Legislation

This section is an excerpt from the Ontario Works Act, 1997 prescribed by the Province of Ontario.

Ontario Works Act

13. (1) If the administrator is not satisfied that a member of a benefit unit is making reasonable efforts to obtain compensation or realize a financial resource or income that the person may be entitled to or eligible for, the administrator may determine that the person is not eligible for basic financial assistance or reduce the amount of basic financial assistance granted by the amount of the compensation, financial resource or income that in his or her opinion is available or would have been available had reasonable efforts been made to obtain or realize it.

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

(a) any compensation or contribution to the support or maintenance of a member of the benefit unit that may result from an undertaking given with respect to that member under the Immigration Act (Canada) is compensation or a financial resource to which the person is entitled:

(b) the proceeds of a loan guaranteed under section 8 of the Ministry of Colleges and Universities Act or of a loan under the Canada Student Financial Assistance Act is a financial resource to which a member of a benefit unit is entitled if the member is in full-time attendance at a post-secondary institution;

(b.1) an Ontario child benefit payment under section 8.6.2 of the Income Tax Act or a payment under section 122.61 of the Income Tax Act (Canada) is a financial resource to which the person is entitled;

(c) a retirement pension under the Canada Pension Plan or the Quebec Pension Plan that is available to a person before the month in which the person attains 65 years of age is not a financial resource to which that person is entitled; and

(d) income support under the Ontario Disability Support Program Act, 1997 that may be available to a person is not a financial resource to which that person is entitled. (O. Reg.227/98, s.5)

Highlights

Clients must make a reasonable effort to realize any financial resources to which they and/or their dependants may be entitled.

Clients cannot choose to receive assistance as an alternative to pursuing other possible sources of income.

At the discretion of a supervisor, a client’s entitlement may be reduced by the amount of income that would have been available. This acts as an alternative to refusing/terminating/suspending benefits.

Refer to Early Retirement Benefits for exceptions.

Also refer to Immigrants, and Post-Secondary Educational Institutions.