Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
Social Assistance
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COVID-19 update:
The Ontario government has announced changes to the administration of social assistance in response to COVID-19. Notably:
- payments will not be suspended because of a failure to report income.
- expiry dates on special diet allowance, pregnancy-breastfeeding nutritional allowance and medical special necessities benefits, and pay direct arrangements, will be automatically extended.
- access to Emergency Assistance for new applicants is expanded.
- current recipients can access expanded discretionary benefits.
- eligibility Verification Process reviews are on hold.
- recipients who are facing a Disability Determination Package (DDP) or Medical Review Package (MRP) deadline and can’t see their health care providers should call the Disability Adjudication Unit (DAU) to request and extension at 1-888-256-6758.
The details for Ontario Works (OW):
Recipients will continue to receive their monthly payments (via direct bank deposit, payment cards or mailed cheques).
Applications for Ontario Works financial assistance will continue online and through the City’s Applications and Support Centre from Monday to Friday between 8:30 a.m. and 5:00 p.m. The Applications and Support Centre will be accessible by phone only: 416-338-8888 or 1-888-465-4478 (toll free).
All client contact will be provided by telephone. Only on exceptional circumstances will clients be seen in-person.
The following activities will be suspended or cancelled:
- All service planning appointments with caseworkers (non-emergency appointment will be rescheduled for a later date)
- New applications for Fair Pass Transit Discount Program
- Replacement T5 requests
- Applications for Emergency Energy Fund (EEF)
The details for the Ontario Disability Supoprt Program (ODSP)
As part of the government’s response to COVID-19, the Ministry of Children, Community and Social Services (MCCSS) is reviewing access to and eligibility for emergency assistance that is currently available through the Ontario Works program. You can apply online or contact your local Ontario Works office. A simplified application form should be available soon.
All automated suspensions for OW and ODSP cases for income reporting and file verifications in SAMS are being lifted and First Nation Administrators not using SAMS are being instructed not to apply suspensions
Immigration: IRCC has cancelled all refugee claim appointments during this period of Emergency Measures – any clients awaiting appointments and subsequent eligibility interviews with MCCSS should not be suspended during the period of delay
- Clients should not be required to provide original documents or wet signatures at this time, but are to be notified that the documents will need to be provided at a later date
- Applications can be initiated over the phone or online – verification will be deferred and “risk managed”, and documents may be requested at a later date – MCCSS is assessing whether documentation may be sent by e-mail as an interim alternative
Participation
- Participation in employment assistance activities and participation agreement updates are not being required – initial participation agreements should be completed without activities with a 60-day review – no clients should be referred from ODSP to Employment Supports or to OW for participation in employment activities
New ODSP applications and medical reviews
- Clients who cannot get their DDP completed and are not currently on OW should be directed to OW for financial / emergency assistance.
Special Diet Allowance (SDA), Pregnancy-Breastfeeding Nutritional Allowance (PBNA) and Mandatory Special Necessities (MSN) benefits
- New applicants can self-declare that they are pregnant or breast-feeding, or have an application form completed by a midwife, in order to obtain a nutritional allowance, without the need for further verification by a health provider at this time – further direction will be coming soon on how to deal with new SDA and MSN requests.
Ontario Works & ODSP
In Ontario there are two basic types of social assistance (welfare): Ontario Works (OW) and Ontario Disability Support Program (ODSP). OW provides income and employment assistance to people in temporary financial need while ODSP provides income and employment assistance to eligible people with disabilities.
There are two parts to welfare: shelter allowance and personal needs (or living) allowance. If you are living in a shelter, you will only get the personal needs allowance.
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Applying for OW and ODSP
For Ontario Works (OW), you can apply by telephone, online or in person: http://www.mcss.gov.on.ca/en/mcss/programs/social/ow/apply.aspx
For the Ontario Disability Support Program (ODSP), you can apply by telephone, online or in person at your local Ministry of Community and Social Services office: http://www.mcss.gov.on.ca/en/mcss/programs/social/odsp/income_support/part_one.aspx
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18 & Older
If you are 18 or older, you have a right to apply for social assistance, and should insist on proceeding with the application process even if the intake worker says you will not qualify. If they will not let you apply, tell them right away that you do not agree.
OW workers are not allowed to refuse to take your application. If you do not apply, then you cannot appeal the decision to say that you were wrongfully denied social assistance.
If a person applying recently held employment and quit their job without reasonable grounds, or was fired with cause, they may still apply for social assistance but may be subject to a three month or six month waiting period penalty.
You may qualify for ODSP if:
- you have physical or mental health problems which affect your ability to work or function within the community; OR
- you have physical or mental health problems which affect your ability to care for yourself; AND
- this problem will likely last longer than one year.
You may also qualify if you live in a psychiatric or developmental institution or housing. In the short term, if you need funds, you can apply for OW while you undergo the ODSP application process.
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16 & 17 Year-Olds
OW
If you are 16 or 17 you may qualify for OW if you have special circumstances. For example, if you did not leave home voluntarily because you were told to leave without a good reason or were abused, then you may qualify for assistance. You must be registered in school full-time and follow other rules in order to be eligible. You may also qualify if you have a child living with you.
You should ask a school counsellor or social worker to write a letter to the welfare worker explaining that you are on your own and in need of assistance and that despite what your parents say, it is not appropriate for you to return home. You should insist on making the application even if the intake worker says that you are not eligible or do not qualify. Get the help of a housing worker or counsellor, or call JFCY for assistance.
Your OW case manager may phone your parents and ask them if you can return home. Just because your parent says that you can return home does not mean that you must do so, or that you will not be eligible for OW. If you are in danger if your parents found out where you were, the OW worker may use discretion to not contact your parents.
ODSP
You are only eligible for employment support through ODSP (not income support).
For more information, see the “Child Support & Social Assistance” wiki sub-section under the main “Leaving Home” wiki section.
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Can I Appeal if my Application is Denied?
If you are turned down for either OW or ODSP, you should receive written notification within 30 days of your request. You have 30 days from the date of getting the notification to tell them in writing that you disagree. The office will then conduct an internal review. If they turn you down again, they must notify you in writing. You then have 30 days to ask for an appeal.
If you are turned down, contact your local community legal clinic immediately.
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Can I work while on OW or ODSP?
You may be able to work while you are on OW or ODSP subject to strict rules. You should speak to your worker or a legal clinic to find out how much you can make and what effect working will have on your eligibility.
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Youth Criminal Justice
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
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Education
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
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Leaving Home
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
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Health & Mental Health
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
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Discrimination and LGBTQI2S Rights
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
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Provincial Offences
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
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Family: Discipline, Children's Aid Societies, Parenting and Contact Orders
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
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Immigration & Refugee
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
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Homeless Youth Over 18
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.
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Warrants
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Criminal Court
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Adult Records
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Record Suspensions
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Victims of Crime
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Evidence
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Small Claims Court
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Social Assistance
Close-
COVID-19 update:
The Ontario government has announced changes to the administration of social assistance in response to COVID-19. Notably:
- payments will not be suspended because of a failure to report income.
- expiry dates on special diet allowance, pregnancy-breastfeeding nutritional allowance and medical special necessities benefits, and pay direct arrangements, will be automatically extended.
- access to Emergency Assistance for new applicants is expanded.
- current recipients can access expanded discretionary benefits.
- eligibility Verification Process reviews are on hold.
- recipients who are facing a Disability Determination Package (DDP) or Medical Review Package (MRP) deadline and can’t see their health care providers should call the Disability Adjudication Unit (DAU) to request and extension at 1-888-256-6758.
The details for Ontario Works (OW):
Recipients will continue to receive their monthly payments (via direct bank deposit, payment cards or mailed cheques).
Applications for Ontario Works financial assistance will continue online and through the City’s Applications and Support Centre from Monday to Friday between 8:30 a.m. and 5:00 p.m. The Applications and Support Centre will be accessible by phone only: 416-338-8888 or 1-888-465-4478 (toll free).
All client contact will be provided by telephone. Only on exceptional circumstances will clients be seen in-person.
The following activities will be suspended or cancelled:
- All service planning appointments with caseworkers (non-emergency appointment will be rescheduled for a later date)
- New applications for Fair Pass Transit Discount Program
- Replacement T5 requests
- Applications for Emergency Energy Fund (EEF)
The details for the Ontario Disability Supoprt Program (ODSP)
As part of the government’s response to COVID-19, the Ministry of Children, Community and Social Services (MCCSS) is reviewing access to and eligibility for emergency assistance that is currently available through the Ontario Works program. You can apply online or contact your local Ontario Works office. A simplified application form should be available soon.
All automated suspensions for OW and ODSP cases for income reporting and file verifications in SAMS are being lifted and First Nation Administrators not using SAMS are being instructed not to apply suspensions
Immigration: IRCC has cancelled all refugee claim appointments during this period of Emergency Measures – any clients awaiting appointments and subsequent eligibility interviews with MCCSS should not be suspended during the period of delay
- Clients should not be required to provide original documents or wet signatures at this time, but are to be notified that the documents will need to be provided at a later date
- Applications can be initiated over the phone or online – verification will be deferred and “risk managed”, and documents may be requested at a later date – MCCSS is assessing whether documentation may be sent by e-mail as an interim alternative
Participation
- Participation in employment assistance activities and participation agreement updates are not being required – initial participation agreements should be completed without activities with a 60-day review – no clients should be referred from ODSP to Employment Supports or to OW for participation in employment activities
New ODSP applications and medical reviews
- Clients who cannot get their DDP completed and are not currently on OW should be directed to OW for financial / emergency assistance.
Special Diet Allowance (SDA), Pregnancy-Breastfeeding Nutritional Allowance (PBNA) and Mandatory Special Necessities (MSN) benefits
- New applicants can self-declare that they are pregnant or breast-feeding, or have an application form completed by a midwife, in order to obtain a nutritional allowance, without the need for further verification by a health provider at this time – further direction will be coming soon on how to deal with new SDA and MSN requests.
Ontario Works & ODSP
In Ontario there are two basic types of social assistance (welfare): Ontario Works (OW) and Ontario Disability Support Program (ODSP). OW provides income and employment assistance to people in temporary financial need while ODSP provides income and employment assistance to eligible people with disabilities.
There are two parts to welfare: shelter allowance and personal needs (or living) allowance. If you are living in a shelter, you will only get the personal needs allowance.
-
Applying for OW and ODSP
For Ontario Works (OW), you can apply by telephone, online or in person: http://www.mcss.gov.on.ca/en/mcss/programs/social/ow/apply.aspx
For the Ontario Disability Support Program (ODSP), you can apply by telephone, online or in person at your local Ministry of Community and Social Services office: http://www.mcss.gov.on.ca/en/mcss/programs/social/odsp/income_support/part_one.aspx
-
18 & Older
If you are 18 or older, you have a right to apply for social assistance, and should insist on proceeding with the application process even if the intake worker says you will not qualify. If they will not let you apply, tell them right away that you do not agree.
OW workers are not allowed to refuse to take your application. If you do not apply, then you cannot appeal the decision to say that you were wrongfully denied social assistance.
If a person applying recently held employment and quit their job without reasonable grounds, or was fired with cause, they may still apply for social assistance but may be subject to a three month or six month waiting period penalty.
You may qualify for ODSP if:
- you have physical or mental health problems which affect your ability to work or function within the community; OR
- you have physical or mental health problems which affect your ability to care for yourself; AND
- this problem will likely last longer than one year.
You may also qualify if you live in a psychiatric or developmental institution or housing. In the short term, if you need funds, you can apply for OW while you undergo the ODSP application process.
-
16 & 17 Year-Olds
OW
If you are 16 or 17 you may qualify for OW if you have special circumstances. For example, if you did not leave home voluntarily because you were told to leave without a good reason or were abused, then you may qualify for assistance. You must be registered in school full-time and follow other rules in order to be eligible. You may also qualify if you have a child living with you.
You should ask a school counsellor or social worker to write a letter to the welfare worker explaining that you are on your own and in need of assistance and that despite what your parents say, it is not appropriate for you to return home. You should insist on making the application even if the intake worker says that you are not eligible or do not qualify. Get the help of a housing worker or counsellor, or call JFCY for assistance.
Your OW case manager may phone your parents and ask them if you can return home. Just because your parent says that you can return home does not mean that you must do so, or that you will not be eligible for OW. If you are in danger if your parents found out where you were, the OW worker may use discretion to not contact your parents.
ODSP
You are only eligible for employment support through ODSP (not income support).
For more information, see the “Child Support & Social Assistance” wiki sub-section under the main “Leaving Home” wiki section.
-
Can I Appeal if my Application is Denied?
If you are turned down for either OW or ODSP, you should receive written notification within 30 days of your request. You have 30 days from the date of getting the notification to tell them in writing that you disagree. The office will then conduct an internal review. If they turn you down again, they must notify you in writing. You then have 30 days to ask for an appeal.
If you are turned down, contact your local community legal clinic immediately.
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Can I work while on OW or ODSP?
You may be able to work while you are on OW or ODSP subject to strict rules. You should speak to your worker or a legal clinic to find out how much you can make and what effect working will have on your eligibility.
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Mental Health
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Legal Help
Open
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