

(4) There may be paid to each municipal welfare administrator appointed under subsection (2) grants and subsidies for any of the purposes of the General Welfare Assistance Act. Same

(5) There may be paid to a municipality or board designated under subsection (1) grants and subsidies for any of the purposes of the General Welfare Assistance Act in the amounts and under the conditions prescribed in the regulations under that Act and, for the purpose, a regulation made under clause 14 (g) or (h) of that Act may apply to a designated municipality or board. Apportionment

(6) If a prescribed geographic area includes more than one municipality, the municipalities' share of the costs incurred under the General Welfare Assistance Act for that area shall be apportioned among the prescribed municipalities in accordance with the regulations. Payment by municipalities

(7) Each municipality shall pay the amounts required to be provided by it for its share of the costs under this section to the designated municipality for its geographic area, on demand. Penalty

(8) The designated municipality may impose on a municipality the prescribed interest and penalty for non-payment of amounts payable under this section. Overpayments, recovery portable

5. (1) If a recipient under the Family Benefits Act was formerly a recipient under the General Welfare Assistance Act and received assistance to which he or she was not entitled under that Act, the Director shall recover the amount under section 17 of the Family Benefits Act as if it had been paid under the Family Benefits Act. Same

(2) If a recipient under the General Welfare Assistance Act was formerly a recipient under the Family Benefits Act and received an allowance to which he or she was not entitled under that Act, the welfare administrator shall recover that amount under section 12 of the General Welfare Assistance Act as if it had been paid under the General Welfare Assistance Act. Persons receiving allowance

6. (1) A person receiving an allowance or benefits under clause 7 (1) (a), (b), (c) or (e) of the Family Benefits Act or under subsection 2 (5) or (11) of Regulation 366 of the Revised Regulations of Ontario, 1990 on the day Part I of the Ontario Disability Support Program Act, 1997 is proclaimed in force shall be deemed to be a member of a prescribed class under subsection 3 (1) of the Ontario Disability Support Program Act, 1997 for purposes of income support and shall no longer be eligible for an allowance or benefits under the Family Benefits Act or the regulations made under it. Same

(2) If subsection (1) applies to a person, the person shall continue to be eligible for income support as long as the person is otherwise eligible for it. Same

(3) A person who ceases to be eligible for income support shall continue to be deemed to be a member of a prescribed class under subsection (1) for the purpose of determining eligibility in the future if,

(a) the person ceases to be eligible for income support because the person's income from employment exceeds his or her budgetary needs; and

(b) less than 12 months have elapsed since the person ceased to be eligible for income support. Same

(4) Upon transfer, the allowance and benefits provided under the Family Benefits Act for the recipient on the last day of the month before the transfer shall be deemed to be income support provided under the Ontario Disability Support Program Act, 1997 on the first day of the month of transfer, unless prescribed otherwise. Persons applying for an allowance

7. (1) On the day Part I of the Ontario Disability Support Program Act, 1997 is proclaimed in force, section 6 of this Schedule applies to every person who has completed an application for an allowance under clause 7 (1) (a), (b), (c) or (e) of the Family Benefits Act or under subsection 2 (5) or (11) of Regulation 366 of the Revised Regulations of Ontario, 1990 if,

(a) the person is a person described in clause 7 (1) (a), (b), (c) or (e) of the Family Benefits Act\;

(b) the person is a permanently unemployable person for the purpose of subsection 2 (5) of Regulation 366 of the Revised Regulations of Ontario, 1990, as it read on the day before Part I of the Ontario Disability Support Program Act, 1997 is proclaimed in force; or

(c) the person is 60 years of age or more and less than 65 years of age. Same

(2) A person has completed an application for the purpose of subsection (1) if the person has completed Form 1, Form 3 and, where required, Form 4 of Regulation 366 of the Revised Regulations of Ontario, 1990 and any supporting documentation required for such an application and has submitted them to the Director. Appeals

8. (1) A decision under subsection 7 (1) of this Schedule to refuse, suspend, vary or cancel an allowance because the person is not a person described in clause (a), (b) or (c) of that subsection may be appealed to the Social Assistance Review Board or the Social Benefits Tribunal, as the case may be, as if the provisions of the Family Benefits Act relating to the decision continued to apply. Same

(2) If an appeal of a refusal to grant an allowance or a suspension, variation or cancellation of an allowance is pending on the day Part I of this Act is proclaimed in force and part of it relates to whether the appellant is a person described in clause (a), (b) or (c) of subsection 7 (1) of this Schedule, that part of the appeal shall be determined as if the provisions of the Family Benefits Act relating to that part of the appeal continued in force. Definitions

9. In section 10, "new Acts" means the Ontario Disability Support Program Act, 1997 and the Ontario Works Act, 1997\; ("nouvelles lois:) "old Acts" means the General Welfare Assistance Act, the Family Benefits Act, the Vocational Rehabilitation Services Act, and the provisions of the Ministry of Community and Social Services Act that are repealed by subsection 4 (4) of this Act. ("anciennes lois") Transitional regulations

10. (1) The Lieutenant Governor in Council may make whatever regulations the Lieutenant Governor in Council considers advisable to provide for an orderly transition in all parts of Ontario from the administration and delivery of the programs under the old Acts to the administration and delivery of the programs under the new Acts. Same

(2) The Lieutenant Governor in Council may provide in a regulation under subsection (1),

(a) that despite the proclamation of the new Acts or of a provision of either of them, those Acts or those provisions shall not take effect in Ontario or in a specified geographic area of Ontario until the regulation provides that they take effect;

(b) that the Ontario Works Act, 1997 or any provision of it shall take effect in Ontario or in a geographic area set out in the regulation on the day specified in the regulation;

(c) that the Ontario Disability Support Program Act, 1997 or any provision of it shall take effect in Ontario on the day specified in the regulation;

(d) for the transfer of responsibility for recipients under the old Acts to the new Acts over a prescribed period of time and in a prescribed manner;

(e) that, subject to any terms and conditions set out in the regulation, recipients under the old Acts whose files are transferred to the new Acts may continue to receive the assistance they were entitled to under the old Acts, despite the transfer;

(f) that specified provisions of the old Acts may continue to apply with necessary modifications with respect to applicants or recipients under the new Acts;

(g) that the Social Assistance Review Board or its powers be continued for specified purposes;

(h) that the Social Benefits Tribunal may act in the place of the Social Assistance Review Board or act under the authority of the old Acts for specified purposes; and

(i) any other matter the Lieutenant Governor in Council considers advisable for the purposes of subsection (1). Sunset date

(3) This section is repealed and the regulations under it revoked on March 31, 2001. General welfare assistance on reserves

11. (1) Despite the repeal of section 10 of this Schedule and the repeal of the General Welfare Assistance Act, that Act and the regulations under it continue to apply for the purpose of providing assistance in accordance with section 15 of that Act until the prescribed date. Same

(2) The Lieutenant Governor in Council may by regulation,

(a) prescribe a date for the purposes of subsection (1);

(b) authorize the Social Assistance Review Board to act or its powers to be continued for purposes related to this section;

(c) authorize the Social Benefits Tribunal to act in the place of the Social Assistance Review Board or act under the authority of the old Acts for purposes related to this section.

b Agreement to reimburse and assignment

12. (1) An agreement to reimburse a welfare administrator, an assignment and a direction under the General Welfare Assistance Act shall be deemed to be validly requested and validly given in law if it is made in accordance with section 5 of Regulation 537 of the Revised Regulations of Ontario, 1990 or its predecessor. Same

(2) An agreement to reimburse the Director, an assignment and a direction under the Family Benefits Act shall be deemed to be validly requested and validly given in law if it is made in accordance with section 10 of Regulation 366 of the Revised Regulations of Ontario, 1990 or its predecessor. Same

(3) This section applies regardless of whether the agreement, assignment or direction is made before or after this section comes into force. Regulations

13. (1) The Lieutenant Governor in Council may make regulations,

(a) respecting the costs incurred under the General Welfare Assistance Act and the Family Benefits Act to which cost sharing should apply and providing for how they are to be shared, including the apportionment of those costs among Ontario, municipalities and persons living in territory without municipal organization, and prescribing the municipalities to which cost sharing applies;

(b) respecting the apportionment among municipalities in a geographic area of their share of the costs incurred under the General Welfare Assistance Act and the Family Benefits Act and, for the purpose, prescribing the municipalities that must share in that apportionment;

(c) respecting any matter referred to in this Schedule as prescribed. Apportionment of costs

(2) A regulation made under clause (1) (b) may do one or more of the following: 1. Authorize municipalities in a geographic area to determine by agreement how their costs are to be apportioned, subject to the prescribed conditions. 2. Provide for an arbitration process for determining how the costs of those municipalities are to be apportioned. 3. Set out the manner in which the costs of those municipalities are to be apportioned. Same

(3) A regulation under paragraph 1 or 2 of subsection (2) may,

(a) provide, on an interim basis, for the manner in which costs are to be apportioned and for the time and manner in which they are to be paid;

(b) permit an agreement or an arbitration decision to apply to costs incurred and paid before the agreement or decision is reached; and

(c) provide for the reconciliation of amounts paid on an interim basis. Same

(4) A regulation made under paragraph 3 of subsection (2) may provide for the reconciliation of amounts paid. Same

(5) A regulation under clause (1) (a) or (b) is, if it so provides, effective with respect to a period before it is filed. y

SCHEDULE E

CONSEQUENTIAL AMENDMENTS

' Family Law Act

2. Subsection 33 (3) of the Family Law Act is repealed and the following substituted: Idem

(3) An application for an order for the support of a dependant who is the respondent's spouse or child may also be made by one of the following agencies,

(a) the Ministry of Community and Social Services in the name of the Minister;

(b) a municipal corporation, including a metropolitan, district or regional municipality, but not including an area municipality;

(d) a band approved under section 15 of the General Welfare Assistance Act\; or

(e) a delivery agent under the Ontario Works Act, 1997,

if the agency is providing or has provided a benefit under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 in respect of the dependant's support, or if an application for such a benefit or assistance has been made to the agency by or on behalf of the dependant. Family Responsibility and Support Arrears Enforcement Act, 1996

3. (1) Clause 7 (1) (g) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is repealed and the following substituted:

(g) the payor is receiving benefits under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 and has no assets or income available to satisfy the support order and any arrears under the order.

(2) Section 14 of the Act is repealed and the following substituted: Minister may file orders

14. (1) If a recipient has applied and is eligible for, or has received, a benefit under the Family Benefits Act or assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997, a support order may be filed in the Director's office, whether or not the payor and recipient have given a notice to withdraw under subsection 16 (1) by the following:

1. The Ministry of Community and Social Services in the name of the Minister.

2. A municipal corporation, including a metropolitan, district or regional municipality, but not including an area municipality.

3. A district social services administration board under the District Social Services Administration Boards Act.

4. A band approved under section 15 of the General Welfare Assistance Act.

5. A delivery agent under the Ontario Works Act, 1997. Same

(2) If a support order is filed under subsection (1), the related support deduction order, if any, shall be deemed to be filed in the Director's office at the same time.

(3) Subsection 16 (2) of the Act is revoked and the following substituted: Consent of agency filing order

(2) A support order and related support deduction order, if any, that have been assigned to an agency referred to in subsection 14 (1) may not be withdrawn under subsection (1) except by the agency or with the consent of the agency so long as the orders are under assignment.

(4) Subsection 16 (4) of the Act is repealed and the following substituted: Same

(4) If there are arrears owing to an agency referred to in subsection 14 (1) from a past assignment, the Director may continue to enforce the support order and related support deduction order, if any, to collect the arrears owed to the agency, even if the payor and recipient have withdrawn the orders under this section.

(5) Section 17 of the Act is repealed and the following substituted: Notice of filings and withdrawals

17. The Director shall give notice of the filing or withdrawal of a support order or support deduction order to all the parties to the order, and at the request of any agency referred to in subsection 14 (1), to the agency.

(6) Subsection 24 (2) of the Act is repealed and the following substituted: Social assistance benefits

(2) Despite subsection (1), no amounts shall be deducted from any amount payable to a payor as a benefit under the Family Benefits Act or as assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or as income support under the Ontario Disability Support Program Act, 1997, in order to comply with a support deduction order unless authorized under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997.

(7) Subsection 28 (8) of the Act is revoked and the following substituted: When agency is a party

(8) An agency that has filed the related support order in the Director's office under subsection 14 (1) and an agency referred to in subsection 14 (1) to which a related support order has been assigned must also be served with notice of the motion and may be added as a party. French Language Services Act

4. Clause (e) of the definition of "government agency" in section 1 of the French Language Services Act is repealed and the following substituted:

(e) a service provider as defined in the Child and Family Services Act or a board as defined in the District Social Services Administration Boards Act that is designated as a public service agency by the regulations. Indian Welfare Services Act

5. (1) Section 2 of the Indian Welfare Services Act is repealed and the following substituted: Indians eligible for social assistance benefits

2. Every Indian resident in Ontario is entitled to the benefits of the Family Benefits Act or the Ontario Disability Support Program Act, 1997 to the same extent as any other person.

(2) Clause 3 (c) of the Act is repealed and the following substituted:

(c) respecting the payment of the cost of providing assistance under the General Welfare Assistance Act or assistance under the Ontario Works Act, 1997 for Indians. Insurance Act

6. Section 273.1 of the Insurance Act, as enacted by the Statutes of Ontario, 1996, chapter 21, section 32, is repealed and the following substituted: Information to Ministry of Community and Social Services, etc.

273.1 (1) Every insurer shall provide the Ministry of Community and Social Services, a municipality, a board established under the District Social Services Administration Boards Act, a band approved under section 15 of the General Welfare Assistance Act or a delivery agent under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997, with such information as may be prescribed by the regulations, including personal information, subject to such conditions as may be prescribed by the regulations. Definitions

(2) In this section,

"insurer" includes the Facility Association; ("assureur")

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

7. The definition of "district board" in subsection 374 (1) of the Municipal Act, as re-enacted by the Statutes of Ontario, 1997, Chapter 5, section 55, is repealed and the following substituted:

"district board" means a district social services administration board established under the District Social Services Administration Boards Act or a board of management established under the Homes for the Aged and Rest Homes Act. ("conseil de district") Municipal Conflict of Interest Act

8. The definition of "local board" in section 1 of the Municipal Conflict of Interest Act is amended by striking out "welfare" in the eleventh line and substituting "social services". Municipal Freedom of Information and Protection of Privacy Act

9. Clause (b) of the definition of "institution" in subsection 2 (1) of the Municipal Freedom of Information and Protection of Privacy Act is amended by striking out "welfare" in the sixth line and substituting "social services". Ontario Drug Benefit Act

10. Subsection 2 (2) of the Ontario Drug Benefit Act is repealed and the following substituted: Persons deemed eligible persons

(2) This Act applies to persons entitled to receive drug benefits under the Family Benefits Act, the Ontario Disability Support Program Act, 1997 and the Ontario Works Act, 1997 as if those persons were eligible persons. Reciprocal Enforcement of Support Orders Act

11. Section 10 of the Reciprocal Enforcement of Support Orders Act is repealed and the following substituted: Social assistance agency as claimant

10. A proceeding under this Act may be brought by,

(a) the Ministry of Community and Social Services in the name of the Minister;

(b) a municipal corporation, including a metropolitan, district or regional municipality, but not including an area municipality;

(d) a band approved under section 15 of the General Welfare Assistance Act\; or

(e) a delivery agent under the Ontario Works Act, 1997,

as claimant if the agency is providing or has provided a benefit under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 in respect of the dependant's support or if an application for such a benefit, assistance or income support has been made to the agency by or on behalf of the dependant. Regional Municipality of Sudbury Act

12. (1) Subsection 20 (1) of the Regional Municipality of Sudbury Act is repealed and the following substituted: Regional corporation deemed municipality under District Social Services Administration Board Act

(1) The Regional Corporation shall be deemed to be a municipality for the purposes of the District Social Services Administration Boards Act and as such shall be a member municipality of the District of Sudbury Social Services Administration Board.

(2) Subsection 20 (3) of that Act is repealed and the following substituted: Membership on District Social Services Administration Board

(3) Despite subsection 3 (4) of the District Social Services Administration Boards Act, a minimum of two thirds of the membership of the District Social Services Administration Board shall be members of the regional council, appointed by the regional council. Succession Law Reform Act

13. Subsection 58 (3) of the Succession Law Reform Act is repealed and the following substituted: Idem

(3) An application for an order for the support of a dependant may also be made by one of the following agencies,

(a) the Ministry of Community and Social Services in the name of the Minister;

(b) a municipal corporation, including a metropolitan, district or regional municipality, but not including an area municipality;

(d) a band approved under section 15 of the General Welfare Assistance Act\; or,

(e) a delivery agent under the Ontario Works Act, 1997,

if the agency is providing or has provided a benefit under the Family Benefits Act, assistance under the General Welfare Assistance Act or the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997 in respect of the dependant's support, or if an application for such a benefit, assistance or income support has been made to the agency by or on behalf of the dependant.