O. Reg. 223/98: EMPLOYMENT SUPPORTSSkip to content
Ontario Disability Support Program Act, 1997
ONTARIO REGULATION 223/98
Amended to O. Reg. 34/00
Historical version for the period March 1, 2000 to June 12, 2005.
This is the English version of a bilingual regulation.
1. (1) An application for employment supports must be made on a form approved by the Director. O. Reg. 223/98, s. 1 (1).
(2) The Director may approve application forms for the purposes of this section. O. Reg. 223/98, s. 1 (2).
2. (1) The following classes of persons are ineligible for employment supports:
1. A person who is receiving assistance under the Ontario Works Act, 1997.
2. A person who is less than 16 years of age.
3. A person who is eligible to receive rehabilitation services under the Canada Pension Plan in respect of his or her impairment.
4. A person who is eligible to receive employment benefits under the Employment Insurance Act (Canada).
5. A person who is entitled to benefits under the Workers’ Compensation Act or the Workplace Safety and Insurance Act, 1997 in respect of his or her impairment.
6. A person who is entitled to statutory accident benefits under the Insurance Act in respect of his or her impairment arising out of an automobile accident occurring after June 21, 1990.
7. A person who is entitled to rehabilitation benefits under an insurance policy in respect of his or her impairment.
8. A person who is eligible to receive services under a substance abuse program, including a drug and alcohol recovery program, administered or funded by the Ministry of Health in respect of his or her impairment. O. Reg. 223/98, s. 2 (1); O. Reg. 583/98, s. 1 (1); O. Reg. 168/99, s. 1.
(2) A person who is receiving income support under the Act is ineligible for employment supports unless he or she has exhausted the benefits and services described in subsection (1) that are provided for the purpose of rehabilitation, employment preparation or training. O. Reg. 223/98, s. 2 (2); O. Reg. 583/98, s. 1 (2).
3. The following persons may verify that clause 32 (2) (a) of the Act applies with respect to a person:
1. An audiologist who is a member of the College of Audiologists and Speech-Language Pathologists of Ontario.
2. A member of the College of Chiropractors of Ontario.
3. A registered nurse who is a member of the College of Nurses of Ontario.
4. A member of the College of Occupational Therapists of Ontario.
5. A member of the College of Optometrists of Ontario.
6. A member of the College of Physicians and Surgeons of Ontario.
7. A member of the College of Physiotherapists of Ontario.
8. A member of the College of Psychologists of Ontario. O. Reg. 223/98, s. 3.
Prescribed Employment Supports
4. (1) The following are the prescribed employment supports:
1. Employment consultation and planning.
2. Employment preparation and training.
3. Job placement services.
4. The cost of transportation required by a person in order to participate in the activities described in paragraphs 1, 2 and 3.
5. Job coaching.
6. The tools and equipment necessary for a person’s employment preparation and training or necessary for a person to begin employment.
7. The services of an interpreter, reader or note-taker.
8. Mobility devices.
9. Appliances designed to support or take the place of a part of the human body or to increase the acuity of a sensory organ. O. Reg. 223/98, s. 4 (1).
(2) Despite subsection (1), the following classes of goods and services are not provided by the employment supports program:
1. Educational programs in respect of which financial assistance is available under the Ontario Student Assistance Program, and any goods or services necessary to enable a person to attend such a program.
2. Educational programs established under the Education Act and any goods or services necessary to enable a person to attend such a program.
3. Goods and services available to a person under the Long-Term Care Program (administered by the Ministry of Health).
4. That portion of the cost of devices and supplies available to a person under the Assistive Devices Program (administered by the Ministry of Health) that is paid by the Program.
5. Medical, dental and nursing treatment and procedures, including prescription drugs.
6. Goods and services that the person’s employer is required under the Human Rights Code to provide.
7. Structural modifications to a person’s place of employment.
8. The purchase or modification of a home.
9. The purchase or modification of a vehicle. O. Reg. 223/98, s. 4 (2).
Required Financial Contribution
5. (1) A person who is eligible for employment supports shall complete the contribution assessment form provided to him or her by a service co-ordinator. O. Reg. 223/98, s. 5 (1).
(2) Subsection (1) does not apply to a person who is eligible for income support under Part I of the Act. O. Reg. 223/98, s. 5 (2).
6. (1) A person who is eligible for employment supports shall contribute 30 per cent of the amount determined under subsection (3) (if it is greater than zero) toward the cost of the employment supports. O. Reg. 223/98, s. 6 (1).
(2) A person is not required to make the contribution described in subsection (1) to the extent that extenuating circumstances reasonably affect his or her ability to do so. O. Reg. 223/98, s. 6 (2).
(3) The amount is calculated using the formula,
“A” equals the person’s total income reported for income tax purposes for the year preceding the year in which he or she applies for employment supports less the sum of amounts allowed for annual union or professional dues, child care expenses, attendant care expenses, amounts for infirm dependents, Canada Pension Plan contributions, Employment Insurance premiums, disability amounts and medical expenses;
“B” equals the amount described by “A” for the person’s spouse or same-sex partner, if any;
“C” equals, for a person who is 16 or 17 years of age, the amount described by “A” for each of the person’s parents (within the meaning of subsection 1 (1) of the Family Law Act) who live in the same dwelling as the person.
O. Reg. 223/98, s. 6 (3); O. Reg. 34/00, s. 1.
Suspension or Cancellation of Employment Supports
7. If a person receives money to purchase specified employment supports, the service co-ordinator may suspend or cancel the person’s employment supports if the person,
(a) does not purchase the specified employment supports with the money; or
(b) does not make the purchase in accordance with the requirements imposed by the service co-ordinator when giving him or her the money. O. Reg. 223/98, s. 7.
8. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 223/98, s. 8.