O. Reg. 135/98: ADMINISTRATION AND COST SHARING, Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A

 

Ontario Works Act, 1997

ontario REGULATION 135/98

ADMINISTRATION AND COST SHARING

Historical version for the period June 15, 2007 to August 23, 2007.

Disclaimer: This consolidation is not an official copy of the law because it is affected by one or more retroactive provisions which have not been incorporated into it. For information about the retroactive provisions, see O. Reg. 478/07, subsection 4 (1).

Last amendment:  O. Reg. 269/07.

This is the English version of a bilingual regulation.

1. In this Regulation,

“assistance costs” means the sum of,

(a) the cost of assistance provided under the Act, except,

(i) the cost of assistance under section 8 of this Regulation, and

(ii) the cost of employment assistance otherwise reimbursed or cost shared by Ontario,

(b) the cost of interim assistance under the Act or under a predecessor of it; (“coûts de l’aide”)

“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”)

“designation date”, when used in connection with a geographic area or a proposed geographic area, means the first date on which a delivery agent is designated for the geographic area; (“date de désignation”)

“geographic area” means an area designated as a geographic area for a designated delivery agent; (“zone géographique”)

“Greater Toronto Area” means the territory that lies within the jurisdiction, as constituted from time to time, of The Regional Municipality of Durham, The Regional Municipality of Halton, The Regional Municipality of Peel, the City of Toronto and The Regional Municipality of York; (“grand Toronto”)

“prescribed costs” means the costs set out in section 13.1; (“coûts prescrits”)

“proposed geographic area” means an area designated as a geographic area for the purpose of preparing to designate a single delivery agent for it. (“zone géographique proposée”)  O. Reg. 135/98, s. 1; O. Reg. 274/98, s. 1; O. Reg. 548/98, s. 1; O. Reg. 12/02, s. 1.

2. (1) An administrator shall complete a monthly application for payment of a subsidy by Ontario with respect to assistance paid in a month and shall forward it to the Director before the 20th day of the month next following.  O. Reg. 135/98, s. 2 (1).

(2) An administrator shall complete an annual application for payment of a subsidy by Ontario with respect to the cost of administration.  O. Reg. 135/98, s. 2 (2).

(3) An administrator shall complete a quarterly report with respect to the costs referred to in subsection (2), if requested to do so by the Director.  O. Reg. 135/98, s. 2 (3).

(4) An administrator shall complete a separate statement of account for each recipient to whom or on whose behalf assistance has been paid during each month and retain the statement in the administrator’s files.  O. Reg. 135/98, s. 2 (4).

3. (1) The Director may,

(a) require an administrator to provide the Director with whatever information as to the contents of the information submitted under section 2 that the Director considers necessary;

(b) require an inspection and audit of the books and accounts of the delivery agent relating to the information submitted under section 2.  O. Reg. 135/98, s. 3 (1).

(2) An administrator shall provide the Director with such information and evidence as the Director may require with respect to an applicant or recipient to determine whether or not the applicant or recipient is eligible for assistance.  O. Reg. 135/98, s. 3 (2).

4. An administrator shall review at regular intervals the eligibility of recipients and the amount of assistance payable with respect to them.  O. Reg. 135/98, s. 4.

5. A person administering or enforcing the Act on behalf of a delivery agent shall not disclose the identity of a person who is eligible for or receives assistance to the head or a member of one of the following bodies without the prior approval of the Director:

1. The council of a municipality, including a regional or district municipality.

2. The council of a band.

3. A district social services administration board.  O. Reg. 135/98, s. 5; O. Reg. 228/98, s. 1; O. Reg. 548/98, s. 2.

Emergency Hostel Services

6. A delivery agent may contract with a person or organization for the provision of emergency hostel services.  O. Reg. 135/98, s. 6.

Subsidies

7. (1) Subject to subsections (2), (2.1) and (3), 7.1 (1) and 8.1 (1) and sections 8.2, 8.3, 8.4 and 8.5, the subsidy payable by Ontario to a delivery agent shall be equal to the sum of,

(a) 80 per cent of the assistance costs incurred by the delivery agent;

(b) if the delivery agent employs a full-time administrator, 50 per cent of the delivery agent’s reasonable cost of administration, as approved by the Director; and

(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.  O. Reg. 135/98, s. 7 (1); O. Reg. 228/98, s. 2 (1); O. Reg. 34/99, s. 1 (1); O. Reg. 547/00, s. 1; O. Reg. 12/02, s. 2 (1); O. Reg. 140/05, s. 1; O. Reg. 263/06, s. 1; O. Reg. 468/06, s. 1; O. Reg. 269/07, s. 1.

(1.1) Despite subsection (1), if the delivery agent is a band, the subsidy payable by Ontario under clause (1) (a) shall be 100 per cent of the assistance costs with respect to those assistance costs the band pays to or on behalf of a person who,

(a) is not a member of the band; and

(b) is otherwise eligible for assistance under the Act.  O. Reg. 166/99, s. 1.

(2) The subsidy payable by Ontario to a delivery agent in the Greater Toronto Area shall be calculated as follows:

1. For each delivery agent, determine the total of the assistance costs incurred by that delivery agent and the reasonable cost of administration, as approved by the Director and incurred by that delivery agent.

2. For each delivery agent, determine the sum of 20 per cent of the assistance costs incurred by that delivery agent and 50 per cent of the reasonable cost of administration, as approved by the Director and incurred by that delivery agent.

3. For the Greater Toronto Area, calculate the sum of the amounts determined under paragraph 2.

4. Apportion the amount determined under paragraph 3 among the delivery agents by multiplying that amount by the percentage attributable to each delivery agent,

i. as determined under subsection (4) for years after 2001, or

ii. as set out in the following Table for 2001:

TABLE

 

Delivery Agent

Percentage of Total

Regional Municipality of Durham

7.10194766 %

Regional Municipality of Halton

7.44053594 %

Regional Municipality of Peel

18.95881974 %

City of Toronto

50.88579604 %

Regional Municipality of York

15.61290062 %

5. For each delivery agent, subtract from the amount determined under paragraph 1 the amount determined under paragraph 4.

Table Revoked:  O. Reg. 76/02, s. 1 (2).

O. Reg. 135/98, s. 7 (2); O. Reg. 131/99, s. 1; O. Reg. 76/02, s. 1 (1, 2).

(2.1) If a delivery agent’s geographic area includes territory without municipal organization, the subsidy payable by Ontario to the delivery agent shall be equal to the sum of,

(a) 80 per cent of the assistance costs incurred by the delivery agent in respect of assistance provided in a municipality;

(b) 100 per cent of the assistance costs incurred by the delivery agent in respect of assistance provided in territory without municipal organization;

(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.

(e) Revoked:  O. Reg. 12/02, s. 2 (2).

O. Reg. 34/99, s. 1 (2); O. Reg. 12/02, s. 2 (2).

(2.2) In subsection (2.1), costs incurred by a delivery agent in respect of assistance provided in the Town of Moosonee shall be considered as if they were incurred in territory without municipal organization.  O. Reg. 619/00, s. 1.

(3) The Minister may deduct from a subsidy payable by Ontario to a delivery agent under this section an amount equal to the sum of,

(a) the amount the delivery agent is required to pay to Ontario under section 23 of Ontario Regulation 137/98 (Transition from General Welfare Assistance and Family Benefits to Ontario Works), made under the Social Assistance Reform Act, 1997;

(b) the amount the delivery agent is required to pay to Ontario under section 68.2 of Regulation 262 of the Revised Regulations of Ontario, 1990, made under the Day Nurseries Act; and

(c) the amount the delivery agent is required to pay to Ontario under section 2 of Ontario Regulation 225/98 (Administration and Cost Sharing), made under the Ontario Disability Support Program Act, 1997.  O. Reg. 228/98, s. 2 (2).

(4) For the purposes of paragraph 4 of subsection (2), the percentage attributable to a delivery agent in the Greater Toronto Area for a year is the amount determined using the formula,

A/B

in which,

  “A” is the total weighted assessment of the delivery agent for the year, and

  “B” is the sum of the total weighted assessments of all of the delivery agents in the Greater Toronto Area for the year.

O. Reg. 76/02, s. 1 (3).

(5) The total weighted assessment of a delivery agent for a year is the sum of all amounts each of which is the weighted assessment for a property class of the delivery agent for the year determined using the formula,

C × D

in which,

  “C” is the GTA-wide weighted transition ratio for the property class, and

  “D” is the sum of the net taxable assessments for the previous year of all properties in the property class in the geographic area of the delivery agent.

O. Reg. 76/02, s. 1 (3).

(6) The GTA-wide weighted transition ratio for a property class set out in the following Table is the ratio set out opposite the property class in the Table:

TABLE

 

Item

Property Class

Ratio

1.

The residential/farm property class

1.00

2.

The farmlands property class

0.25

3.

The managed forests property class

0.25

O. Reg. 76/02, s. 1 (3).

(7) The GTA-wide weighted transition ratio for a property class that is not set out in the Table to subsection (6) is the amount determined as follows:

1. For each delivery agent, multiply the sum of the net taxable assessments for the previous year of all properties in the property class in the geographic area of the delivery agent by the transition ratio applicable to that property class and delivery agent.

2. Add the products calculated under paragraph 1 in respect of all of the delivery agents.

3. Divide the sum calculated under paragraph 2 by the sum of the net taxable assessments for the previous year of all properties in the property class in the geographic areas of all of the delivery agents.  O. Reg. 76/02, s. 1 (3).

(8) In this section,

“net taxable assessment” means,

(a) with respect to property that is in a subclass to which section 313 of the Municipal Act, 2001 applies, the taxable assessment for the property, as reduced by the percentage reduction that applies with respect to that assessment under section 313 of that Act, and

(b) in respect of property not referred to in clause (a), the taxable assessment in respect of the property; (“évaluation nette imposable”)

“property class” means a class of real property prescribed under the Assessment Act; (“catégorie de biens”)

“taxable assessment” means, in respect of a property, the assessment of the property on which tax rates are levied under section 311 or 312 of the Municipal Act, 2001; (“évaluation imposable”)

“transition ratio” means, in respect of a delivery agent for a property class not set out in the Table to subsection (6), the transition ratio or average transition ratio, as applicable, that is prescribed for the purposes of section 308 of the Municipal Act, 2001 for the property class in the delivery agent’s geographic area. (“coefficient de transition”)  O. Reg. 76/02, s. 1 (3); O. Reg. 356/02, s. 1.

7.1 (1) For the purpose of calculating the subsidy payable by Ontario to a delivery agent under subsections 7 (1), (1.1), (2) and (2.1), the amount that may be included in the calculation of assistance costs incurred by the delivery agent in a month in providing the benefits set out in subsection (2) shall not exceed the sum of,

(a) the product obtained by multiplying $8.75 by the number of recipients to whom the delivery agent provided basic financial assistance; and

(b) the product obtained by multiplying $8.75 by the number of recipients of income support under the Ontario Disability Support Program Act, 1997 in the geographic area of the delivery agent.  O. Reg. 263/06, s. 2.

(2) The benefits mentioned in subsection (1) are the following discretionary benefits paid or provided by the delivery agent under subsection 59 (1) of Ontario Regulation 134/98:

1. The cost of vocational training and retraining, referred to in paragraph 3 of subsection 59 (2) of that regulation.

2. The cost of travel and transportation, referred to in paragraph 4 of subsection 59 (2) of that regulation, other than the cost of travel or transportation that is undertaken for a health-related purpose.

3. The cost of moving, referred to in paragraph 5 of subsection 59 (2) of that regulation.

4. A special service, item or payment referred to in paragraph 7 of subsection 59 (2) of that regulation, other than a special service, item or payment that is provided for a health-related purpose.  O. Reg. 587/00, s. 1.

8. (1) Subsection (2) applies if,

(a) at any time during the 12-month period preceding his or her application for assistance, an applicant resided in Ontario on a reserve or in a geographic area for which the Council of a band was the delivery agent; and

(b) at the time of applying for assistance the applicant no longer lives on the reserve or in a geographic area for which the Council of a band is the delivery agent.  O. Reg. 135/98, s. 8 (1).

(2) Ontario shall reimburse a delivery agent that is not a band for the full amount it expends for assistance for the person referred to in subsection (1) until the person has resided for 12 consecutive months in a municipality.  O. Reg. 135/98, s. 8 (2).

8.1 (1) Ontario shall pay 100 per cent of the assistance costs with respect to the following:

1. The special benefits as set out in section 58.2 of Ontario Regulation 134/98 (General) made under the Act.

2. The amount of any increase in respect of 2004 to the budgetary requirements for an applicant or recipient of emergency hostel services approved by the Director under subsection 43 (2) of Ontario Regulation 134/98 (General) made under the Act.

3. The increased budgetary requirements between July 1, 2004 and December 14, 2004 of $4 per month for each member of a benefit unit for each applicant or recipient who was a resident in a nursing home or an interval or transition home for abused women paid under section 42.1 of Ontario Regulation 134/98 (General) made under the Act.

4. For the period commencing on December 15, 2004 and ending on December 31, 2004, the increased budgetary requirement of $4 per month for each member of a benefit unit,

i. to whom subsection 43 (1) of Ontario Regulation 134/98 (General) made under the Act applied,

ii. to whom subsection 44.1 (2) of Ontario Regulation 134/98 (General) made under the Act applied, or

iii. to whom subsection 44.1 (3) of Ontario Regulation 134/98 (General) made under the Act applied.

5. The fee paid under paragraph 1.1 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Act for periodic oculo-visual assessments for every member of a benefit unit.  O. Reg. 140/05, s. 2.

(2) Ontario is required to pay the assistance costs set out in paragraph 5 of subsection (1) incurred on and after November 1, 2004.  O. Reg. 140/05, s. 2.

8.2 (1) With respect to 2006, Ontario shall pay 100 per cent of the increase in the assistance costs that  results from increases in the budgetary requirements set out in the following provisions of Ontario Regulation 134/98 (General) made under the Act, if the increases in the budgetary requirements are a result of amendments made to that regulation by Ontario Regulation 464/06:

1. Paragraphs 1, 2 and 5 of subsection 41 (1).

2. Paragraph 2 of subsection 42 (2).

3. Subsection 43 (1).

4. Paragraphs 1, 2, 4 and 5 of subsection 44 (1).

5. Paragraphs 1, 2, 3 and 4 of subsection 44 (2).

6. Paragraphs 1, 2 and 4 of subsection 44 (3).

7. Subsections 44.1 (2) and (3).

8. Subparagraph 1 ii of section 51.

9. Clauses 57 (5) (a) and (b).  O. Reg. 468/06, s. 2.

(2) With respect to 2006, Ontario shall pay 100 per cent of the increase in the assistance costs that results from increases in the benefits set out in the following provisions of Ontario Regulation 134/98 (General) made under the Act, if the increases in the benefits are a result of amendments made to that regulation by Ontario Regulation 329/06 and Ontario Regulation 464/06:

1. Paragraphs 2 and 5 of subsection 55 (1).

2. Clauses 55 (1.0.1) (a) and (b).  O. Reg. 468/06, s. 2.

8.3 With respect to the month of December 2006 and solely in respect of that month, Ontario shall pay 100 per cent of the increase in assistance costs that results from an increase, commencing in December 2006, to the budgetary requirements for an applicant or a recipient of emergency hostel services approved by the Director under subsection 43 (2) of Ontario Regulation 134/98 (General) made under the Act.  O. Reg. 269/07, s. 2.

8.4 (1) With respect to 2007, Ontario shall pay 100 per cent of the increase in the assistance costs that results from increases in the budgetary requirements set out in the following provisions of Ontario Regulation 134/98 (General) made under the Act, if the increases in the budgetary requirements are a result of amendments made to that regulation by Ontario Regulation 266/07:

1. Paragraphs 1, 2 and 5 of subsection 41 (1).

2. Paragraph 2 of subsection 42 (2).

3. Subsection 43 (1).

4. Paragraphs 1, 2, 4 and 5 of subsection 44 (1).

5. Paragraphs 1, 2, 3 and 4 of subsection 44 (2).

6. Paragraphs 1, 2 and 4 of subsection 44 (3).

7. Subsections 44.1 (2) and (3).

8. Clauses 57 (5) (a) and (b).  O. Reg. 269/07, s. 3.

(2) With respect to 2007, Ontario shall pay 100 per cent of the increase in the assistance costs that results from increases in the benefits set out in the following provisions of Ontario Regulation 134/98 (General) made under the Act, if the increases in the benefits are a result of amendments made to that regulation by Ontario Regulation 266/07:

1. Paragraphs 2 and 5 of subsection 55 (1).

2. Clauses 55 (1.0.1) (a) and (b).  O. Reg. 269/07, s. 3.

8.5 With respect to the month of December 2007 and solely in respect of that month, Ontario shall pay 100 per cent of the increase in assistance costs that results from an increase, commencing in December 2007, to the budgetary requirements for an applicant or a recipient of emergency hostel services approved by the Director under subsection 43 (2) of Ontario Regulation 134/98 (General) made under the Act.  O. Reg. 269/07, s. 3.

9. Where the municipalities participating in a district social services administration board established under the District Social Services Administration Boards Act are unduly burdened in any year as a result of costs of carrying out the purposes of the Act, by reason of the transfer by amalgamation or annexation of one or more municipalities or any part of one or more municipalities participating in the board to one or more municipalities not participating in the board, the Province of Ontario shall, in respect of that year, pay an amount prescribed by the Minister to the municipalities participating in the board.  O. Reg. 135/98, s. 9; O. Reg. 228/98, s. 3; O. Reg. 548/98, s. 3.

10. A delivery agent that recovers all or part of assistance paid shall refund to Ontario the subsidy paid with respect to the assistance recovered.  O. Reg. 135/98, s. 10.

11. If a delivery agent has paid assistance to a recipient who is not eligible for it, the amount paid may be included as assistance for the purposes of section 7.  O. Reg. 135/98, s. 11.

12. (1) The Director may pay assistance to any person who is eligible for it and, if the person resides in the geographic area of a delivery agent, the delivery agent’s share of the assistance paid is recoverable from the delivery agent as a debt due to the Crown in right of Ontario and may be deducted from any money payable by Ontario to the delivery agent under the authority of any Act, or may be sued for in a court of competent jurisdiction.  O. Reg. 135/98, s. 12 (1).

(2) If Ontario pays assistance to a person who resides in the geographic area of a delivery agent, the Province may deduct from any subsidy payable to the delivery agent under this Regulation an amount equal to the administrative costs incurred by Ontario as a result of paying the assistance to the person.  O. Reg. 135/98, s. 12 (2).

13. The Director shall pay, on behalf of an applicant or recipient,

(a) the cost of completion of a medical report in the amount of $15 if it is a report or a supplementary report requested by the administrator and submitted by an approved health professional;

(b) the cost in the amount of $20 of completion by an approved health professional of an application for a special diet because of a medical condition set out in Schedule 1 to Ontario Regulation 564/05 (Prescribed Policy Statements) made under the Act or a nutritional allowance referred to in paragraph 6 of subsection 41 (1), paragraph 6 of subsection 44 (1), paragraph 6 of subsection 44 (2), paragraph 5 of subsection 44 (3) or clause 57 (5) (e) of Ontario Regulation 134/98 (General) made under the Act.  O. Reg. 263/06, s. 3.

Costs Prescribed for Cost Sharing Purposes

13.1 The prescribed costs for the purposes of section 51 of the Act are the assistance costs and the cost of administration.  O. Reg. 274/98, s. 2; O. Reg. 12/02, s. 3.

Agreements for Sharing of Costs by Municipalities

13.2 (1) The municipalities set out in the designation of a geographic area or a proposed geographic area may enter into an agreement under which the prescribed costs payable or to be payable by those municipalities under this Regulation are apportioned among them.  O. Reg. 274/98, s. 2.

(2) The agreement becomes effective,

(a) in the case of a proposed geographic area, on the designation date; or

(b) in the case of a geographic area,

(i) if a date is specified in the agreement, on the specified date, and

(ii) otherwise, on the day the agreement is made.  O. Reg. 274/98, s. 2.

(3) Subject to subsection (4), the agreement may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties.  O. Reg. 274/98, s. 2.

(4) If the delivery agent is a district social services administration board, the agreement shall not be effective with respect to a period before July 1, 1998.  O. Reg. 274/98, s. 2.

(5) The delivery agent shall provide a copy of the agreement to the Minister forthwith after it is made.  O. Reg. 274/98, s. 2.

(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.  O. Reg. 12/02, s. 4.

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.  O. Reg. 12/02, s. 5.

(2) The agreement becomes effective on January 1, 2002, even if it is made after that date.  O. Reg. 12/02, s. 5.

(3) If the agreement is made after January 1, 2002, it shall provide for a monetary reconciliation between the parties.  O. Reg. 12/02, s. 5.

Arbitration Process

13.3 Sections 13.5 to 13.8 do not apply with respect to a geographic area whose delivery agent is a district social services administration board or a band or a proposed geographic area whose delivery agent is to be a district social services administration board or a band.  O. Reg. 274/98, s. 2.

13.4 Arbitrations under sections 13.5, 13.5.1, 13.6 and 13.7 are governed by the Arbitration Act, 1991, subject to those sections and to the following rules:

1. The parties may jointly appoint a single arbitrator on or after the day the arbitration is commenced.

2. If the parties have not appointed an arbitrator, the Superior Court of Justice may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991.

3. The arbitrator shall make a final award that disposes of the issue, within three months after being appointed.

4. The date by which the arbitrator is required to make an award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991.  However, that date may be extended by agreement of the parties.

5. The final award shall apportion among the parties the prescribed costs with respect to the geographic area or proposed geographic area.

6. The arbitration shall not deal with the prescribed costs incurred before the designation date.

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 final award may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties.

8. A party may appeal the final award to the Superior Court of Justice only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45 (1) (a) and (b) of the Arbitration Act, 1991 are met.  No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties.

9. The arbitrator shall provide a copy of the final award to the Minister forthwith after it is made.

10. At any time during the arbitration, the parties may enter into an agreement under section 13.2 that includes an agreement apportioning the costs of the arbitration among the parties, in which case the arbitration terminates.

11. The parties may, at any time, amend the final award by agreement or replace the award with an agreement under section 13.2.  O. Reg. 274/98, s. 2; O. Reg. 12/02, s. 6; O. Reg. 140/05, s. 3.

13.5 (1) If, by September 8, 1998, the municipalities set out in the designation of a proposed geographic area have not entered into an agreement under section 13.2, they shall be deemed to have commenced an arbitration on September 8, 1998 of the apportionment among them of the prescribed costs with respect to the proposed geographic area.  O. Reg. 274/98, s. 2.

(2) At any time before September 8, 1998 a party may, by serving a notice on the other parties, commence an arbitration of the apportionment.  O. Reg. 274/98, s. 2.

(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 the designation date, and remains in effect unless superseded by an agreement under section 13.2 or a final award in a subsequent arbitration.  O. Reg. 274/98, s. 2.

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.  O. Reg. 12/02, s. 7.

(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.  O. Reg. 12/02, s. 7.

(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.  O. Reg. 12/02, s. 7.

13.6 (1) If a final award has been in effect for at least two years, a party may, by serving a notice on the other parties, commence a new arbitration to deal with the apportionment among the parties of the prescribed costs with respect to the geographic area.  O. Reg. 274/98, s. 2.

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

1. The final award shall come into effect and supersede the previous award or be deemed to have come into effect and superseded the previous award on the later of the day that is three years after the effective date of the last award and the day the notice is served.  O. Reg. 274/98, s. 2.

13.7 (1) If an agreement expires or is terminated in accordance with the agreement and the parties have not entered into a new agreement, they shall be deemed to have commenced an arbitration on the date of expiry or termination of the apportionment among them of the prescribed costs with respect to the geographic area.  O. Reg. 274/98, s. 2.

(2) The date of expiry or termination of the agreement,

(a) shall be the date determined in accordance with the agreement or notice of termination, if that date is the last day of a month; or

(b) otherwise, shall be deemed to be the last day of the month in which that date falls.  O. Reg. 274/98, s. 2.

(3) A party may commence an arbitration of the apportionment by serving a notice on the other parties,

(a) if a notice of termination of the agreement is served, on or after the day it is served; or

(b) otherwise, at any time during the 12 months preceding the date of expiry of an agreement.  O. Reg. 274/98, s. 2.

(4) The rules set out in section 13.4 and the following rules apply to an arbitration under this section:

1. Subject to paragraph 2, the final award shall come into effect or be deemed to have come into effect on the day the agreement expires or is terminated.

2. If the agreement expires or is terminated before the final award is made,

i. the agreement shall be deemed to be in effect until the final award is made, and

ii. the final award shall provide for a monetary reconciliation among the parties.  O. Reg. 274/98, s. 2.

13.8 (1) If an arbitration is commenced or deemed to have been commenced under this Regulation and an arbitration involving the same parties is also commenced under a regulation made under provisions listed in subsection (2) but an arbitrator has not yet been appointed for any of the arbitrations,

(a) one arbitrator shall be appointed for all of the arbitrations; and

(b) the arbitrations shall be held as one arbitration.  O. Reg. 133/01, s. 1.

(2) Subsection (1) applies with respect to an arbitration commenced under a regulation made under:

1. Clause 22 (1) (e.2) and paragraph 2 of subsection 22 (2.1) of the Ambulance Act.

2. Clause 22 (1) (e.5) and paragraph 2 of subsection 22 (2.3) of the Ambulance Act.

3. Subsection 22.0.1 (1), clause 22.0.1 (2) (b) and paragraph 2 of subsection 22.0.1 (2.1) of the Ambulance Act.

4. Clause 18 (1) (l.3) or (l.5) and paragraph 2 of subsection 18 (3) of the Day Nurseries Act.

5. Paragraph 42 of subsection 55 (1) and paragraph 2 of subsection 55 (8) of the Ontario Disability Support Program Act, 1997.

6. Paragraph 9 or 11 of subsection 174 (1) and paragraph 2 of subsection 174 (2) of the Social Housing Reform Act, 2000.  O. Reg. 133/01, s. 1.

(3) An arbitration under this section is governed by the Arbitration Act, 1991, subject to the following rules:

1. The parties may jointly appoint a single arbitrator on or after the day the arbitrations are consolidated.

2. If the parties are entitled to appoint an arbitrator jointly but have not done so, the Superior Court of Justice may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991.

3. The arbitrator shall make a final award that disposes of the issue within three months after being appointed.

4. The date by which the arbitrator is required to make an award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991.  However, that date may be extended by agreement of the parties.

5. The final award shall apportion among the parties the prescribed costs with respect to the geographic area or proposed geographic area.

6. The arbitration shall not deal with the prescribed costs incurred before the designation date.

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 final award may be effective with respect to a period or periods before it is made and, in that case, shall provide for a monetary reconciliation among the parties.

8. A party may appeal the final award to the Superior Court of Justice only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45 (1) (a) and (b) of the Arbitration Act, 1991 are met.  No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties.

9. The arbitrator shall provide a copy of the final award to the Minister forthwith after it is made.

10. At any time during the arbitration, the parties may enter into an agreement under section 13.2 that includes an agreement apportioning among the parties that part of the costs of the arbitration attributable to the prescribed costs, in which case that part of the arbitration terminates.

11. The parties may, at any time, amend that part of the final award concerning the prescribed costs by agreement or replace that part of the award with an agreement under section 13.2.

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.  O. Reg. 274/98, s. 2; O. Reg. 12/02, s. 8; O. Reg. 562/06, s. 2.

Accommodation for Appeals

14. A delivery agent shall provide a suitable room and other necessary accommodation for holding hearings of the Tribunal in the delivery agent’s geographic area.  O. Reg. 228/98, s. 4.

15. Revoked:  O. Reg. 378/05, s. 1.