1.1 Overview of Ontario Works
October 2024
Legislative authority
The Ontario Works Act, 1997 ("the Act") and related regulations provide the legislative framework for the provision of employment assistance and financial assistance to help people in temporary financial need.
The Act establishes a program that:
- recognizes individual responsibility and promotes self-reliance through employment
- provides financial assistance to those most in need while they meet obligations to become and stay employed
- effectively serves people needing assistance
- is accountable to the taxpayers of Ontario
Program overview
Intent of program
The intent of the Ontario Works program is to help people in financial need find sustainable employment and achieve self-reliance through the provision of effective, integrated employment services and financial assistance.
Types of assistance
Ontario Works provides employment assistance (EA) and basic financial assistance (BFA).
Employment assistance
Employment services play a critical role in helping individuals prepare for, connect with, and remain in the labour market. Ontario Works employment assistance helps people to become and stay employed, and includes employment activities such as:
- job search support services
- employment information session
- community participation (i.e., activities that allow people to contribute to the community and improve their employability)
- employment placement and job retention services
- supports for self-employment development
- referral to basic education
- Learning, Earning and Parenting (LEAP) program
- literacy and job-specific skills training
- screening for substance abuse and referral to assessment and treatment if necessary (sites participating in this activity must be approved by the Director of Ontario Works)
The appropriate mix of employment assistance activities depends on the experience, skills, circumstances and needs of individual applicants or participants and the realities of the local labour market. The amount of time a participant needs to engage in activities designed to help him or her increase employability and obtain sustainable employment will vary.
Basic financial assistance
Basic financial assistance includes:
- income assistance provided for the purposes of basic needs and shelter
- benefits as prescribed in the regulations
- emergency assistance provided to help with basic needs and shelter on an emergency basis
Principles of delivery
The following principles govern the delivery of Ontario Works guide in the planning and delivery of services, and guide workers in the implementation of these services.
Principle 1: Ontario Works helps people find sustainable jobs by working with them to create personalized plans.
Delivery agents and partners provide services that are tailored to individual needs. In First Nations and northern communities, delivery agents can adjust employment activities based on local culture and geography to better support job seekers.
Principle 2: Ontario Works delivery agents and delivery partners provide services and direct resources to participants based on the Act, regulations, and policies regarding:
- Income assistance eligibility
- Benefits eligibility
- Emergency assistance eligibility and
- Employment assistance
Delivery agents and delivery partners also ensure accountability, fairness, and consistency in the delivery of Ontario Works.
The delivery of Ontario Works is guided by:
- Setting clear expectations for participants regarding participation, reporting requirements, and other matters that may affect ongoing eligibility.
- Guiding workers in the consistent application of legislation and policy to support fair and accurate decisions.
- The protection of individual privacy by sharing and using personal information only within the safeguards and limits set out in the Act and other measures that ensure the freedom of information and protection of privacy (i.e., FIPPA, MFIPPA)
Principle 3: The Ontario Works delivery agents and delivery partners assess services for clients quickly and effectively
They are responsible for:
- Making eligibility decisions
- Referring participants to programs and services
- Responding to changes in participants’ situations
- Providing information about available benefits and supports
- Investigating cases where it is suspected that an individual is receiving assistance they are not entitled to, establishing overpayments, and referring cases to the police where sufficient evidence exists.
Principle 4: Ontario Works delivery agents and partners collaborate to efficiently utilize community resources, reviewing and evaluating services to align with Ontario Works' objectives and individual and organizational outcomes.
Ministry program oversight
The following are the roles and responsibilities of the Ministry in relation to the Ontario Works program:
Policy & process
- Sets out municipal and provincial delivery roles in agreements, policy, and business processes.
- Develops and communicates policy and program design, monitors province-wide delivery and issues, oversees data collection and reporting, and provides tools and training for delivery agents and delivery partners.
- Helps deliver social assistance effectively by leading:
- operational practices
- program accountability
- policy/program changes
- the use of social assistance technologies
Funding/accountability
- Develops and monitors service contracts.
- Measures outcomes through data collection/analytics
- Monitors and reports on outcomes & performance
- Provides tools to monitor eligibility.
- Management and monitoring of transfer payments to delivery partners
- Overseeing program integrity through preventive and detective controls
Ontario Works delivery
- The Minister has designated delivery agents and delivery partners under the Ontario Works Act 1997
- Geographic areas where the Ministry is a delivery agent and Municipalities/DSSABs are delivery partners is set out in the Ontario Works Act 1997 and its accompanying regulations.
Roles and responsibilities of delivery agents and delivery partners
Geographic areas where the ministry is the delivery agent
Geographic areas where the ministry is not the delivery agent
Geographic areas where the ministry is the delivery agent
The following are the roles and responsibilities for the delivery agent and delivery partner in the delivery of Ontario Works when the Ministry becomes the delivery agent in geographic area and a municipality or DSSAB is designated as delivery partner for that geographic area:
Ministry as the delivery agent
Eligibility at Application
- Receives Ontario Works applications centrally
- Processes applications, with the exception of special applications including:
- Applications made by persons under the age of 18.
- Temporary Care Assistance
- Emergency Assistance
- Determines Ontario Works eligibility for basic financial assistance (BFA) in the first month of assistance by gathering and verifying required information, application completeness, and assessing eligibility
Financial / benefit administration & overpayments
- Determines and authorizes amount of payment for the first month of Ontario Works assistance (delivery partner to issue first payment to client)
- For reapplications of previous clients with historical overpayments, issues notices setting out the overpayment amount and decides on recovery methods at the time of application
Internal reviews (IR) and appeals
- Manages appeals to Divisional Court for all OW program decisions
- Is responsible for the following in relation to eligibility decisions on intake:
- Provides Notice of Decision
- Decides on and conducts IRs
- Manages appeal submissions and proceedings at the SBT
- Notifies the Director of appeals in accordance with section 75 of O. Reg. 134/98
- Tells delivery partner to issue payment
- Gives effect to tribunal orders respecting an eligibility decision on intake.
- Decides on filing reconsideration requests
Municipalities/district social services administration boards (DSSABs)
As delivery partners
- Delivery partners are required to perform all powers and duties of the administrator pertaining to the provision of assistance in the delivery partner ’s geographic area including employment assistance, internal reviews and appeals, and Social Benefits Tribunal appeals, and funding and accountability reporting requirements as prescribed the Ontario Works Act 1997 and its accompanying regulations.
- Except for the majority of eligibility decisions made at the time of application, as defined above in the Ministry as delivery agent section
Delivery partner responsibility for certain applications
- Receives applications, determines eligibility and amount, and provides payment and benefits for the following applications:
- Applications made by persons under the age of 18.
- Temporary Care Assistance
- Emergency Assistance
Ongoing eligibility, income assistance and benefits, and overpayments
- Conducts regular reviews of recipients' ongoing eligibility and the amount of assistance payable
- Provides access to the application process for people residing in their geographic area who are not able to apply online
- Determines and issues ongoing payments (i.e., basic financial assistance) in accordance with legislative and regulatory authority, policy directives, and business practices
- Responsible for all the powers and duties of the Administrator with respect to the recovery of overpayments
- Assesses ongoing eligibility and issues basic financial assistance including mandatory and discretionary benefits
Ongoing case management and employment assistance
- Assesses client needs, develops participation agreements, and provides personalized services through regular meetings
- Determines employment readiness, makes decisions on participation activities, and refers clients to appropriate employment services and assistance
Funding/accountability
- Performs all powers and duties of the Administrator relating to the administration of the program
- Performs all powers and duties of the Administrator relating to funding and accountability, data collection, reporting, and audit requirements
Internal reviews (IR) and Social Benefits Tribunal (SBT) Appeals
- Is responsible for all IR and SBT Appeals in relation to decisions made by delivery partners including:
- Provides Notice of Decision
- Decides on and conducts IRs
- Manages appeal submissions and proceedings at the SBT
- Notifies the Director of appeals in accordance with section 75 of O. Reg. 134/98
- Gives effect to tribunal orders respecting a decision made by the delivery partner
- Decides on filing reconsideration requests
Other
- Uses the electronic system required by the Director
- Manages front-line delivery issues
- Decides on employment services staffing configurations for Ontario Works within the delivery partner’s organization and trains staff in delivering employment and basic financial assistance
- Responsible for discharging liens at the request of Ministry.
- Develops service provision and program management strategies to meet program outcomes
- Identifies changes in eligibility and investigates fraud
Roles and responsibilities of delivery agents: geographic areas where the ministry is not the delivery agent
Municipalities, DSSABs and first nations as delivery agents
Delivery agents continue to be responsible for all aspects program delivery as set out in the Ontario Works Act 1997 and its regulations.
- The Ministry is currently assisting municipal and DSSAB Administrators to process applications and makes recommendations regarding initial eligibility for Ontario Works to municipal and DSSAB Administrators.
Roles and responsibilities of participants
The following are the roles and responsibilities for clients in the delivery of Ontario Works:
Participants
- Provides information to verify initial and ongoing eligibility for financial assistance
- Participates in approved employment assistance activities
- Makes reasonable efforts to pursue other financial resources
- Seeks and obtains sustainable employment