55 (1) The Lieutenant Governor in Council may make regulations, 1.  prescribing the persons to be included in a benefit unit; 2.  respecting the items, services and payments that may be included as benefits and determining who may be eligible for benefits; 3.  respecting the determination of budgetary requirements, income and assets and the maximum value of assets permitted; 4.  respecting the determination of the amount of income support to be provided and the time and manner of providing it, including who is eligible to receive the income support and how to determine what portion of income support is provided with respect to each person; 5.  prescribing classes of persons eligible for income support for the purposes of subsection 3 (1); 6.  prescribing the qualifications required of a person who may verify that a person is a person with a disability for the purposes of section 4; 7.  prescribing what shall be considered to be authorized by prescription for the purposes of subsection 5 (2); 8.  prescribing matters to be considered in determining what a substantial restriction in activities of daily living is attributable to for the purposes of subsection 5 (2); 9.  respecting the conditions of eligibility for income support including, without limiting the generality of the foregoing, (i)  additional conditions relating to eligibility for income support, (ii)  information to be provided, including the time and manner of providing that information, verification of that information and home visits, (iii)  changes in circumstances, (iv)  the disposition of property, (v)  the obligation to obtain compensation or to realize a financial resource, (vi)  requirements to agree to reimburse the Ministry and to give assignments to the Director, and (vii)  a person’s status in the country; 10.  respecting the determination of residence in Ontario; 11.  prescribing classes of persons who are not eligible for income support or employment supports; 12.  Repealed:  2009, c. 33, Sched. 8, s. 4 (7). 13.  respecting applications for income support and the information to be included in an application; 14.  requiring applications and other documents to be prepared in a form and manner approved by the Director; 15.  respecting the consequences of failing to satisfy a condition of eligibility, including fixing periods of ineligibility; 16.  respecting re-instating income support or returning it to its former level and the procedures that apply; 17.  prescribing the procedures to be followed in determining the need for and appointing a person to act for a recipient under section 12 and providing measures with respect to the person’s accountability and reporting requirements; 18.  prescribing rules for the payment of a portion of income support for the purposes of section 13 directly to a third party; 19.  respecting the information to be included in a notice of decision regarding an overpayment, the calculation and recovery of overpayments and the maximum amounts which may be deducted from income support when recovering an overpayment; 20.  respecting the reconciliation of overpayments among delivery agents where overpayments are owed to one delivery agent and recovered by another, and respecting overpayments recovered by reason of subsection 14 (3); 21.  prescribing debts for the purposes of subsection 18 (2) and the priority of recovery; 22.  prescribing additional matters that may be appealed under this Act; 23.  respecting the requirement for and the procedures to be followed in conducting an internal review; 24.  prescribing the time within which an internal review may be requested and, if requested, is to be completed; 25.  prescribing the time within which an appeal to the Tribunal may be filed; 26.  respecting the commencement, conduct and procedures for appeals to the Tribunal and the time within which decisions are to be rendered; 27.  respecting the requirement to record evidence, whether by transcript or notes of members taken at a hearing; 28.  respecting the record of proceedings for the purposes of proceedings before a court; 29.  respecting the determination of interim assistance for the purposes of section 25; 30.  prescribing the period within which a new appeal is not permitted for the purposes of subsection 29 (2); 30.1  governing appeals under this Act to the Divisional Court for the purposes of subsection 31 (1); 31.  prescribing employment supports for the purposes of subsection 32 (1); 32.  prescribing classes of goods or services not provided by the employment supports program; 33.  prescribing the qualifications required of a person who may verify that a person is eligible for employment supports for the purposes of subsection 32 (2); 34.  prescribing the elements of a competitive employment plan for the purposes of clause 33 (d); 35.  respecting the determination of eligibility for employment supports and contributions toward the costs of those supports for the purposes of section 35; 36.  prescribing circumstances under which employment supports may be suspended or cancelled for the purposes of subsection 36 (1); 37.  prescribing standards for the dispute resolution process in subsection 36 (3); 38.  respecting the provision of capital and operating grants to organizations for workshops and of operating grants to organizations for supported employment programs and their terms and conditions; 39.  prescribing terms and conditions for the continuation or renegotiation of agreements for specialized services made under the Vocational Rehabilitation Services Act; 40.  respecting agreements for delivery of income support, terms and conditions of those agreements, and payments to delivery agents for the purposes of section 39; 41.  respecting the costs incurred under this Act to which cost sharing should apply and providing for how they are to be shared, including the apportioning of those costs among Ontario, municipalities and persons living in territory without municipal organization, and prescribing the municipalities to which cost sharing applies; 42.  respecting the apportionment among municipalities in a geographic area of their share of the costs incurred under this Act and, for the purpose, prescribing the municipalities that must share in that apportionment and the manner in which that share shall be recovered; 43.  providing for the recovery by Ontario from a delivery agent of any amounts paid by Ontario under this Act for which the delivery agent is liable or for the recovery by Ontario or a delivery agent from a recipient of income support or from his or her estate of amounts paid by Ontario or the delivery agent under this Act, and prescribing the circumstances and manner in which any such recovery may be made; 44.  prescribing the powers and duties of eligibility review officers, family support workers and service co-ordinators and providing for the manner in which they shall exercise their powers and duties; 45.  respecting the provision of assistance with respect to children who have severe disabilities for the purposes of section 49, including, without limiting the generality of the foregoing, issues related to eligibility, applications, determinations, reduction or cancellation of financial assistance and appeals; 45.1  respecting the items, services and payments that may be included as extended health benefits; 45.2  prescribing classes of persons who may be provided with extended health benefits; 46.  respecting the giving of notice for purposes of this Act; 47.  respecting subrogation rights under section 52; 48.  defining any word or expression used in this Act that has not been defined in this Act; 49.  prescribing any matter referred to in this Act as prescribed; 50.  providing for the collection, retention, use, disclosure and safeguarding of privacy of personal information referred to in clause (4) (a).  1997, c. 25, Sched. B, s. 55 (1); 2006, c. 19, Sched. E, s. 2 (6); 2009, c. 33, Sched. 8, s. 4 (7-9). Regulations, Minister (2) The Minister may make regulations, 1.  prescribing standards a delivery agent is to meet in carrying out its functions and the procedures and practices to be followed by the delivery agent; 2.  prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations.  1997, c. 25, Sched. B, s. 55 (2). Classes of income support (3) A regulation made under paragraph 4 of subsection (1) may provide that some classes of income support are mandatory and must be provided to persons who are eligible and other classes of income support are discretionary.  1997, c. 25, Sched. B, s. 55 (3). Information (4) A regulation made under paragraph 9 of subsection (1) may include a requirement that a person, (a)  provide evidence permitting identification of the person by means of photographic images or encrypted biometric information; and (b)  provide personal information about a third party that is relevant to determining the person’s eligibility.  1997, c. 25, Sched. B, s. 55 (4). Periods of ineligibility (5) A regulation made under paragraph 15 of subsection (1) may provide for different periods of ineligibility for income support with respect to failure to comply with or meet different conditions of eligibility and with respect to repeated failures to comply.  1997, c. 25, Sched. B, s. 55 (5). Same (6) A regulation made under paragraph 15 of subsection (1) may provide for a period of ineligibility as a result of a person’s conviction of an offence or crime in relation to the receipt of social assistance.  1997, c. 25, Sched. B, s. 55 (6). Apportionment, payment by municipalities (7) A regulation under paragraph 42 of subsection (1) may require a municipality or district social services administration board in a prescribed geographic area to apportion the costs incurred under this Act in the geographic area among municipalities in that area and may require those municipalities to pay to the municipality or board their share of those costs.  1997, c. 25, Sched. B, s. 55 (7). Apportionment of costs (8) A regulation made under paragraph 42 of subsection (1)  may do one or more of the following: 1.  Authorize municipalities in a geographic area to determine by agreement how their costs are to be apportioned, subject to the prescribed conditions. 2.  Provide for an arbitration process for determining how the costs of those municipalities are to be apportioned. 3.  Set out the manner in which the costs of those municipalities are to be apportioned.  1997, c. 25, Sched. B, s. 55 (8). Same (9) A regulation under paragraph 1 or 2 of subsection (8) may, (a)  provide, on an interim basis, for the manner in which costs are to be apportioned and for the time and manner in which they are to be paid; (b)  permit an agreement or an arbitration decision to apply to costs incurred and paid before the agreement or decision is reached; and (c)  provide for the reconciliation of amounts paid on an interim basis.  1997, c. 25, Sched. B, s. 55 (9). Same (10) Where a regulation under paragraph 3 of subsection (8) is retroactive, it may provide for the reconciliation of amounts paid.  1997, c. 25, Sched. B, s. 55 (10). General or particular (11) A regulation made under subsection (1) may be general or particular in its application.  1997, c. 25, Sched. B, s. 55 (11). Retroactive effect (12) A regulation made under subsection (1) is, if it so provides, effective with respect to a period before it is filed.  1997, c. 25, Sched. B, s. 55 (12). Exception (13) Despite subsection (12), no provision in a regulation that imposes a penalty or sanction or decreases income support may be retroactive.  1997, c. 25, Sched. B, s. 55 (13); 2002, c. 18, Sched. D, s. 2 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. D, s. 2 (3) - 26/11/2002 2006, c. 19, Sched. E, s. 2 (6) - 22/06/2006 2009, c. 33, Sched. 8, s. 4 (7-9) - 15/12/2009