| Ontario Works | Effective Date: July 1, 2009 |
| Topic: Benefits/Discretionary Benefits | Replaces: November 1, 2004 |
| Subject: Payment of SBT Witnesses | Policy No. H.7B.20. |
Authority OW Act: Sec. 2, 5 and 10 & OW Directives: Dir. 7.7
When the Case Presenting Officer (CPO) must present a case to the Social Benefits Tribunal as the result of an appeal by a client, the CPO submits a written submission to the Chair of the Tribunal and, just prior to the actual hearing, must also submit a list of witnesses who will be called on to testify for the Manitoulin-Sudbury DSSAB.
Those witnesses are paid for their time and travel by the Manitoulin-Sudbury DSB in the amount of $53.00, whether they are called upon or not in the course of the hearing. This is not intended to be an inducement to testify, but rather a nominal reimbursement for any expenses they may incur as a result of appearing for the Manitoulin-Sudbury DSB.
Manitoulin-Sudbury DSB’s staff who testify do not receive this payment as testifying is considered part of their normal job function.
The CPO faxes a list of witnesses’ names and addresses to the SBT asking them to issue subpoenas in each name to be faxed back to the CPO
The CPO copies the list of witnesses and completes a discretionary benefit form for each SBT witness. The cheque(s) will be released on the day of the hearing to the CPO who will sign a release form. The CPO will ensure that the witnesses also sign a release form to show that they have received their payment.
The CPO hand delivers (wherever possible) the subpoena, the cheque, and a copy of the witness’ original statement to the witness, explaining how the hearing will proceed and ensuring the witness has the details of the hearing correct, i.e. date, time, location. Satellite office staff may be asked to do this in some remote areas.