Laws, rules and decisions

Legislation and regulations

The SBT‘s jurisdiction and authority is established from the Ontario Works Act (OWA), the Ontario Disability Support Program Act (ODSPA), and the Statutory Powers Procedure Act (SPPA).

The SBT is established under Part IV of the OWA. Appeals are heard under the OWA and the ODSPA:

• The OWA establishes Ontario Works, a program designed to help participants become self-sufficient. The OWA provides for basic financial assistance to people who are in need while they attempt to become employed or stay employed
• The ODSPA provides for an income support program for people with disabilities and support for children with severe disabilities. Employment supports are also provided under the ODSPA

Both the OWA and the ODSPA outline the process for reviewing decisions where a person has been denied assistance or when their assistance has been reduced or cancelled.

Regulation 134/98 under the OWA provides more information about the requirements of the OWA. Together, the OWA and this regulation identify:

• who is eligible for assistance
• the obligations of people on assistance to be involved in employment assistance activities
• the application process for persons seeking financial assistance
• responsibilities of recipients and their dependants while receiving assistance
• the amount of financial assistance and the method of calculation
• the amount and types of income and assets that are considered to determine if a person is eligible
• the reasons for which assistance can be refused, cancelled or reduced by the administrator
• the review of decisions of the administrator
• the SBT and its powers
• an appeal to the SBT and the process for such an appeal
• the right to appeal to Divisional Court on an error of law.

Regulation 222/98 of the ODSPA provides information about specific provisions in the ODSPA, such as:

• how to apply for Ontario Disability Support Program
• who is a person with a disability
• the role of the Disability Adjudication Unit in determining if a person has a disability
• the responsibilities a person and his or her dependants must meet to be eligible
• the amount of income support and benefits available
• the amount and types of income and assets that are considered to determine if a person and his or her dependants are eligible
• the reasons for a director to refuse, cancel or reduce income support
• the review of decisions of the director not to grant or to cancel or reduce income support or benefits
• an appeal to the SBT and the process for an appeal
• the right to appeal to Divisional Court on an error of law.

Regulation 224/98 under the ODSPA provides more information about assistance for children with severe disabilities. It describes who is eligible for assistance, and how much a person can receive based on the income of the parent, the severity of the child’s disability and the expenses incurred for the child.

The SPPA provides a framework for the conduct of hearings before Ontario’s administrative tribunals and applies to the proceedings of the SBT.

The SBT hears and decides appeals by people who have been refused social assistance and people who disagree with a decision that affects the amount of, or their eligibility for, social assistance. Because of the sensitive personal information involved in these cases, legislation requires that all hearings be held in private.

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Rules and Practice Directions

There are two parts to the SBT Rules of Procedure . Part I are the Common Rules and Part II are the SBT-specific Rules. Both parts should be read together.

If you are representing yourself at the SBT, it is your responsibility to be familiar with the Common Rules and the SBT Rules of Procedure.

Practice Directions have been developed to provide guidance about what SBT expects of the parties and what you can expect in return. They are:

• Practice Direction on Representation
• Practice Direction on Litigation Guardians
• Practice Direction on Interim Assistance
• Practice Direction on Reconsideration Requests
• Practice Direction on Electronic Hearings
• Practice Direction on Rescheduling of Hearings and Adjournments
• Practice Direction on Early Resolution Opportunities
• Practice Direction on Human Rights Issue or Challenge
• Practice Direction on Recording Proceedings
• Practice Direction on Pre-Hearing Conferences
• Practice Direction on Communicating with the Social Benefits Tribunal

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Decisions

For information about decisions, including what to do if you disagree with your SBT decision, see the after your hearing page.

To read past SBT decisions, search the Canadian Legal Information Institute (CanLII).