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O. Reg. 12/02: ADMINISTRATION AND COST SHARING

filed January 25, 2002 under Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A

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ontario regulation 12/02

made under the

Ontario works act, 1997

Made: January 23, 2002
Filed: January 25, 2002
Printed in The Ontario Gazette: February 9, 2002

Amending O. Reg. 135/98

(Administration and Cost Sharing)

1. The definition of “cost of administration” in section 1 of Ontario Regulation 135/98 is revoked and the following substituted:

“cost 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”)

2. (1) Clause 7 (1) (c) of the Regulation is revoked and the following substituted:

(c) if the delivery agent does not employ a full-time administrator, 50 per cent of the delivery agent’s reasonable costs of staff training, as approved by the Director, that form part of the delivery agent’s cost of administration.

(2) Clauses 7 (2.1) (c), (d) and (e) of the Regulation are revoked and the following substituted:

(c) if the delivery agent employs a full-time administrator,

(i) 50 per cent of the delivery agent’s reasonable cost of administration, as approved by the Director, incurred in respect of assistance provided in a municipality, and

(ii) 100 per cent of the delivery agent’s reasonable cost of administration, as approved by the Director, incurred in respect of assistance provided in territory without municipal organization; and

(d) if the delivery agent does not employ a full-time administrator,

(i) 50 per cent of the delivery agent’s reasonable costs of staff training, as approved by the Director, that form part of the delivery agent’s cost of administration and that are incurred in respect of assistance provided in a municipality, and

(ii) 100 per cent of the delivery agent’s reasonable costs of staff training, as approved by the Director, that form part of the delivery agent’s cost of administration and that are incurred in respect of assistance provided in territory without municipal organization.

3. The English version of section 13.1 of the Regulation is amended by striking out “costs of administration” at the end and substituting “cost of administration”.

4. Section 13.2 of the Regulation is amended by adding the following subsection:

(6) Haldimand County and Norfolk County may not enter into an agreement under subsection (1) that apportions between them the prescribed costs payable or to be payable by them under this Regulation for a period before January 1, 2002.

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

13.2.1 (1) If, by March 1, 2002, Haldimand County and Norfolk County have entered into an agreement under subsection 13.2 (1) that apportions between them the prescribed costs payable or to be payable by them under this Regulation for the period commencing on January 1, 2002, subsections 13.2 (2) and (3) do not apply to the agreement.

(2) The agreement becomes effective on January 1, 2002, even if it is made after that date.

(3) If the agreement is made after January 1, 2002, it shall provide for a monetary reconciliation between the parties.

6. Section 13.4 of the Regulation is amended by,

(a) striking out “Arbitrations under sections 13.5, 13.6 and 13.7” at the beginning and substituting “Arbitrations under sections 13.5, 13.5.1, 13.6 and 13.7”; and

(b) adding the following paragraph:

6.1 An arbitration between Haldimand County and Norfolk County shall not deal with the prescribed costs payable or to be payable under this Regulation by either of them for a period before January 1, 2002.

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

13.5.1 (1) If, by March 1, 2002, Haldimand County and Norfolk County have not entered into an agreement under subsection 13.2 (1) that apportions between them the prescribed costs payable or to be payable by them under this Regulation for the period commencing on January 1, 2002, they shall be deemed to have commenced an arbitration on March 1, 2002 of the apportionment between them of those costs.

(2) At any time before March 1, 2002, either of Haldimand County and Norfolk County may, by serving a notice on the other, commence an arbitration of the apportionment between them of the prescribed costs payable or to be payable by them under this Regulation for the period commencing on January 1, 2002.

(3) The rules set out in section 13.4 and the following rule apply to an arbitration under subsection (1) or (2):

1. The final award shall come into effect or be deemed to have come into effect on January 1, 2002, and remains in effect unless superseded by an agreement under section 13.2 or a final award in a subsequent arbitration.

8. (1) Subsection 13.8 (3) of the Regulation is amended by adding the following paragraph:

6.1 An arbitration between Haldimand County and Norfolk County shall not deal with the prescribed costs payable or to be payable under this Regulation by either of them for a period before January 1, 2002.

(2) Paragraph 12 of subsection 13.8 (3) of the Regulation is revoked and the following substituted:

12. That part of the final award in the consolidated arbitration attributable to the prescribed costs comes into effect in accordance with subsection 13.5 (3), 13.5.1 (3), 13.6 (2) or 13.7 (4), as the case may be.

 

 

 

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