O. Reg. 341/24: ADMINISTRATION AND COST SHARING

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ontario regulation 341/24

made under the

Ontario Works Act, 1997

Made: August 29, 2024
Filed: September 3, 2024
Published on e-Laws: September 3, 2024
Published in The Ontario Gazette: September 21, 2024

Amending O. Reg. 135/98

(ADMINISTRATION AND COST SHARING)

1. Ontario Regulation 135/98 is amended by striking out the heading “Application and Interpretation”.

2. Sections 0.1 to 15 of the Regulation are revoked and the following substituted:

Interpretation

Definitions

1. In this Regulation,

“assistance costs” means the costs set out in subsection 2 (1); (coûts de l’aide)

“cost sharing agreement” means an agreement described in subsection 14 (1); (“entente de partage des coûts”)

“costs of administration” means the administrative costs, including the costs of staff training, incurred with respect to providing assistance under the Act, except for administrative costs otherwise reimbursed or cost shared by Ontario; (“coûts d’administration”)

“geographic area” means an area designated as a geographic area in Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act. (“zone géographique”)

Interpretation

2. (1) Assistance costs are the sum of,

(a) the cost of assistance provided under the Act, except the cost of employment assistance otherwise reimbursed or cost shared by Ontario; and

(b) the cost of interim assistance provided under the Act.

(2) Unless otherwise provided, with respect to a geographic area where the Ministry is the delivery agent,

(a) a reference in this Regulation to a delivery agent shall be deemed to be a reference to the delivery partner designated for that geographic area; and

(b) a reference in this Regulation to an administrator shall be deemed to be a reference to the delivery partner designated for that geographic area.

Cost Sharing

Responsibility re costs

3. A delivery agent is responsible for the assistance costs and the costs of administration in the geographic area of the delivery agent and the following rules apply with respect to those costs:

1. The assistance costs and the costs of administration shall be subsidized by Ontario in accordance with sections 4 to 9.

2. In a geographic area with more than one municipality, the amount not subsidized by Ontario shall be apportioned amongst the municipalities in accordance with section 14 to 18 and section 22.

Subsidies

Calculation of subsidies

4. (1) Subject to section 5, with respect to a geographic area that does not include territory without municipal organization, the subsidy payable by Ontario to a delivery agent shall be equal to the sum of,

(a) 100 per cent of the assistance costs incurred by the delivery agent; and

(b) 50 per cent of the reasonable costs of administration incurred by the delivery agent.

(2) Subject to section 5, with respect to a geographic area that includes territory without municipal organization, the subsidy payable by Ontario to a delivery agent shall be equal to the sum of,

(a) 100 percent of the assistance costs incurred by the delivery agent;

(b) 50 per cent of the reasonable costs of administration incurred by the delivery agent in respect of assistance provided in a municipality; and

(c) 100 per cent of the reasonable costs of administration incurred by the delivery agent in respect of assistance provided in a territory without municipal organization.

(3) For the purposes of subsection (2), the reasonable costs of administration provided in the Town of Moosonee shall be calculated as if they were incurred in a territory without municipal organization.

(4) The Director shall determine the reasonable costs of administration for the purposes of subsections (1) and (2).

(5) If a delivery agent is subsequently designated as a delivery partner, the Minister may deduct any amounts the delivery partner owed when it was acting as a delivery agent from any subsidy payable by Ontario to the delivery partner.

(6) The rule of application in subsection 2 (2) does not apply to subsection (5) of this section.

Maximum discretionary benefits

5. (1) For each geographic area, the maximum amount the delivery agent may receive in a month as a subsidy for assistance costs incurred in providing the benefits set out in section 59 of Ontario Regulation 134/98 (General) made under the Act is the sum of,

(a) the product obtained by multiplying $10.00 by the number of recipients who received basic financial assistance in that month in the geographic area; and

(b) the product obtained by multiplying $10.00 by the number of recipients receiving income support under the Ontario Disability Support Program Act, 1997 in that month in the geographic area.

(2) If the sum of clauses (1) (a) and (b) is lower than $2,500 in a month, the amount of assistance costs incurred by the delivery agent shall be deemed, for the purposes of subsection (1), to be $2,500.

Costs paid by Director

6. (1) The Director shall pay, on behalf of an applicant or recipient,

(a) the cost of completion of a medical report if it is a report or a supplementary report requested by the administrator or delivery partner, as the case may be, and submitted by an approved health professional; and

(b) the cost of completion by an approved health professional of an application for a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act or a nutritional allowance referred to in paragraph 6 of subsection 41 (1), paragraph 6 of subsection 44 (1), paragraph 6 of subsection 44 (2), paragraph 5 of subsection 44 (3) or clause 57 (5) (e) of Ontario Regulation 134/98 (General) made under the Act.

(2) Subsection 2 (2) does not apply with respect to clause (1) (a) of this section.

Recovery of assistance paid

7. (1) A delivery agent that recovers all or part of assistance paid to a recipient shall pay the amount recovered to Ontario.

(2) For greater certainty, subsection (1) applies in respect of a delivery partner that recovers assistance that it paid when it was designated as a delivery agent.

(3) Subsection 2 (2) does not apply with respect to subsection (2) of this section.

Payments to non-eligible recipients

8. The amount of assistance paid by a delivery agent to a recipient who was not eligible for the payment may be included as part of the assistance costs for the purposes of a calculation under section 4.

Payments by Director

9. The Director may pay assistance to any person who is eligible for it and may deduct an amount equal to the costs of administration incurred by Ontario as a result of paying the assistance to the person from a subsidy payable to the delivery agent designated for that person’s geographic area.

Administration

Applications, reports and accounts

10. (1) An administrator shall provide the Director with an application for payment of a subsidy by Ontario in respect of the assistance paid in each month.

(2) An administrator shall provide the Director with an annual application for payment of a subsidy by Ontario with respect to the costs of administration incurred by the delivery agent.

(3) An administrator shall provide the Director with a quarterly report with respect to costs referred to in subsection (2), if requested to do so by the Director,

(4) An administrator shall complete and retain in their files a separate statement of account for each recipient to whom or on whose behalf assistance has been paid during each month.

Information required by Director

11. (1) The Director may,

(a) require an administrator to provide the Director with whatever information as to the contents of the information submitted under section 10 that the Director considers necessary; and

(b) require an inspection and audit of the books and accounts of the delivery agent relating to the information submitted under section 10.

(2) An administrator shall provide the Director with such information and evidence as the Director may require with respect to an applicant or recipient to determine whether or not the applicant or recipient is eligible for assistance.

Review of eligibility

12. An administrator shall review at regular intervals the eligibility of recipients and the amount of assistance payable with respect to them.

No disclosure

13. A person administering or enforcing the Act on behalf of a delivery agent shall not disclose the identity of a person who is eligible for or receives assistance to the head or a member of one of the following bodies without the prior approval of the Director:

1. The council of a municipality, including a regional or district municipality.

2. The council of a band.

3. A district social services administration board.

Geographic Areas with More than One Municipality

Agreements

Cost sharing agreement

14. (1) The municipalities in a geographic area may enter into a cost sharing agreement under which the costs payable by those municipalities under this Regulation are apportioned among them.

(2) If a cost sharing agreement is effective with respect to a period before it is made, the agreement shall address any debts owing or owed between the parties with respect to that period.

(3) The delivery agent shall provide a copy of the cost sharing agreement to the Ministry.

Arbitration

Arbitration, after expiry or termination of agreement

15. (1) A party may commence an arbitration with respect to apportionment of costs by serving a notice on the other parties,

(a) at any time during the 12 months preceding the date of expiry of a cost sharing agreement; or

(b) if a notice of termination of the cost sharing agreement is served, on or after the day it is served.

(2) If the cost sharing agreement expires or is terminated and the parties have not entered into a new cost sharing agreement or commenced arbitration pursuant to subsection (1), the parties shall be deemed to have commenced an arbitration with respect to apportionment on the last day of the month in which the cost sharing agreement expired or was terminated.

Arbitration, after previous final award

16. A party that has been subject to a final award for at least two years may, by serving a notice on the other parties subject to the final award, commence a new arbitration with respect to the apportionment of costs among the parties.

Arbitration rules

17. (1) Arbitrations under sections 15 and 16 are governed by this section and the Arbitration Act, 1991 and are subject to the following rules:

1. The parties may jointly appoint a single arbitrator on or after the day the arbitration is commenced.

2. If the parties have not appointed an arbitrator, the Superior Court of Justice may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991.

3. The arbitrator shall make a final award that disposes of the issue, within three months after being appointed.

4. The date by which the arbitrator is required to make an award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991, unless that date is extended by agreement of the parties.

5. The final award shall apportion among the parties the costs payable by the municipalities in the geographic area.

6. The final award may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties.

7. A party may appeal the final award to the Superior Court of Justice only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45 (1) (a) and (b) of the Arbitration Act, 1991 are met. No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties.

8. The arbitrator shall provide a copy of the final award to the Minister as soon as possible after it is made.

9. At any time during the arbitration, the parties may enter into a cost sharing agreement that includes an apportionment of the costs of the arbitration among the parties, in which case the arbitration terminates.

10. The parties may, at any time, amend the final award by agreement or replace the award with a cost sharing agreement.

(2) The following rules also apply with respect to an arbitration under section 15:

1. Subject to paragraph 2, the final award shall come into effect or be deemed to have come into effect on the day the cost sharing agreement expires or is terminated.

2. If the cost sharing agreement expires or is terminated before the final award is made,

i. the cost sharing agreement shall be deemed to be in effect until the final award is made, and

ii. the final award shall provide for a monetary reconciliation among the parties.

(3) With respect to an arbitration under section 16, the final award shall come into effect and supersede the previous award or be deemed to have come into effect and superseded the previous award on the later of the day that is three years after the effective date of the last award and the day the notice is served.

Multiple arbitrations

18. (1) If an arbitration is commenced or deemed to have been commenced under this Regulation and an arbitration involving the same parties is also commenced under a regulation made under provisions listed in subsection (2) but an arbitrator has not yet been appointed for any of the arbitrations,

(a) one arbitrator shall be appointed for all of the arbitrations; and

(b) the arbitrations shall be held as one arbitration.

(2) Subsection (1) applies with respect to an arbitration commenced under a regulation made under:

1. Clause 22 (1) (e.2) and paragraph 2 of subsection 22 (2.1) of the Ambulance Act.

2. Clause 22 (1) (e.5) and paragraph 2 of subsection 22 (2.3) of the Ambulance Act.

3. Subsection 22.0.1 (1), clause 22.0.1 (2) (b) and paragraph 2 of subsection 22.0.1 (2.1) of the Ambulance Act.

4. Clause 82 (1) (w) of the Child Care and Early Years Act, 2014.

5. Paragraph 42 of subsection 55 (1) and paragraph 2 of subsection 55 (8) of the Ontario Disability Support Program Act, 1997.

6. Clause 181 (1) (a) of the Housing Services Act, 2011, as it relates to paragraph 2 of section 113 of that Act.

(3) An arbitration under this section is governed by this section and the Arbitration Act, 1991, subject to the following rules:

1. The parties may jointly appoint a single arbitrator on or after the day the arbitrations are consolidated.

2. If the parties are entitled to appoint an arbitrator jointly but have not done so, the Superior Court of Justice may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991.

3. The arbitrator shall make a final award that disposes of the issue within three months after being appointed.

4. The date by which the arbitrator is required to make an award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991, unless the date is extended by agreement of the parties.

5. The final award shall apportion among the parties the costs payable by the municipalities in the geographic area.

6. The final award may be effective with respect to a period or periods before it is made and, in that case, shall provide for a monetary reconciliation among the parties.

7. A party may appeal the final award to the Superior Court of Justice only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45 (1) (a) and (b) of the Arbitration Act, 1991 are met. No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties.

8. The arbitrator shall provide a copy of the final award to the Minister as soon as possible after it is made.

9. At any time during the arbitration, the parties may enter into a cost sharing agreement that includes an apportionment among the parties of the costs of the arbitration attributable to the costs payable by the municipalities in the geographic area, in which case that part of the arbitration terminates.

10. The parties may, at any time, amend the final award with respect to the costs payable by the municipalities in the geographic area or replace that part of the award with a cost sharing agreement.

11. That part of the final award in the consolidated arbitration attributable to the costs payable by the municipalities in the geographic area comes into effect in accordance with subsection 17 (2) or (3), as the case may be.

Application

19. Sections 15 to 18 do not apply in a geographic area in which a district social services administration board is the delivery agent.

Accommodation for Appeals

Accommodation for appeals

20. A delivery agent shall provide a suitable room and other necessary accommodation for holding hearings of the Tribunal in the delivery agent’s geographic area.

Emergency Hostel Services

Emergency Hostel Services

21. A delivery agent may contract with a person or organization for the provision of emergency hostel services.

Transition

Transition

22. (1) An agreement apportioning the costs payable by municipalities in a geographic area is continued as a cost sharing agreement for the purposes of this Regulation if the agreement,

(a) was made before a delivery partner was designated for the geographic area; and

(b) was still in effect when the designation was made.

(2) An arbitration award apportioning the costs payable by municipalities in a geographic area is continued as an arbitration award for the purposes of this Regulation if the award,

(a) was made before a delivery partner was designated for the geographic area; and

(b) was still in effect when the designation was made.

(3) The following rules apply with respect to an arbitration apportioning the costs payable by municipalities in a geographic area that was commenced before a delivery partner was designated for the geographic area and that had not yet concluded when the designation was made:

1. The arbitration shall be continued as an arbitration under this Regulation.

2. Section 17 or 18, as the case may be, applies with respect to the arbitration.

3. For greater certainty, the final award may be effective with respect to a period before the delivery partner was designated and may provide for a monetary reconciliation with respect to such a period.

(4) Subsections (2) and (3) do not apply in a geographic area in which a district social services administration board is the delivery agent.

(5) Subsection 2 (2) does not apply with respect to this section.

Commencement

3. This Regulation comes into force on the later of October 1, 2024 and the day this Regulation is filed.

 

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