Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A

JurisdictionOntario

Ontario Works Act, 1997

S.O. 1997, CHAPTER 25
Schedule A

Consolidation Period: From October 26, 2023 to the e-Laws currency date.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by striking out “employment assistance” wherever it appears and substituting in each case “employment and life stabilization assistance”. (See: 2021, c. 25, Sched. 21, s. 22)

Last amendment: 2023, c. 15, Sched. 7.

CONTENTS

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Purpose of Act

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

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

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

(c) effectively serves people needing assistance; and

(d) is accountable to the taxpayers of Ontario. 1997, c. 25, Sched. A, s. 1.

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”)

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a day to be named by proclamation of the Lieutenant Governor, the definition of “assistance” in section 2 of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 21, s. 1 (2))

“assistance” means employment and life stabilization assistance and basic financial assistance; (“aide”)

“basic financial assistance” means assistance under section 5; (“aide financière de base”)

“benefit unit” means a person and all of his or her dependants on behalf of whom the person applies for or receives basic financial assistance; (“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 biométriques”)

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

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “community participation” in section 2 of the Act is repealed. (See: 2021, c. 25, Sched. 21, s. 1 (1))

“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”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by adding the following definition: (See: 2021, c. 25, Sched. 21, s. 1 (3))

“delivery partner” for a geographic area means the delivery partner designated by the Minister to carry out prescribed powers and duties relating to the administration of this Act and the provision of assistance in that area; (“partenaire en prestation de 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”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 of the Act is amended by adding the following definition: (See: 2021, c. 25, Sched. 21, s. 1 (3))

“employment and life stabilization assistance” means assistance under section 4; (“aide à l’emploi et à la stabilisation de la vie”)

“employment assistance” means assistance under section 4; (“aide à l’emploi”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “employment assistance” in section 2 of the Act is repealed. (See: 2021, c. 25, Sched. 21, s. 1 (1))

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

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “employment measures” in section 2 of the Act is repealed. (See: 2021, c. 25, Sched. 21, s. 1 (1))

“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”, “ministère”)

“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; (“bénéficiaire”)

“regulations” means the regulations made under this Act; (“règlements”)

“Tribunal” means the Social Benefits Tribunal established under section 60. (“Tribunal”) 1997, c. 25, Sched. A, s. 2; 2002, c. 17, Sched. F, Table.

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 01/01/2003

2021, c. 25, Sched. 21, s. 1 (1-3) - not in force

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. 1997, c. 25, Sched. A, s. 3.

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 21, s. 22 - not in force

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. 1997, c. 25, Sched. A, s. 4.

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

Employment and life stabilization assistance

4 Employment and life stabilization assistance is the prescribed assistance to help a person to become and stay employed. 2021, c. 25, Sched. 21, s. 2.

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 21, s. 2 - not in force

Basic financial assistance

5 Basic financial assistance includes,

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

(b) benefits; and

(c) emergency assistance. 1997, c. 25, Sched. A, s. 5.

Who receives employment and life stabilization assistance

6 Employment assistance may be provided for,

(a) a recipient or a dependant;

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

(c) members of a prescribed class of persons. 1997, c. 25, Sched. A, s. 6.

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 21, s. 22 - not in force

Who receives income assistance

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;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (a) of subsection 7 (4) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 21, s. 3)

(a) participate in any prescribed employment and life stabilization assistance activities; and

(b) participate in employment measures;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) of subsection 7 (4) of the Act is repealed. (See: 2021, c. 25, Sched. 21, s. 3)

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

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) of subsection 7 (4) of the Act is repealed. (See: 2021, c. 25, Sched. 21, s. 3)

(d) accept and maintain employment. 1997, c. 25, Sched. A, s. 7.

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 21, s. 3 - not in force

Who receives benefits

8 Benefits may be provided for,

(a) a recipient or a dependant;

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

(c) members of the prescribed classes of persons. 1997, c. 25, Sched. A, s. 8.

Who receives emergency assistance

9 Emergency assistance may be provided in accordance with the regulations to or for the benefit of a person who meets the prescribed conditions. 1997, c. 25, Sched. A, s. 9.

Temporary care assistance

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

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

(b) the child is in financial need;

(c) the child is not a dependant under this Act or the Ontario...

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