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Ontario Disability Support Program Act, 1997

ontario REGULATION 225/98

ADMINISTRATION AND COST SHARING

Consolidation Period: From November 6, 2015 to the e-Laws currency date.

Last amendment:  O. Reg. 327/15.

This is the English version of a bilingual regulation.

1. In this Regulation,

“assistance” means income support and interim assistance provided under section 25 of the Act; (“aide”)

“cost of administration” means the administrative costs, including the costs of staff training, incurred or payable by Ontario with respect to the provision of assistance under the Act; (“coûts d’administration”)

“delivery agent” means a delivery agent under the Ontario Works Act, 1997 other than a band designated under section 2 or a delivery agent designated under subsection 2.1 (2) or 2.2 (2) or section 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Ontario Works Act, 1997; (“agent de prestation des services”)

“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 under the Ontario Works Act, 1997 for the geographic area; (“date de désignation”)

“geographic area” means an area designated as a geographic area for a designated delivery agent under the Ontario Works Act, 1997; (“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 5.1; (“coûts prescrits”)

“proposed geographic area” means an area designated as a geographic area under the Ontario Works Act, 1997 for the purpose of preparing to designate a single delivery agent under that Act for it. (“zone géographique proposée”)  O. Reg. 225/98, s. 1; O. Reg. 275/98, s. 1; O. Reg. 587/98, s. 1; O. Reg. 119/09, s. 1; O. Reg. 327/15, s. 1.

2. Revoked:  O. Reg. 477/07, s. 1 (6).

2.1 Revoked:  O. Reg. 477/07, s. 2.

3. If Ontario 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 2.  O. Reg. 225/98, s. 3.

4. If Ontario recovers all or part of the assistance paid to a recipient, it shall refund to the appropriate delivery agent the percentage of the amount recovered that is equal to the share of the cost of assistance payable by the delivery agent in the year that Ontario recovers all or part of the assistance.  O. Reg. 426/09, s. 2.

5. The Director shall pay, on behalf of an applicant or recipient, the cost of completion of a report required under paragraph 5 of subsection 14 (2) of Ontario Regulation 222/98 (General).  O. Reg. 225/98, s. 5.

5.0.1 No amount is payable by a delivery agent with respect to the following costs of assistance:

1.-4. Revoked:  O. Reg. 383/09, s. 2.

4.1 As of January 1, 2008, the cost for drugs paid under subparagraph 1i of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Act.

5. As of November 1, 2004, the fee paid under paragraph 1.1 of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Act for periodic oculo-visual assessments for every member of the benefit unit.

6. A monthly benefit paid for work-related expenses under paragraph 6.2 of subsection 44 (1) of Ontario Regulation 222/98 (General) made under the Act.

7. The income support paid under section 29.1 of Ontario Regulation 222/98 (General) made under the Act.

8. The transition child benefit paid under section 45.3 of Ontario Regulation 222/98 (General) made under the Act.  O. Reg. 139/05, s. 2; O. Reg. 30/06, s. 1; O. Reg. 467/06, s. 2; O. Reg. 477/07, s. 3; O. Reg. 482/07, s. 1; O. Reg. 383/09, s. 2.

5.0.2, 5.0.3 Revoked: O. Reg. 383/09, s. 3.

5.0.4 Revoked: O. Reg. 382/10, s. 2.

5.0.5 Revoked: O. Reg. 304/11, s. 1.

5.0.6 Revoked: O. Reg. 209/12, s. 1.

5.1 Revoked: O. Reg. 477/07, s. 4 (2).

Agreements for Sharing of Costs by Municipalities

5.2 (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. 275/98, 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. 275/98, 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. 275/98, 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. 275/98, s. 2.

(5) The delivery agent shall provide a copy of the agreement to the Minister forthwith after it is made.  O. Reg. 275/98, 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. 13/02, s. 1.

5.2.1 (1) If, by March 1, 2002, Haldimand County and Norfolk County have entered into an agreement under subsection 5.2 (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 5.2 (2) and (3) do not apply to the agreement.  O. Reg. 13/02, s. 2.

(2) The agreement becomes effective on January 1, 2002, even if it is made after that date.  O. Reg. 13/02, s. 2.

(3) If the agreement is made after January 1, 2002, it shall provide for a monetary reconciliation between the parties.  O. Reg. 13/02, s. 2.

Arbitration Process

5.3 Sections 5.5 to 5.8 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. 275/98, s. 2.

5.4 Arbitrations under sections 5.5, 5.5.1, 5.6 and 5.7 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 5.2 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 5.2.  O. Reg. 275/98, s. 2; O. Reg. 13/02, s. 3; O. Reg. 139/05, s. 3.

5.5 (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 5.2, 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. 275/98, 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. 275/98, s. 2.

(3) The rules set out in section 5.4 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 5.2 or a final award in a subsequent arbitration.  O. Reg. 275/98, s. 2.

5.5.1 (1) If, by March 1, 2002, Haldimand County and Norfolk County have not entered into an agreement under subsection 5.2 (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. 13/02, s. 4.

(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. 13/02, s. 4.

(3) The rules set out in section 5.4 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 5.2 or a final award in a subsequent arbitration.  O. Reg. 13/02, s. 4.

5.6 (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. 275/98, s. 2.

(2) The rules set out in section 5.4 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. 275/98, s. 2.

5.7 (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 day of expiry or termination of the apportionment among them of the prescribed costs with respect to the geographic area.  O. Reg. 275/98, 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. 275/98, 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. 275/98, s. 2.

(4) The rules set out in section 5.4 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. 275/98, s. 2.

5.8 (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. 134/01, 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 82 (1) (w) of the Child Care and Early Years Act, 2014.

5. Paragraph 38 of subsection 74 (1) and paragraph 2 of subsection 74 (7) of the Ontario Works 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. 134/01, s. 1; O. Reg. 327/15, s. 2.

(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 5.2 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 5.2.

12. That part of the final award in the consolidated arbitration attributable to the prescribed costs comes into effect in accordance with subsection 5.5 (3), 5.5.1 (3), 5.6 (2) or 5.7 (4), as the case may be.  O. Reg. 275/98, s. 2; O. Reg. 13/02, s. 5; O. Reg. 139/05, s. 4.

6. The Director shall provide a suitable room and other necessary accommodation for holding hearings of the Tribunal.  O. Reg. 225/98, s. 6.

7. Omitted (provides for coming into force of provisions of the English version of this Regulation).  O. Reg. 225/98, s. 7.

 

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