September 2022

Summary of Policy

Income support may be provided to a person with a disability who is a resident of Ontario.

All applicants and recipients who are not Canadian born citizens must provide documentation to verify their status in the country.

All applicants/recipients must make reasonable efforts to pursue any available financial resource. This includes support from a sponsor (and co-signerfootnote 1, if applicable) under a sponsorship undertaking made under the Immigration and Refugee Protection Act (IRPA)footnote 2. The Director may require an ODSP applicant/recipient to agree to reimburse Ontario for any income support out of funds paid under a sponsorship agreement.

A tourist is not eligible for income support. A visitor is also not eligible for income support unless they have made a claim for refugee protection or applied for status as a permanent resident under IRPA. A deportee may be eligible for income support in some circumstances (see Deportee section).

Refugees may be eligible for income support as long as they have pursued all available financial resources and all eligibility criteria are met. Refugees are expected to pursue income support through the federal Resettlement Assistance Program (RAP). Any income support received through the RAP is deducted dollar-for-dollar when determining the amount of income support a person may be eligible to receive under ODSP.

The Minister may enter into information sharing agreements with respect to the collection, use and disclosure of information and may share the information with a delivery partner under the Ontario Works Act if necessary.

Legislative Authority

Intent of Policy

  • To ensure that income support is only provided to permanent residents of Ontario, or to persons without immigration status whom Immigration, Refugees and Citizenship Canada (IRCC) has allowed to stay in the country
  • To ensure that sponsored immigrants access resources available from their sponsors
  • To reduce sponsorship default and recover sponsorship debt

Application of Policy

Standards

The following standards must be met:

  • applicants must meet the eligibility requirements under the Act and Regulations to receive assistance
  • applicants must have exhausted all other financial resources with respect to the provisions under the IRPA

Status in the Country

All applicants and recipients who are not Canadian born citizens must verify their status in Canada.

Acceptable documentation must be provided and copies kept on file. Acceptable documentation includes one of the following:

  • Certificate of Canadian Citizenship
  • valid Canadian passport
  • Indian status card or Temporary Confirmation of Registration Document
  • Confirmation of Permanent Residence (IMM 5292 or 5509)
  • Permanent Resident Card
  • letter issued by IRCC verifying permanent residence status
  • proof of application for permanent residence status
  • Refugee Protection Claimant Document (IMM-1442)
  • Acknowledgement of Claim and Notice to Return for Interview Form
  • Entry for Further Examination or Admissibility Hearing Form
  • Acknowledgement of Conditions Form (IMM-1262)
  • Determination of Eligibility for refugee status (IRCC form IMM1442 or IMM5292)
  • Temporary Resident (IMM1442 or IMM1263)
  • other acceptable document that confirms status in Canada (such as the Request for Family Class Information (RFCI) form completed by IRCC)

Ontario has an information sharing agreement with IRCC. Under this agreement, the IRCC Windsor office may be contacted for confirmation of an applicant/recipient’s status in Canada. However, the agreement permits ODSP staff to provide information to IRCC to administer and enforce federal immigration legislation only when IRCC requests it.

Note: where the applicant or recipient is a sponsored immigrant, verification of the length of the sponsorship undertaking and the name of the sponsor must be on file (i.e. RFCI, record of landed status, etc.).

Eligibility of Tourists

Tourists are people who are in Canada for a short period of time. They are not eligible for ODSP.

Eligibility of Visitors

Visitors are people who are in Canada for a temporary purpose. A visitor may have a temporary resident visa (TRV), an electronic travel authorization (ETA), study and/or work permit, or may be temporarily re-located from another country (e.g., a natural disaster has forced a community evacuation).

Visitors are not eligible for ODSP unless they have made a claim for refugee protection or applied for status as a permanent resident under IRPA.

Where a spouse is a visitor, and has not made a claim for refugee protection or applied for status as a permanent resident, they are included in the benefit unit as a non-compliant member.

The income and assets of the non-compliant member (i.e. spouse) is still included in the calculation of income support for the benefit unit.

Eligibility of Convention Refugees

Convention refugees are selected by the federal Immigration and Refugee Board (IRB) based on the United Nations Convention Relating to the Status of Refugees. Convention refugees may be sponsored by either the federal government or a private sponsor (e.g., community group) and are provided with resettlement assistance.

Individuals who are selected as Convention refugees while residing outside of Canada are granted landed immigrant status upon their arrival. Resettlement assistance is arranged by the federal government through the Resettlement Assistance Program (RAP), the Private Sponsorship of Refugees Program (PSR) or the Joint Assistance Sponsorship Program (JAS).

Refugees receiving support through the RAP or a private sponsor may be eligible for income support as long as they have pursued all available financial resources and all eligibility criteria are met. Refugees are expected to pursue income support through the RAP. Any income support received through the RAP is deducted dollar-for-dollar when determining the amount of income support a person may be eligible to receive under ODSP.

Eligibility of In-Country Refugee Claimants

Individuals who wish to make a refugee claim from within Canada can do so either at a port of entry or in-land at a local IRCC office.

Individuals who apply for refugee protection at a port of entry (e.g. airport) may have their claim immediately assessed by a border services officer for referral to the IRB. Individuals whose claims are determined eligible for referral to the IRB will be provided with a Refugee Protection Claimant Document (IMM-1442).

In some cases, individuals making a claim at a port of entry may be authorized to enter Canada for further examination. In these cases, individuals are provided with an appointment to have their claim reviewed by an immigration officer on a future date.

Individuals making an in-land refugee claim must contact a local IRCC office to schedule an appointment for their claim to be reviewed.

In-Country (in-land and port of entry) refugee claimants with official documentation confirming they have made a claim for refugee protection are eligible for ODSP effective the date they initiated their claim with an immigration officer. Official documentation includes:

  • Refugee Protection Claimant Document (IMM-1442)
  • Acknowledgement of Claim and Notice to Return for Interview Form
  • Entry for Further Examination or Admissibility Hearing Form
  • Acknowledgement of Conditions Form (IMM-1262)

In cases where an individual has a future appointment scheduled with the IRCC to determine if their claim is eligible for referral to the IRB, the status of their claim must be verified 1 week (5 working days) after their scheduled appointment with an immigration officer

Eligibility of Deportees

Deportees are individuals who are under removal orders (i.e. departure, deportation, or exclusion orders) and who must leave the country within a specified period of time.

Deportees may be eligible for ODSP only in situations where:

  • a pre-removal risk assessment is pending
  • the removal order has been stayed
  • the individual has been granted permission to stay in Canada for humanitarian, compassionate or other reasons under the authority of the IRPA
  • the removal order cannot be carried out for reasons entirely beyond the control of the individual, such as:
    • travel documentation and arrangements are delayed or have not been finalized by the IRCC
    • IRCC has determined that the safety of the deportee cannot be assured in the home country due to strife or political unrest
    • criminal charges have been laid, but not yet heard

Eligibility for the Transition Child Benefit

Convention refugees/refugee claimants, permanent residents, and temporary residents who have been in Canada for at least 18 months, are eligible to apply for the Ontario Child Benefit (OCB) and the Canada Child Benefit (CCB). They may also be eligible for the Transition Child Benefit (TCB) provided they meet the criteria for that benefit (i.e., not receiving the OCB and/or the National Child Benefit Supplement (NCBS) or are receiving less than the maximum amount under either) and are otherwise eligible for ODSP (see Directive 9.20 - Transition Child Benefit for more information).

See Appendix A for definitions of the classes of the above mentioned persons.

In a shared custody situation, 50% of the monthly TCB will be provided to each parent, as long as they share custody and are not eligible for the CCB/OCB (see Directive 2.2 - Who is Eligible: Dependent Children for more information).

Family Class Immigrants

Family class immigrants are sponsored by eligible relatives who reside in Canada. In these cases, the sponsor signs an undertaking to the federal government to look after the needs of the sponsored family member(s) for varying lengths of time. The family class sponsorship agreement is between the Government of Canada, the sponsor and the sponsored immigrant, and includes the following documents:

  • Undertaking: signed by the sponsor (and co-signer, where applicable). The sponsor commits to the Government of Canada that they will look after the needs of the sponsored immigrant and their dependent(s) as applicable; and
  • Sponsorship Agreement: signed by the sponsor (and co-signer, where applicable) and the sponsored immigrant. The sponsor commits to provide the basic requirements for daily living for the sponsored immigrant and their dependent(s) included in undertaking. The agreement includes a promise that the sponsored immigrant and their dependents will not need to apply for social assistance. As part of the agreement, the sponsored immigrant consents to the release of information to the sponsor (or co-sponsor, where applicable) concerning social assistance that the sponsored immigrant or their dependents applied for or received during the undertaking period.

The sponsor’s financial obligation depends upon several factors, including the relationship and age of the sponsored individual, as well as the legislation in place at the time IRCC processed the original application.

Sponsorship Period

The following chart summarizes the length of time a sponsor must provide for the basic requirements of the sponsored immigrant:

If sponsoring:Length of Sponsorship Undertaking

Spouse, common-law partner or conjugal partner

Sponsor must provide financial support for 3 years from the date that person became a permanent resident

Dependent child who is less than 22 years of age

Sponsor must provide financial support for 10 years from the date that person became a permanent resident or until the child turns 25 years of age, whichever comes first

Dependent child who is 22 years of age or older

Sponsor must provide financial support for 3 years from the date that person became a permanent resident

Parents and grandparents and accompanying dependents

Sponsorship agreements signed before January 2014: Sponsor must provide financial support for 10 years from the date that person became a permanent resident.
Sponsorship agreements signed after 2014: Sponsor must provide financial support for 20 years from the date that person became a permanent resident.

Any person not mentioned above

Sponsor must provide financial support for 10 years from the date that person became a permanent resident

For up-to-date information please refer to the following:

The sponsor’s obligation to provide for the essential needs (e.g. food, clothing, shelter and other needs for everyday living, dental care, eye care and other health needs not covered by public health services) of the sponsored immigrant continues for the full sponsorship period even if the sponsored immigrant becomes a Canadian citizen.

Requirement to Pursue Sponsorship Support

A family class sponsored immigrant may be eligible for income support while a sponsorship agreement is in effect if the sponsor is not meeting their support obligations.

As a condition of eligibility, a sponsored person must pursue all available financial resources, including support from their sponsor (unless the requirement is waived). If a sponsor provides partial support to a sponsored immigrant, the amount that is received as support is treated as income and is deducted dollar-for-dollar from the sponsored immigrant’s ODSP budgetary requirements.

An applicant or recipient cannot be declared ineligible because the sponsor refuses to honour their obligation to provide support or refuses to provide information related to the sponsorship agreement or undertaking. However, an applicant or recipient can be found ineligible if they are unwilling to provide information about their sponsor; or has not made reasonable efforts to pursue support from their sponsor.

Where the sponsor of the applicant or recipient may have child support obligations, the applicant/recipient is encouraged to pursue child support for their dependents under the Family Law Act. Where the sponsor is the former spouse of the applicant or recipient, the applicant/recipient is expected to pursue spousal support for themselves under the Family Law Act (see Directive 5.15 Spousal and Child Support for more information).

In situations where a former spouse has both sponsorship and support obligations, neither “obligation” takes precedence. A sponsor who makes child or spousal support payments pursuant to an order or agreement will still incur a sponsorship debt for the full amount of social assistance provided to the sponsored person.

Waivers from Pursuing Sponsorship Support

The requirement to pursue support from a sponsor may be temporarily waived for a period of three months depending on the individual merits of the case. If the applicant/recipient is unable to obtain third party verification within three months, additional time may be provided, as required.

Circumstances supporting the reason for and the length of the waiver should be clearly documented, and the waiver should be reviewed at the end of the waiver period. A sponsored immigrant is temporarily waived from the requirement to pursue support from their sponsor if:

  • the sponsor is in receipt of or eligible for social assistance; or
  • the Director is satisfied that there is a breakdown in the sponsorship relationship because of abuse and/or family violence. If at application, there is no clear evidence to establish abuse, the person is expected to make reasonable efforts to verify the claim of abuse to the satisfaction of the Director (e.g., reasonable third party verification from the police, a lawyer, or a community or health care professional).

In such cases, sponsorship debt continues to accrue.

A sponsored immigrant is permanently waived from the requirement to pursue support from their sponsor if:

  • the sponsor is in receipt of a payment under Part II of the Old Age Security Act (Canada), known as the federal supplement, or a payment under the Ontario Guaranteed Annual Income Act;
  • there is evidence of abuse or family violence over a prolonged period of time and the Director is satisfied that it is not in the best interests of the sponsored immigrant to pursue support; or
  • the sponsor is deceased and there is no co-signer.

Abuse and/or Domestic Violence

ODSP staff must address alleged incidents of abuse or family violence at intake, and update the Domestic Violence evidence within SAMS, before the RFCI form is sent by the ministry to IRCC. In cases where there is an allegation of abuse, the ministry must advise IRCC not to send a warning letter to the sponsor. IRCC will provide information on the sponsor and co-signer (if applicable) to the ministry; however, the warning letter will not be sent to the sponsor and co-signer (if applicable).

If the sponsored person alleges that the reason for leaving the sponsor is due to abuse or family violence, ministry notifies IRCC that the Default Notification Letter must not be sent to the sponsor and co-signer (if applicable) regardless of whether or not the abuse or family violence has been substantiated by a third party.

In these situations, IRCC will register the default but will not send the Default Notification letter to the sponsor and co-signer (if applicable). ministry does not send warning letters or collection letters to the sponsor and co-signer (if applicable). Debt recovery is not pursued in these cases.

The sponsor and co-signer (if applicable) are still considered to be in default of their sponsorship agreement and will be barred from future sponsorship. If during a subsequent review by ODSP staff, new information reveals that the alleged incident of abuse or family violence has been resolved, the sponsored person will need to complete a statutory declaration confirming there is no further threat of violence and the Domestic Violence evidence must be updated. At that time, the ministry will advise IRCC that the Default Notification letter can be issued and recovery of the sponsorship debt can be pursued.

Validity of Undertakings

There are exceptional circumstances where IRCC determines that a sponsorship undertaking is not valid. This eliminates the sponsorship and any sponsorship debt that has accrued.

In such cases, ODSP staff will need to verify the sponsored person’s status in Canada in order to determine ongoing eligibility for social assistance.

Calculating Income Support for a Sponsored Person when a Sponsor is in Default

When a sponsor is in default of the sponsorship undertaking, a basic needs amount is provided to a sponsored person.

  • A shelter allowance is only provided where the sponsored immigrant lives with a defaulting sponsor (or in a place owned or controlled by the sponsor) and:
  • has a legal obligation to pay shelter costs (e.g., the sponsored immigrant is a lessee or named as a co-owner on a deed/mortgage);
  • satisfies the Director that they cannot remain in the sponsor’s residence (or in a place owned or controlled by the sponsor) unless they pay for shelter costs (e.g., documentation of an obligation to pay for heat or utilities); or
  • the sponsor is in receipt of Ontario Works, ODSP, the Guaranteed Income Supplement (GIS) under the Old Age Security Act or GAINS under the Ontario Guaranteed Annual Income Act.

Where a shelter allowance is not provided, income support is reduced by the greater of:

  • the amount the sponsor is paying to the applicant/recipient, and
  • the amount of income support that would otherwise be calculated under section 30 of the ODSP Regulation less the applicable basic needs amount.

Repayment of Social Assistance by Defaulting Sponsors

Under IRPA, all social assistance received by a family class sponsored immigrant is considered a federal and provincial debt of the sponsor. Income support received from Assistance for Children with Severe Disabilities is not considered social assistance for the purpose of calculating sponsorship debt.

Sponsors who default on their sponsorship obligation need to know the amount of social assistance that they are required to repay. Prior to determining the debt amount for the defaulting sponsor, the term and expiry of the sponsorship period and how long the sponsor was in default must be verified.

The debt amount is calculated by using the income support amount that applies to the sponsored person(s), less any earnings, income, and any overpayment, sponsorship or other deductions made during the sponsorship period. In addition, any outstanding overpayments that have not been recovered also must be deducted. The net amount is the sponsorship debt which the sponsor must repay.

Sponsorship Undertakings signed in Quebec or Humanitarian and Compassionate Cases

If documentation confirming the sponsorship undertaking is provided either by the sponsor or the sponsored immigrant, Ontario will pursue sponsorship debt repayment from a defaulting sponsor who signed the undertaking with Quebec. In these cases, where a sponsor contacts the ministry and is motivated to repay their debt, the FSU will obtain the length and time period of the sponsorship undertaking and may forward these details with a request for ODSP staff to calculate the debt. If a motivated sponsor contacts the local office directly, the sponsor should be referred to the FSU.

Cases that are granted permanent residence status in Canada on Humanitarian and Compassionate considerations, without a signed sponsorship undertaking, should not be referred.

Terminated Cases

For terminated cases where defaulting sponsors wish to repay their debt, the debt is to be calculated and the case referred to the FSU.

Deferral of Sponsorship Debt Recovery

There are certain circumstances where sponsors may be deferred from debt recovery activity. In such cases, sponsorship debt continues to accrue until the end of the sponsorship period.

Sponsorship debt recovery may be deferred in cases where:

  • the sponsored person is temporarily or permanently waived from the requirement to pursue support from their sponsor;
  • the sponsor is incapacitated and unable to pay. For example, the sponsor is in a hospital or institution as defined in the regulations and has no current financial ability to repay the debt nor is likely to acquire any financial ability in the future;
  • the sponsor is deceased with no estate and there is verification that the sponsor has been deceased for more than two years;
  • the sponsor has undergone bankruptcy, and the entire sponsorship debt was covered by the bankruptcy discharge (if the sponsorship period has not ended, any sponsorship debt that accrues after the bankruptcy has been discharged is new debt and should be reviewed for referral to the FSU).
  • the sponsor has documented extraordinary circumstances;
  • there is third party verification of family violence or abuse by the sponsor against the sponsored person or vice versa (refer to section regarding Abuse and/or Family Violence);
  • the sponsor is in receipt of social assistance*. If there is a co-signer to the sponsorship agreement, and the co-signer is not on social assistance, the debt should be referred to the FSU for recovery from the co-signer;
  • the sponsor’s net family income (based on the previous year’s income tax return) is below the Low Income Cut Off amount which is published annually by Statistics Canada;
  • an open eligibility review investigation has commenced for the sponsored person(s); or
  • IRCC confirms the validity of an undertaking is under review.

Deferred cases should not be referred to the FSU for sponsorship debt collection. However, if the sponsor voluntarily comes forward to repay their sponsorship debt, debt recovery activity must resume and the case should be referred to the FSU for recovery until the full amount owing has been paid.

Sponsorship debt recovery may be deferred for up to 12 months in cases where the sponsor’s circumstances are likely to change (e.g. the sponsor is in receipt of social assistance and the sponsored immigrant is temporarily waived from the requirement to pursue support). Circumstances supporting the reason for deferral should be clearly documented and the deferral should be reviewed after 12 months.

*Note: where the sponsor is in receipt of social assistance, the source of the money that is applied to the sponsorship debt should be reviewed to determine if there is an impact on the sponsor’s eligibility for social assistance or the amount of income support.

Resumption of Partial Support Paid by Sponsor

Where the case has been referred to the FSU for debt collection and during discussions regarding resolving the default, it is determined that the sponsor can resume only partial support of the sponsored person, the FSU will refer the sponsor to the appropriate ODSP office. The FSU will notify the ODSP office that the sponsor has agreed to resume partial support and the amount of support the sponsor is able to provide, including the effective date with any supporting documentation. The sponsorship support will be treated as income and deducted from the sponsored person’s social assistance.

If the sponsor provides partial support but the sponsored person continues to receive some social assistance, the sponsor remains in default. A debt continues to accrue and the sponsor is responsible for repaying the debt.

If the sponsor defaults on any of their partial support payments, ODSP staff are to notify the FSU immediately.

Re-application for Social Assistance

A sponsored person who has withdrawn from social assistance because his/her sponsor has resumed their support obligation, may re-apply for social assistance if the sponsor stops providing support. Any social assistance paid to the sponsored person during the period of the sponsorship agreement would be a debt owed to the province that the sponsor must repay. IRCC must be made aware that the sponsor is in default again and efforts to collect the debt must resume as per the established business procedures.

Related Directives

Footnotes

  • footnote[1] Back to paragraph A person who co-signed a sponsorship undertaking after April 1997 is equally responsible for repaying any sponsorship debt incurred if the sponsored person receives social assistance.
  • footnote[2] Back to paragraph The federal Immigration and Refugee Protection Act (IRPA) was proclaimed on June 28, 2002. IRPA replaces the previous Immigration Act, proclaimed in 1979.