74 (1) The Lieutenant Governor in Council may make regulations, 1.  prescribing the persons to be included in a benefit unit; 2.  respecting the determination of budgetary requirements, income and assets and the maximum value of assets permitted; 3.  respecting the determination of the amount of assistance to be provided and the time and manner of providing it, including who is eligible to receive the assistance and how to determine what portion of assistance is provided with respect to each person; 4.  respecting employment assistance and the standards delivery agents must meet in providing employment assistance; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 74 (1) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 21, s. 18 (1)) 4.  respecting employment and life stabilization assistance and the standards delivery agents must meet in providing employment and life stabilization assistance; 5.  respecting standards and conditions of community participation activities; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 5 of subsection 74 (1) of the Act is repealed. (See: 2021, c. 25, Sched. 21, s. 18 (1)) 6.  respecting income assistance and determining who may be eligible for income assistance; 7.  respecting the items, services and payments that may be included as benefits and determining who may be eligible for benefits; 8.  respecting emergency assistance and determining who may be eligible for emergency assistance; 9.  respecting the conditions of eligibility for assistance including, without limiting the generality of the foregoing, (i)  additional conditions relating to eligibility for assistance, (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 satisfy participation requirements related to employment measures and community participation, Note: On a day to be named by proclamation of the Lieutenant Governor, subparagraph 9 (v) of subsection 74 (1) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 21, s. 18 (2)) (v)  the obligation to satisfy participation requirements related to employment and life stabilization assistance, (vi)  the obligation to obtain compensation or to realize a financial resource, (vii)  requirements to agree to reimburse delivery agents and to give assignments to delivery agents, and (viii)  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 assistance; 12.  respecting the provision and delivery of emergency hostel services, including funding, authority of delivery agents to contract with third parties to provide those services, the minimum standards and conditions to be included in such agreements and maximum daily amounts to be cost shared; 13.  respecting the determination of financial need for the purposes of section 10; 14.  Repealed:  2009, c. 33, Sched. 8, s. 5 (3). 15.  respecting applications for basic financial assistance and the information to be included in an application; 16.  requiring applications and other documents to be prepared in a form and manner approved by the Director; 17.  respecting the consequences of failing to satisfy a condition of eligibility including fixing periods of ineligibility; 18.  respecting re-instating basic financial assistance or returning it to its former level and the procedures which apply; 19.  prescribing the procedures to be followed in determining the need for and appointing a person to act for a recipient under section 17 and providing measures with respect to the person’s accountability and reporting requirements; 20.  providing rules for the payment of a portion of basic financial assistance for the purposes of section 18 directly to a third party; 21.  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 19 (3); 22.  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 basic financial assistance when recovering an overpayment; 23.  prescribing debts for the purposes of subsection 23 (2) and the priority of recovery of those debts; 24.  prescribing additional matters that may be appealed under this Act; 25.  respecting the requirement for and procedures to be followed in conducting an internal review; 26.  prescribing the time within which an internal review may be requested and, if requested, is to be completed; 27.  prescribing the time within which an appeal to the Tribunal may be filed; 28.  respecting the commencement and conduct of and procedures for appeals to the Tribunal and the time within which decisions are to be rendered; 29.  respecting the requirement to record evidence whether by transcript or notes of members taken at a hearing; 30.  respecting the record of proceedings for the purposes of proceedings before a court; 31.  prescribing the classes of appeals of which delivery agents must give notice to the Director; 32.  respecting the determination of interim assistance for the purposes of section 30; 33.  prescribing the period within which a new appeal is not permitted for the purposes of subsection 34 (2); 33.1  governing appeals under this Act to the Divisional Court for the purposes of subsection 36 (1); 34.  respecting the powers and duties of a delivery agent for the purposes of this Act; 34.1  prescribing and assigning costs to a delivery partner; 35.  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; 36.  respecting the determination of cost estimates and actual costs and the reconciliation of them and respecting reserves for working funds; 37.  respecting the determination of the amounts Ontario shall pay to delivery agents and delivery partners and that delivery agents and delivery partners shall pay to Ontario and the methods of determining those amounts, providing for the manner in which and the intervals at which payments shall be made, for the suspension or withholding of amounts payable by Ontario or part of them and for making deductions from them; 38.  respecting the apportionment among municipalities in a geographic area of their share of the delivery agent’s costs and the delivery partner’s 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; 39.  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 assistance 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; 39.  providing for the recovery by Ontario from a delivery agent and delivery partner of any amounts paid by Ontario under this Act for which the delivery agent and the delivery partner are liable or for the recovery by Ontario or a delivery agent from a recipient of assistance 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; 40.  prescribing additional powers and duties of administrators and the Director and providing for the manner in which administrators shall exercise their powers and duties; 41.  respecting agreements between the Director and delivery agents and between delivery agents and third parties; 42.  prescribing the powers and duties of eligibility review officers and family support workers and providing for the manner in which they shall exercise their powers and duties; 43.  providing for rules of application to members of bands living on reserves with regard to the administration of this Act, including the provision, delivery, administration and funding of assistance and prescribing the reserves or geographic areas to which those rules apply; 44.  respecting the giving of notice for the purposes of this Act; 45.  respecting subrogation rights under section 70; 46.  prescribing the powers and duties to which the penalty in section 78 may apply and the rules for determining the penalty to be imposed for each power or duty and the manner in which that penalty is to be recovered; 47.  defining any word or expression used in this Act that has not been defined in this Act; 48.  prescribing any matter referred to in this Act as prescribed; 49.  providing for the collection, retention, use, disclosure and safeguarding of privacy of personal information referred to in clause (3) (a).  1997, c. 25, Sched. A, s. 74 (1); 2006, c. 19, Sched. E, s. 3 (4); 2009, c. 33, Sched. 8, s. 5 (3); 2021, c. 25, Sched. 21, s. 18 (3-4). Regulations, Minister (2) The Minister may make regulations, 1.  designating geographic areas and delivery agents and delivery partners for those geographic areas, for the purposes of this Act; 2.  prescribing the powers and duties of a delivery partner for the purposes of this Act, the standards a delivery partner is to meet in carrying out its functions and the procedures and practices to be followed by the delivery partner; 3.  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; 4.  prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations; 5.  respecting agreements between the Ministry and delivery partners and between delivery partners and third parties; 6.  prescribing any matter referred to in this Act as prescribed by the Minister. 2021, c. 25, Sched. 21, s. 18 (5). Information (3) 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. A, s. 74 (3). Benefits may be discretionary (4) A regulation made under paragraph 7 of subsection (1) may provide that some classes of benefits are mandatory and must be provided to persons who are eligible and other classes of benefits are discretionary.  1997, c. 25, Sched. A, s. 74 (4). Periods of ineligibility (5) A regulation made under paragraph 17 of subsection (1) may provide for different periods of ineligibility for assistance 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. A, s. 74 (5). Same (6) A regulation made under paragraph 17 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. A, s. 74 (6). Apportionment of costs (7) A regulation made under paragraph 38 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. A, s. 74 (7). Same (8) A regulation under paragraph 1 or 2 of subsection (7) 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. A, s. 74 (8). Same (9) Where a regulation under paragraph 3 of subsection (7) is retroactive, it may provide for the reconciliation of amounts paid.  1997, c. 25, Sched. A, s. 74 (9). First Nation regulations (10) A provision in a regulation made under paragraph 43 of subsection (1) prevails over a provision in this Act if the regulation so provides.  1997, c. 25, Sched. A, s. 74 (10). Same (11) For purposes of this Act and the regulations, “bands”, “members of bands” and “reserves” have the same meaning as in the Indian Act (Canada).  1997, c. 25, Sched. A, s. 74 (11). Regulation prevails (12) A regulation made under this Act may give an entity designated as a delivery agent or a delivery partner powers for the purposes of this Act and, if it does so, that regulation prevails over a provision in or under any other Act that might limit those powers.  1997, c. 25, Sched. A, s. 74 (12); 2021, c. 25, Sched. 21, s. 18 (6). General or particular (13) A regulation made under this section may be general or particular in its application.  1997, c. 25, Sched. A, s. 74 (13). Retroactive effect (14) A regulation made under this section is, if it so provides, effective with respect to a period before it is filed.  1997, c. 25, Sched. A, s. 74 (14). Exception (15) Despite subsection (14), no provision in a regulation that imposes a penalty or sanction or decreases assistance may be retroactive.  1997, c. 25, Sched. A, s. 74 (15). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. E, s. 3 (4) - 22/06/2006 2009, c. 33, Sched. 8, s. 5 (3) - 15/12/2009 2021, c. 25, Sched. 21, s. 18 (1, 2) - not in force; 2021, c. 25, Sched. 21, s. 18 (3-6) - 01/09/2023