October 2024

Legislative authority

Sections 2, 24 - 36 and 60 - 67 of the Act. 
Sections 68 and 72 - 83 of Regulation 134/98. 
Section 14 of Regulation 135/98.

The Social Benefits Tribunal (SBT) is part of Tribunals Ontario.

The SBT hears appeals under the Ontario Works Act, 1997 (OWA) and the Ontario Disability Support Program Act, 1997 (ODSPA) regarding decisions affecting eligibility for or the amount of social assistance subject to a prescribed list of exceptions.

The SBT also considers challenges to the OWA and ODSPA and related regulations under the provisions of the Ontario Human Rights Code.

There are two parts to the rules that govern the procedures of the SBT. Part I comprises the Social Justice Tribunals Ontario “Common Rules” and Part II comprises the “Social Benefits Tribunal Specific Rules.” Both parts should be read together.

All references to forms in this Directive are to SBT forms.

More information on the SJTO Common Rules of Procedure, SBT Rules of Procedure, SBT Practice Directions and SBT Forms may be accessed at: https://tribunalsontario.ca/sbt/

Audit requirements

A copy of the Notice of Decision is on file.

Verification is on file that the applicant or participant was issued the Notice of Decision, including appeal rights where applicable.

Verification is on file that written submissions are filed with the Social Benefits Tribunal (SBT) within 30 calendar days of receiving the request for submission.

Application of policy

Decisions affecting eligibility for income assistance and mandatory benefits or the amount of income assistance issued may be appealed to the SBT.

A decision may be appealed to the SBT only after an internal review of the decision has been requested in writing. The appeal form can be filed after the internal review has been completed or after the prescribed time period for completing the internal review has passed. An appeal cannot proceed if the request for an internal review was withdrawn by the applicant or recipient (see Directive 10.1: Notice and internal review process for more information).

The SBT cannot hear appeals on:

  • employment assistance that does not affect eligibility for income assistance or mandatory benefits
  • discretionary benefits
  • assistance in exceptional circumstances made by the Lieutenant Governor in Council (i.e., Orders-in-Council to provide assistance when the person would not otherwise be eligible)
  • financial assistance given directly to third parties (e.g., direct payment of rent or utility costs)
  • the appointment of a trustee for applicants/participants under the age of 18
  • a variation, refusal or cancellation of assistance caused by an amendment to the Act or regulations
  • emergency assistance
  • a decision of the Administrator not to extend the time period for requesting an internal review
  • a decision to refuse, suspend, cancel or reduce basic financial assistance based on the death of a member of the benefit unit

Appeals to the SBT

The applicant or recipient can file an appeal with the SBT within 30 calendar days of receiving the internal review decision, or within 30 days after the prescribed timeline for completing the internal review (which is 30 calendar days from the date of the request) has passed without an internal review being done. Requests for a hearing by the SBT are made by completing the Appeal form (Form 1). The reasons for the appeal must be set out on the form.

The SBT may extend the time for filing an appeal of a decision if it is satisfied that there are reasonable grounds for both the appeal and the extension. The SBT will review requests for extensions on a case ‑by‑ case basis.

Under no circumstances can the SBT extend the time for filing an appeal beyond one year past the date that the Administrator’s decision became final.

Human Rights Code claims

An appellant who intends to make Human Rights Code arguments as part of their appeal to the SBT must follow the SBT Rules of Procedure and consider the “Practice Direction on Human Rights Issue or Challenge”.

That means they will need to complete the Notice of Human Rights Code Claim (Form 4). The SBT will acknowledge receipt of the Form 4 and provide a copy to the Administrator as well as MCCSS Legal Services Branch (LSB) and Constitutional Legal Branch (CLB) in case they wish to have the Director of Ontario Works added as party to respond to the Code claim.

The Tribunal will schedule a pre-hearing teleconference with all of the parties (including LSB counsel) to determine whether the appeal should be bifurcated into a stage one hearing on the merits followed by a stage two hearing on the human rights issues if the appeal is dismissed at stage one.

If the appeal is in two stages, the Case Presenting Officers for the Administrator would handle the stage one hearing on the merits and if the matter proceeds to stage two then LSB/CLB counsel will defend the impugned legislation/regulation.

Where human rights issues are raised in an appeal, please consult LSB.

Interim assistance

The SBT can order the provision of interim assistance to an applicant or recipient who is awaiting a decision by the SBT if they will suffer financial hardship during the appeal, and where they meet all other conditions of eligibility. To request interim assistance, an applicant must complete the "Application for Interim Assistance" (Section 4 of the Appeal form (Form 1)).

The SBT can make interim assistance orders up to the date the SBT’s decision is released. Under no circumstances can the SBT order the Administrator to pay more assistance than is allowed under the regulations.

The SBT has the authority to include benefits as part of the interim assistance order. The order should specify exactly what is included in the provision of assistance.

If the Administrator wishes to oppose the interim assistance order, then they must file an objection letter within 7 days of receiving the order and provide reasons in writing that clearly outline the financial circumstances the Tribunal should consider.

An applicant or recipient will have the interim assistance that was provided to them assessed as an overpayment if the SBT dismisses their appeal and upholds the Administrator’s decision (see Directive 10.3: Recovery of interim assistance for more information).

Manner of and parties to the proceedings

The SBT conducts appeals through oral or paper hearings. The SBT may hold a paper hearing where all parties to the proceedings consent to this format.

The Administrator, the applicant or recipient who requested the hearing and other persons as specified by the SBT (which can include the Director of Ontario Works) are parties to the proceedings. The Administrator may appear personally before the SBT or may be represented by their staff or legal counsel in addition to providing a written submission.

Notice of hearing

The SBT has 60 days to send a Notice of Hearing to all parties to the proceedings. The Notice of Hearing includes the manner of holding the hearing (e.g., paper or oral), and sets out:

  • for a paper hearing: the dates by which the parties are required to provide their written submissions and documentary evidence to the SBT
  • for an oral hearing: the place, date and time of the oral hearing and the format – whether by teleconference or videoconference.

This does not mean that all hearings have to take place within 60 days of the appeal being initiated. Timing for actual hearing dates will vary, and the SBT will work with the parties to schedule them.

Written submissions

If the Administrator intends to file written submissions on an appeal, the submissions must be filed with the SBT no later than 30 calendar days following the receipt of the Request for Submissions, which includes the appeal form (Form 1). (Note: written requests or notifications are deemed to be received three days after mailing).

The Administrator also has to file a Response to Appeal (Form 3) within this same deadline, to highlight whether there are any jurisdictional issues.

It is highly recommended that a submission be provided in every case. The Appellant needs to see the case that they have to meet. The SBT will review the submission in preparation for the hearing and will refer to it during the hearing.

If the Administrator wishes to raise new issues or provide new evidence or change its original position, then it must file an amended Response to Appeal and supplementary submissions within 30 days of the hearing date.

If the appellant intends to provide written or documentary evidence in addition to appearing at the hearing, his/her submissions or documents must be filed with the SBT at least 20 days before the oral hearing.

The Administrator must provide any supplementary submissions or documents to the SBT, in reply to the appellant’s written submission or evidence, at least 10 days before the oral hearing.

Copies of written submissions and documentary evidence being submitted to the SBT should also be provided to the other parties to the proceedings.

Appellant fails to attend hearing or to provide necessary documentation

The SBT may deny an appeal if:

  • the appellant fails, without reasonable cause, to file the information required for the appeal within the required time or if
  • the appellant fails, without reasonable cause, to attend the hearing

If an appeal is denied for one of these reasons, the appellant cannot appeal a subsequent decision on the same issue for two years.

Social Benefits Tribunal decisions

The SBT is required to deliver a written decision to the parties within 60 days after it last receives evidence or submissions on the appeal.

In its decision, the SBT may:

  • deny the appeal
  • grant the appeal
  • grant the appeal in part
  • refer the matter back to the Administrator for reconsideration in accordance with any directions the SBT considers proper

The Administrator must act on the decision of the SBT immediately. The SBT’s decision remains in effect pending the outcome of a request for reconsideration or an appeal to the Divisional Court.

Request for reconsideration and variation of SBT decision

A reconsideration of an SBT decision can be requested by any party to the appeal within 30 calendar days of receiving the decision. To request a reconsideration of an SBT decision, an Application for Reconsideration (Form 2) must be completed and filed within the prescribed time.

The requestor must send a copy to all parties to the appeal.

The SBT may extend the time for requesting the reconsideration if it is satisfied that there are apparent grounds for reconsideration and reasonable grounds for the extension. Under no circumstances can the SBT extend the time for requesting a reconsideration hearing beyond one year past the date of the SBT’s decision.

The other parties to the appeal may respond in writing to the Request for a Reconsideration within 15 days of receipt.

The SBT must provide a written response to the request no later than 60 days, and no earlier than 20 days, from the date of receipt.

An Administrator may consider requesting a reconsideration hearing on many grounds such as whether the Tribunal acted outside its jurisdiction, violated the rules of procedural fairness, made an error in law or did not have access to new evidence that would have had a material effect on the outcome of the hearing.

Appeal to Divisional Court

An appeal of an SBT decision may be made to Divisional Court within 30 days after receiving the decision where the SBT has made an error in law.

If a reconsideration hearing has been requested, an appeal to the Divisional Court cannot be made until the SBT has either denied a reconsideration hearing request or held the reconsideration hearing and provided its decision.

An appeal of an SBT decision can be made to Divisional Court where it is believed that the SBT has made an error in law.

When an appeal to Divisional Court is made, the party appealing is required to send the Notice of Appeal to the other parties, including the Director of Ontario Works. If a Notice of Appeal is received by the Administrator from an Appellant, it must be forwarded to the Ministry’s Legal Services Branch with a copy of the SBT’s decision in case the Director of Ontario Works has not been served.

The regulation sets out which documents must be filed with the Divisional Court by the SBT. The combination of these documents becomes the Record of Proceedings:

  • Notice of Appeal
  • original decision of the Administrator
  • any written submission or documentary evidence filed with the SBT
  • any correspondence regarding the appeal
  • decision of the SBT
  • notes taken by an SBT member at the hearing or a transcript of the hearing

The SBT is required to file the Record of Proceedings with the Divisional Court no later than 60 days following receipt of the Notice of Appeal to the Divisional Court.

If the Ministry’s Legal Services Branch participates in an appeal, they will follow up with the delivery agent following the outcome of a Divisional Court appeal, and advise what is to be done as a result of the decision.