Social assistance in Ontario is provided through two main pieces of legislation, the Ontario Works Act, l997 and the Ontario Disability Support Program Act, l997.  These Acts indicate what type of assistance is available and who is eligible to receive it.  

• The Ontario Works Act, 1997 click here, provides basic financial assistance to people who are in need while they attempt to become employed or stay employed.  The Act establishes Ontario Works, a program designed to help participants become self-sufficient.  This Act is administered locally by service managers designated by the Minister.  The service managers are generally local municipalities or District Social Service Area Boards.  For more information on the Ontario Works Program, click here.

• The Ontario Disability Support Program Act, 1997 click here, provides an income support program for people with disabilities and support for children with severe disabilities. Employment supports are also provided under the Act. This Act is administered by the province.  For more information on the Ontario Disability Support Program, click here.

Both Acts outline the process for reviewing decisions where a person has been denied assistance or when his/her assistance has been reduced or cancelled.

The Social Benefits Tribunal is established under the Ontario Works Act, 1997, click here.

The Statutory Powers Procedure Act also applies to hearings of the Tribunal.  For more information on the Statutory Powers Procedure Act, click here.

ONTARIO WORKS ACT, 1997

The Ontario Works Act, 1997 provides temporary assistance to people in financial need while they satisfy certain obligations to become employed or stay employed.  Employment assistance is provided to people receiving financial assistance under the Act and assistance is available for emergency situations and for those who are temporarily caring for children.

Ontario Regulation 134/98 click here, as amended, provides more information about the requirements of the Act.  Together, the Act and this Regulation identify:

• Who is eligible for assistance
• The obligations of people on assistance to be involved in employment assistance activities. 
• The application process for persons seeking financial assistance
• Responsibilities of recipients and their dependants while receiving assistance
• The amount of financial assistance and the method of calculation
• The amount and types of income and assets that are considered to determine if a person is eligible
• The reasons for which assistance can be refused, cancelled or reduced by the  administrator
• The review of decisions of the administrator
• The Social Benefits Tribunal and its powers
• An appeal to the Social Benefits Tribunal and the process for such an appeal
• The right to appeal to Divisional Court on an error of law.

ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997

The Ontario Disability Support Program Act, 1997 provides an income and employment support program for people with disabilities and prescribed persons (as defined by the Act).   It authorizes assistance on behalf of children with severe disabilities. In addition, certain other people are acknowledged to be eligible. 

Ontario Regulation 222/ 98 click here, as amended, provides more information about specific provisions in the Act, such as:

• How to apply for Ontario Disability Support Program
• Who is a person with a disability
• The role of the Disability Adjudication Unit in determining if a person has a disability
• The responsibilities a person and his or her dependants must meet to be eligible
• The amount of income support and benefits available
• The amount and types of income and assets that are considered to determine if a person and his or her dependants are eligible
• The reasons for a director to refuse, cancel or reduce income support
• The review of decisions of the director not to grant or to cancel or reduce income support or benefits
• An appeal to the Social Benefits Tribunal and the process for an appeal
• The right to appeal to Divisional Court on an error of law.

Ontario Regulation 224/98, as amended, provides more information about assistance for children with severe disabilities.  It authorizes financial assistance to a parent on behalf of a child with severe disabilities who is under 18 years of age.  It describes who is eligible for assistance, and how much a person can receive based on the income of the parent, the severity of the child s disability and the expenses incurred for the child.

STATUTORY POWERS PROCEDURE ACT

This Act sets out procedures for tribunals in Ontario that hold hearings to determine the legal rights of persons or the eligibility of persons to a benefit or a licence.  The Act generally applies to the Social Benefits Tribunal, although certain sections of the Act might not apply.