jswizzle3737/ontario_laws_and_regs huggingface dataset:
4 (1) In order to facilitate the carrying out of the intent and purpose of this Act, or for the purpose of ascertaining any fact necessary to establish that a person who has applied for or is entitled to a supplement is or is not entitled to an increment, the Minister may act upon any decision made by the Minister of National Health and Welfare of the Government of Canada or by a court or tribunal to which an appeal is taken as provided for in the Old Age Security Act (Canada) or may act upon any statement or information furnished under that Act, and for the purpose of determining the entitlement of any person to an increment or of determining the amount thereof, the Minister may treat an application under the
Old Age Security Act (Canada) for a supplement or a statement of income furnished under that Act as an application or statement, as the case requires, under this Act, and when so treated, such application or statement shall be deemed an application or statement under this Act. Idem (2) The Minister is authorized to enter into and to proceed upon any arrangement with the Minister of National Health and Welfare of the Government of Canada for obtaining, exchanging and keeping confidential any information furnished under this Act or under the Old Age Security Act (Canada), or any arrangement that will, in the opinion of the Minister, facilitate the implementation and carrying out of the provisions of this Act and the payment of increments to which any eligible person is entitled under this Act, but if any such arrangement is made with a person who is not subject to section 11, the Minister shall take all steps necessary to ensure that any information coming to such person’s knowledge concerning any beneficiary or applicant is not divulged or disclosed to any person not legally entitled thereto. Delegation of power (3) Where an arrangement is entered into under subsection (2), the Minister may in writing delegate the exercise or discharge of any power or duty conferred or imposed upon the Minister by this Act, including a discretion, and where the exercise of any discretion is delegated, the Minister shall in writing define the extent to which and, where applicable, the terms upon which the discretion is exercisable, and every delegation made under this subsection may be revoked or may be made upon such conditions as the Minister may impose to ensure the carrying out of the purposes of this Act and compliance with its provisions.  R.S.O. 1990, c. O.17, s. 4.
5 (1) Subject to section 3 and subject to the regulations, an application may be approved and increments paid from any date that is prior to that on which the application was received and that is neither earlier than the date eleven months before the application was received nor earlier than the earliest date in such prior period on which the applicant could be approved as an eligible person, and where the applicant would be an eligible person if his or her application were approved on or after the day on which the application was received, the application may be approved and increments paid from the first day on or after the receipt of the application on which the applicant could be approved as an eligible person, but if the applicant cannot be approved as an eligible person within the three months following the month in which his or her application was received, the application may be rejected without prejudice to the applicant’s right to apply again when he or she can be approved as an eligible person. Continuation of payments (2) Subject to this Act and the regulations, an increment shall continue to be paid during the lifetime of a beneficiary, and shall cease with the payment for the month in which the beneficiary dies. When increment payable (3) Payment of an increment for any month shall be made at any time during the month, except that where payment of an increment in respect of any fiscal year is approved after the end of the month for which the first payment of the increment may be made, payments thereof for the month in which the payment of the increment is approved and for months preceding that month may be made during the two months following the month in which payment of the increment is approved. Minimum increment (4) Where the increment to which a beneficiary is entitled in any month is more than zero and less than $2.50, the beneficiary shall be paid an increment in the amount of $2.50 for that month.  R.S.O. 1990, c. O.17, s. 5.
5.1 The amount of an increment payment to an eligible person for the period beginning on January 1, 2023 and ending on December 31, 2023 is the amount payable under section 2 multiplied by 2. 2022, c. 23, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2022, c. 23, Sched. 6, s. 1 - 08/12/2022
7 (1) Section 15 of the Old Age Security Act (Canada) shall be deemed to be a part of this Act and, for such purpose, references in that section to the following words or expressions shall be read as indicated: 1. References to a supplement shall be read as if they were references to an increment. 2. References to a payment period shall be read as if they were references to a fiscal year. 3. References to a pensioner shall have the meaning given to that term by section 2 of that Act. 4. References to prescribed forms shall be read as if they were references to forms prescribed for the purposes of that Act, unless the Minister of Finance has approved forms for use under this Act in their place. 5. References to subsection 11 (4) of that Act shall be read as if they were references to subsection 3 (2.1) of this Act. 6. References to subsection 14 (1.1) of that Act shall be read as if they were references to subsection 6 (1.1) of this Act. Non-duplication of process (2) Applications, statements, notifications, income estimates and other information provided by a person to the Minister of Human Resources Development for Canada under the Old Age Security Act
(Canada) may be treated by the Minister of Finance as applications, statements, notifications, income estimates and other information provided for the purposes of this Act, and the Minister of Finance may rely on all directions and cancellations of directions given by the Minister of Human Resources Development for Canada under section 15 of the Old Age Security Act (Canada) as if they had been given by the Minister of Finance, with necessary modifications, for the purposes of this Act.  1999, c. 9, s. 172. Section Amendments with date in force (d/m/y) 1999, c. 9, s. 172 - 1/07/1999
8 (1) Where an application in respect of a fiscal year is approved, and it is subsequently determined that the income of the applicant for the base calendar year calculated as required by this Act (hereinafter referred to as “actual income”) does not accord with his or her income (hereinafter referred to as “shown income”) calculated as required by this Act on the basis of a statement required or permitted by section 6 to be made or filed by him or her, (a) where the applicant’s actual income exceeds his or her shown income, any amount by which the increment paid to the applicant for months in that fiscal year exceeds the increment that would have been paid to him or her for those months if the applicant’s shown income had been equal to his or her actual income, may be deducted and retained out of any subsequent payments of such increment made to the applicant in such manner as may be prescribed; and (b) where the applicant’s shown income exceeds his or her actual income, there shall be paid to the applicant an amount by which the increment that would have been paid to him or her for months in that fiscal year if the applicant’s shown income had been equal to his or her actual income, exceeds the increment paid to him or her for those months, except that no payment shall be made under this clause where the amount of such payment is less than $5.00. Limitation (2) Despite subsection (1), no amount may be deducted and retained in a fiscal year under that subsection with respect to any increment paid to a beneficiary for months before the immediately preceding fiscal year, unless, (a) the beneficiary made a wilful misrepresentation or committed fraud for the purpose of receiving or obtaining such payment of increment; or (b) the amount by which, (i) the increment paid to the beneficiary for months in that fiscal year and the immediately preceding fiscal year, exceeds, (ii) the increment that would have been paid to the beneficiary for those months where the beneficiary’s shown income had been equal to his or her actual income, has been determined and an amount has been deducted and retained with respect thereto in accordance with this section, in which case the amount of the excess may be deducted and retained, in such manner as may be prescribed, out of any payment of increment made to the beneficiary after any amount has been so deducted and retained.  R.S.O. 1990, c. O.17, s. 8.
10 (1) Where a person receives or obtains the payment of an increment to which he or she is not entitled or the payment of an amount in excess of the increment to which he or she is entitled, the person shall forthwith return to the Minister such increment or excess amount, as the case may be.  R.S.O. 1990, c. O.17, s. 10 (1). Idem (2) Where a person receives or obtains the payment of an increment to which he or she is not entitled or the payment of an amount in excess of the increment to which he or she is entitled, the amount or excess amount, as the case may be, may be recovered in any court of competent jurisdiction as a debt due to the Crown in proceedings commenced, (a) at any time, where that person made a wilful misrepresentation or committed fraud for the purpose of receiving or obtaining the amount or excess amount; or (b) where clause (a) is not applicable, at any time before the end of the fiscal year next following the fiscal year in which the amount or excess amount was received or obtained, and where that person is or subsequently becomes a beneficiary, the amount of any such indebtedness may, subject to subsection 8 (2), be deducted and retained out of any increment payable to that person or out of any payment to which he or she may be entitled at any time thereafter under subsection 8 (10) of the Income Tax Act or section 84 of the Taxation Act, 2007, and where applicable, the amount of any such indebtedness may be recovered in the manner provided for in the Financial Administration Act.  R.S.O. 1990, c. O.17, s. 10 (2); 2008, c. 19, Sched. V, s. 8. Section Amendments with date in force (d/m/y) 2008, c. 19, Sched. V, s. 8 - 01/01/2009
11 (1) Except as provided in subsection (2), all information obtained under this Act by any officer, employee or agent of the Ministry of Finance is privileged and confidential, and no such officer, employee or agent shall knowingly communicate or allow to be communicated to any person not legally entitled thereto any such information, or allow any person not legally entitled to do so to inspect or have access to any statement or other writing containing such information.  R.S.O. 1990, c. O.17, s. 11 (1); 1999, c. 9, s. 174 (1). Disclosure of information (2) Any information referred to in subsection (1) that is obtained by any officer, employee or agent of the Ministry of Finance in the administration of this Act may be communicated, (a) to any officer or employee of the Ministry of Community and Social Services, Human Resources Development Canada, the Department of National Revenue and the Canada Revenue Agency; and (b) to any person or class of persons who administers a program of assistance payments similar in nature to the payments authorized under this Act and who is prescribed by the Lieutenant Governor in Council.  1999, c. 9, s. 174 (2). Evidence and production of documents (3) Despite any other Act or law, no officer, agent or employee of Her Majesty shall be required, in connection with any legal proceedings, to give evidence relating to any information that is privileged under subsection (1) or to produce any statement or other writing containing any such information. Application of subss. (1), (3) (4) Subsections (1) and (3) do not apply in respect of proceedings relating to the administration or enforcement of this Act.  R.S.O. 1990, c. O.17, s. 11 (3, 4). Section Amendments with date in force (d/m/y) 1999, c. 9, s. 174 (1, 2) - 14/12/1999
12 An increment shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security an increment is void.  R.S.O. 1990, c. O.17, s. 12.
13 (1) Where an applicant or a beneficiary entitled to receive an increment dies, the Minister may pay any increment to which the applicant or beneficiary was entitled at his or her death to the executor or administrator of his or her estate or, if no executor or administrator is, in the opinion of the Minister, likely to be appointed or granted letters probate, to such applicant’s or beneficiary’s surviving spouse or common-law partner or to the person who appears to the Minister to be discharging the duties of executor or administrator of the deceased applicant’s or beneficiary’s estate, although not so constituted or appointed by the Superior Court of Justice.  R.S.O. 1990, c. O.17, s. 13 (1); 2000, c. 42, s. 84; 2006, c. 19, Sched. C, s. 1 (1). Where increment may be paid to a trustee, etc. (2) In the case of a beneficiary, (a) for whom a committee or trustee is acting; or (b) who, in the opinion of the Minister, is using or is likely to use his or her increment otherwise than for his or her own benefit, or is incapacitated or is incapable of handling his or her own affairs, the Minister may appoint a person to act on behalf of the beneficiary, and the increment may be paid for the benefit of the beneficiary to the committee or trustee or to the person so appointed.  R.S.O. 1990, c. O.17, s. 13 (2). Compensation (3) A person acting for a beneficiary under subsection (2) is not entitled to any fee or other compensation or reward or to any reimbursement for any costs or expenses incurred by the person.  R.S.O. 1990, c. O.17, s. 13 (3). Section Amendments with date in force (d/m/y) 2000, c. 42, s. 84 - 01/07/2000 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
14 Where a deduction is made from an increment payable under this Act or from any payment under a statute of Canada or of a province of Canada that is relevant in determining the income for the base calendar year of the person to whom any increment may be paid under this Act, and the deduction is made by the Crown to reduce or discharge a liability to the Crown of the person, such person’s entitlement under this Act shall not thereby be increased.  R.S.O. 1990, c. O.17, s. 14.
16 (1) Every person who does any of the following is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $1,000: 1. Knowingly, makes a false or misleading statement in an application or statement required or permitted by this Act, and does so for the purpose of obtaining a payment of an increment under this Act to which the person is not entitled or to which a person on whose behalf the person is acting is not entitled. 2. Knowingly, fails to disclose any information that is required to be disclosed and by reason thereof obtains a payment of an increment under this Act to which the person is not entitled or to which a person on whose behalf the person is acting is not entitled. 3. Knowingly, converts to the person’s own use a payment of an increment under this Act to which the person is not entitled. Idem (2) Every person who contravenes section 11 is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $2,000. Information may be for more than one offence (3) An information in respect of an offence under this Act may be for one or more than one offence, and no information, warrant, conviction or other proceeding in a prosecution under this Act is objectionable or insufficient by reason of the fact that it relates to two or more offences. Limitation (4) An information in respect of an offence under this Act shall be laid within five years of the time when the offence was committed.  R.S.O. 1990, c. O.17, s. 16.
18 The Minister may approve the use of forms for any purpose of this Act and the forms may provide for such information to be furnished as the Minister may require.  1997, c. 19, s. 17 (3). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 17 (3) - 10/10/1997 ______________  Français