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ontario regulation 314/01

made under the

ontario works act, 1997

Made: August 8, 2001
Filed: August 10, 2001
Printed in The Ontario Gazette: August 25, 2001

Amending O. Reg. 134/98

(General)

Note: Since the end of 2000, Ontario Regulation 134/98 has been amended by Ontario Regulation 236/01.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.

1. Section 25 of Ontario Regulation 134/98 is amended by adding the following subsection:

(2) In this Part,

“literacy” means,

(a) literacy in either English or French, and

(b) numeracy.

2. (1) Section 26 of the Regulation is amended by adding the following paragraphs:

2.1 A literacy screening test approved by the Director.

2.2 A literacy assessment, a literacy training program, or both.

(2) Paragraph 3 of section 26 of the Regulation is revoked and the following substituted:

3. Other basic education and job-specific skills training.

3. The Regulation is amended by adding the following section:

Approval of Delivery Agents

26.1 The Director may approve delivery agents in respect of the employment assistance activities referred to in paragraphs 2.1 and 2.2 of section 26, for the purpose of section 29.

4. Section 29 of the Regulation is amended by adding the following subsections:

(1.1) An administrator may require an applicant or a member of an applicant’s benefit unit, other than a dependent child who is of pre-school age or attending school and other than an applicant who will receive only temporary care assistance, to participate in the employment assistance activity referred to in paragraph 2.1 of section 26.

(1.2) Despite subsections (1) and (1.1), participation in an employment assistance activity referred to in paragraph 2.1 or 2.2 of section 26 may be required only by an administrator for a delivery agent that has been approved by the Director under section 26.1.

(1.3) Despite subsections (1) and (1.1), an administrator shall not require a person to participate in an employment assistance activity referred to in paragraph 2.1 or 2.2 of section 26, if the person provides to the administrator a written statement from a member of the College of Physicians and Surgeons of Ontario or a member of the College of Psychologists of Ontario certifying that the person has a learning disorder.

5. (1) Subsection 33 (3) of the Regulation is revoked and the following substituted:

(3) If the recipient’s benefit unit includes a dependant, the assistance shall be reduced by an amount equal to the budgetary requirements and benefits for the participant to whom subsection (1) applies,

(a) for six months if,

(i) clause (1) (a) or (b) applies and assistance or income support under the Ontario Disability Support Program Act, 1997 with respect to the participant has been previously refused, cancelled or reduced for a reason referred to in one of those clauses, or

(ii) clause (1) (c) applies and assistance or income support under the Ontario Disability Support Program Act, 1997 with respect to the participant has been previously refused, cancelled or reduced for a reason referred to in that clause; or

(b) for three months otherwise.

(2) Section 33 of the Regulation is amended by adding the following subsections:

(5) If a participant refuses, or fails to make reasonable efforts, to participate in an employment assistance activity that is referred to in paragraph 2.2 of section 26 and that has been required under subsection 29 (1), and if, based on information received from or about the participant, the administrator believes on reasonable grounds that the participant may have a learning disorder, the administrator may give the participant a reasonable period of time not exceeding 90 days to obtain from a member of the College of Physicians and Surgeons of Ontario or a member of the College of Psychologists of Ontario a written statement certifying that the participant has a learning disorder.

(6) If the participant obtains the statement referred to in subsection (5) within the period of time given by the administrator under subsection (5), the administrator shall not cancel or reduce the recipient’s assistance under clause (1) (b).

6. Clause 34 (1) (b) of the Regulation is revoked and the following substituted:

(b) refuses to participate in an employment assistance activity that has been required under subsection 29 (1.1) or that will be required under subsection 29 (1); or

 

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