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Ministry of Community and Social Services Act

R.R.O. 1990, REGULATION 776

SOCIAL ASSISTANCE REVIEW BOARD

Historical version for the period December 3, 2010 to December 31, 2010.

Note: This Regulation is revoked on January 1, 2011. See: O. Reg. 461/10, ss. 1, 2.

Last amendment: O. Reg. 461/10.

This is the English version of a bilingual regulation.

1. (1) The Board of Review shall be composed of not more than 40 members. R.R.O. 1990, Reg. 776, s. 1 (1); O. Reg. 554/94, s. 1.

(2) A request for a hearing by the Board of Review shall be made in Form 1.

(3) Subject to subsection (4), an application for reconsideration and variation of a decision by the Board of Review shall be made in Form 2 within thirty days after the person making the application receives notice of the decision to be reviewed.

(4) Subsection 13 (6) of the Family Benefits Act applies with necessary modifications to an application for reconsideration and variation of a decision of the Board of Review.

(5) Within twenty-one days following receipt of a notice in Form 1 or 2, the chair of the Board of Review shall send to all parties to the proceedings before the Board of Review,

(a) except the party making the request or application, a copy of the notice in Form 1 or 2, as the case may be; and

(b) a copy of a notice of the time, place and purpose of the hearing.

(6) Subject to section 24 of the Statutory Powers Procedure Act, service of the notice of the time and place of the hearing shall be sent by first class mail addressed to the party making the request or application at the address shown on the notice in Form 1 or 2.

(7) A party requesting a hearing or making an application for reconsideration and variation may at any time before the hearing withdraw his or her request or application by notifying the chair of the Board of Review in writing. R.R.O. 1990, Reg. 776, s. 1 (2-7).

2. (1) The Board of Review shall reach a decision according to the evidence within forty days following the sending of the notice of the time, place and purpose of the hearing under clause 1 (5) (b).

(2) The notice of decision of the Board of Review shall include,

(a) the principal findings of fact on the evidence officially noticed; and

(b) the conclusions based on the findings of fact. R.R.O. 1990, Reg. 776, s. 2.

Recipient Defined

3. (1) For the purposes of section 9 of the Act,

“recipient” includes,

(a) a person to whom a payment referred to in subsection 9 (1) of the Act is made in trust,

(b) a corporation that receives a benefit directly or indirectly where the directors or officers of the corporation are related to a funded corporation and for the purposes of this section a director or officer shall be deemed to be related to another corporation where,

(i) he or she holds a position as director or officer of the other corporation,

(ii) he or she beneficially owns directly or indirectly equity shares carrying more than 10 per cent of the voting rights attached to all equity shares of the other corporation for the time being outstanding,

(iii) he or she has a spouse, a relative or a relative of a spouse who is sharing living accommodation with him or her and who holds a position as director or officer of the other corporation or who beneficially owns directly or indirectly equity shares carrying more than 10 per cent of the voting rights attached to all equity shares of the other corporation for the time being outstanding, and

(c) any enterprise that is either a subsidiary or an associate of a funded corporation, or that has the selection of its board of directors or policy controlled or directed by the funded corporation or that controls or directs the policy of the funded corporation or the selection of the board of directors of the funded corporation. R.R.O. 1990, Reg. 776, s. 3 (1); O. Reg. 39/00, s. 1 (1); O. Reg. 290/05, s. 1 (1).

(2) For the purposes of subsection (1),

“associate” means associate as defined in section 73 of the Corporations Act; (“personne qui a un lien”)

“equity share” means equity share as defined in subsection 72 (1) of the Corporations Act; (“action participante”)

“funded corporation” means a corporation to which a payment referred to in subsection 9 (1) of the Act is directed; (“personne morale subventionnée”)

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage; (“conjoint”)

“subsidiary” means subsidiary as set out in section 106 of the Corporations Act. (“filiale”) R.R.O. 1990, Reg. 776, s. 3 (2); O. Reg. 39/00, s. 1 (2); O. Reg. 290/05, s. 1 (2, 3).

FORM 1
APPEAL
NOTICE OF REQUEST FOR HEARING

Ministry of Community and Social Services Act

O.Reg. 669/92, s. 1.

FORM 2
APPLICATION FOR RECONSIDERATION OF DECISION

Ministry of Community and Social Services Act

O.Reg. 669/92, s. 2.