9.8. Non-Compliance

POLICY

Authority OW Act: Sec. 7(3) and 39(2) & OW Directives: 9.1     

A member of the benefit unit may be found to be non-compliant if they:

• fail or refuse to participate in employment assistance activities;
• fail to accept or maintain employment;
• have an unapproved absence from Ontario; and/or
• fail to comply with other eligibility criteria as required. 

A determination of non-compliance must give consideration to the reasonableness of the applicant’s or recipient’s actions in light of their specific circumstances.
 

PROCEDURE

When a member of the benefit unit fails or refuses to participate in several employment assistance activities, the Case Manager will complete an Employment Activity Review. The purpose of this review is to meet with the individual participant, discuss their individual employment goals and determine the reasons for their inability to meet the requirements they have agreed to on their Participation Agreement. 

The Employment Activity Review form allows the Case Manager to document the following: 

• Activity not attended
• Date
• Date activity was scheduled
• Reason client did not attend
• Was the activity on the Participation Agreement?
• Date of Participation Agreement
• If notes were made in SDMT regarding the situation 

The Case Manager will complete this form with the client present and discuss the situations relating to non-compliance. The client will have one more opportunity to participate in an employment activity agreed upon by the client and the Case Manager before he/she is made non-compliant. The participant and the Case Manager will sign the Employment Activity Review Form and notes will be made in SDMT.

In situations where the participant fails to meet the agreed upon activity listed on the Employment Activity Review form, a decision of non-compliance may be made with the approval of Ontario Works Supervisor.