Sanctions

Effective: September 1, 2024

Periods of ineligibility or rate reductions may be applied for any of the following reasons:

• failure to provide information or verification [see Policy – Table: Information or Verification Related Sanctions]
• a recipient does not participate in the completion of a client needs assessment, enter into an employability plan, or comply with the conditions of an employability plan [see Policy – Table: Employment-Related Sanctions]
• not accepting income or assets or disposing of assets [see Policy – Table: Income or Asset Related Sanctions]
• failure to comply with the requirement to attend eligibility audit or complete an HR0080R

When applying sanctions, the ministry has the discretion to not apply a sanction if there are mitigating circumstances or when the non-compliance is a one-time occurrence. Sanctions are not to be applied if non-compliance is beyond the client’s control.  For example, sanctions are not appropriate for an income assistance recipient with a severe mental health condition who is unable to comply with the conditions in their employability plan.

Failure to Verify or Provide Information 

If an applicant or recipient fails to provide information or verify information the ministry may declare the family unit ineligible for assistance until the applicant or recipient complies. 

If a family unit is homeless or is at imminent risk of homelessness and fails to provide or verify information under Section 10, the family unit must remain eligible for assistance despite that non-compliance, but the ministry may reduce the income assistance, disability assistance or hardship assistance of the family unit. [See below: Guidelines for Determining an Imminent Risk of Becoming Homeless.]

Table: Information or Verification Related Sanctions

Types of Sanctions	Consequence	Period of Time
Section 10 of the Employment and Assistance Act (EA Act) and Employment and Assistance for Persons with Disabilities Act (EAPWD Act) - Failure to provide requested information	The Minister may apply ineligibility on the family unit or reduce the family unit’s assistance by $25 per month If a family unit is not compliant with Section 10 but is experiencing homelessness or is at imminent risk of homelessness, the family unit must remain eligible for assistance despite that non-compliance. See below: Guidelines for Determining an Imminent Risk of Becoming Homeless.	Until compliant
Section 11 of the EA Act and EAPWD Act -  Failure to complete or submit a monthly report, or to report changes in circumstances or complete HR0080R	The family unit is ineligible	Until compliant
Section 34 of the EA Regulation and Section 30 of the EAPWD Regulation - Failure to attend eligibility audit or complete HR0080R	The family unit may be ineligible	Until compliant

Guidelines for Applying a Sanction for Non-compliance with a Request for Information or Verification

Before applying a sanction, the ministry must consider the following:

• there is a reasonable basis to believe the information and/or documentation exists at the time of the request;
• the information and/or documentation is accessible by the applicant or recipient;
• the applicant or recipient is clearly informed of the information and/or documentation required;
• the applicant or recipient is given information on how to provide the information and/or documentation to the ministry;
• the applicant or recipient is provided the reason(s) why the information and/or documentation is required;
• the applicant or recipient is given a reasonable timeframe to meet the request

If a family unit is homeless or at imminent risk of becoming homeless, ministry staff may reduce assistance by $25 per calendar month as an alternative to making the family unit ineligible for assistance due to non-compliance with a request for information or verification.

Only one reduction of $25 per calendar month can be applied to a recipient’s assistance at any time for this reason, and only one reduction can be applied per family unit.

Guidelines for Determining an Imminent Risk of Becoming Homeless

Ministry staff must consider the recipient’s ability to stay housed or pay for their shelter costs and other essential items such as medical equipment, utility costs and food.

Factors to consider when assessing a recipient’s ability to stay housed may include the following situations:

• Homeless or is being housed or living in temporary accommodation (e.g. staying in a guest room), inadequate accommodation (e.g. discontinued utilities), time-limited accommodation (e.g. transition housing)
• Imminent risk of losing shelter (no other resources to pay for shelter costs) or accommodation where the tenancy will be or is terminated within three months (e.g. eviction notice)
• Requires a crisis supplement (for shelter)

Factors to consider when assessing a recipient’s ability to pay for shelter and other essential items may include the following: 

• Inability to pay for their shelter costs
• Frequent use of crisis supplements (including crisis for essential utilities and crisis for food)
• Expenses exceed their assistance amounts
• Limited financial resources (e.g. employment income) from other sources of income.

Ministry staff must assess each situation on an individual basis and the family unit’s needs are taken into consideration.

Employment-Related Sanctions

If a recipient does not participate in a client needs assessment, enter into an employability plan, or comply with the conditions in an employability plan, the ministry may reduce their assistance by $50 per month. If the family unit does not include children, after six months of imposing the $50 per month assistance reduction, the ministry may declare the recipient ineligible for assistance. The ineligibility applies to the recipient, not the family unit, so if there is a spouse, they continue to be eligible.   

If a recipient is homeless or at imminent risk of homelessness, no employment-related sanctions are applied. See above: Guidelines for Determining an Imminent Risk of Becoming Homeless.

Table: Employment-Related Sanctions

Types of Sanctions	Consequence	Period of Time
A recipient does not participate in a client needs assessment, enter into an employability plan, or comply with the conditions in an employability plan, when required to do so by the minister	Family Units With Children $50 per month assistance reduction per recipient Family Units Without Children $50 per month assistance reduction per recipient If the assistance reduction is imposed for at least 6 consecutive months for the same recipient and circumstance, the ministry may declare the recipient ineligible for assistance. The ineligibility applies to the recipient, not the family unit, so if there is a spouse, they continue to be eligible.	Until compliant. If the recipient becomes unable to comply or begins to comply, the consequence would end. [See below: Sanctions for Employability-Related Obligations] Consequences only apply to employment obligated recipients. Consequences do not apply to applicants, disability assistance recipients, or dependent youth.  Consequences do not apply if a recipient is homeless or at imminent risk of homelessness. [See below: Guidelines for Determining an Imminent Risk of Becoming Homeless.]

Sanctions for Employability-Related Obligations:

If a recipient does not participate in a client needs assessment, enter into an employability plan, or comply with conditions in an employability plan when required to do so by the minister, a consequence may be applied.

Before applying a $50 assistance reduction or determining a recipient ineligible, the ministry must consider the recipient’s ability to meet the employability-related obligation(s) and whether any consequence exemption applies.

Consequences will be applied if someone refuses to comply but not if they are unable. The ministry will consider whether refusing to comply indicates a potential barrier to employment, such as a mental health condition. The ministry will also consider whether applying the sanction is consistent with the ministry’s values and the intent of the legislation to move people toward employment.

Before applying a consequence, the ministry must consider whether the recipient might be exempt from consequences. [See Policy – Temporarily Exempting or Suspending an Employability Plan. See also Related Links – Determining Clients with No Employability-Related Obligations].  

If a recipient is determined to be able to participate but refusing to comply, then a consequence will be applied.

If a consequence is applied and the recipient becomes unable to participate or begins to participate, the consequence would end. [See Sanction Amounts below.] At a minimum, the ministry will reassess the recipient’s employability-related obligations and consequences after a consequence is imposed for six months. 

[For more information on Employability Plan Sanctions, see Related Links – Employability Plan – Employability Plan Standards. 

Table: Income or Asset Related Sanctions

Types of Sanctions	Consequence	Period of Time
Failure to pursue or accept income or assets or other means of support that are still available	The minister may apply ineligibility	Until income, assets or other means of support are accepted or pursued
If income, assets or other means of support are no longer available	The minister may apply ineligibility for singles or couples without dependent children $100 per month rate reduction for one parent families $200 per month rate reduction for two-parent families	One calendar month for each $2,000 of the value of the foregone income, asset or other means of support
Disposal of property for inadequate consideration (less than the actual or market value)	The minister may apply ineligibility for singles or couples without dependent children $100 per month rate reduction for one parent families $200 per month rate reduction for two-parent families	One calendar month for each $2,000 of the value of the foregone income, asset or other means of support
Disposal of property to reduce assets (intentionally disposed of to reduce assets)	The family unit is ineligible	Two calendar months for each $2,000 of the foregone asset, or other means of support

Effective: September 1, 2024

Applicable sanctions that apply to the same period of time are deemed to have occurred concurrently. 

If assistance is subject to a reduction for more than one reason or on account of more than one person, the reduction of assistance is cumulative and must be reduced for each reason and for each person.

Case Example 1: Two sanctions of ineligibility applicable to a couple without dependent children

If one recipient is determined ineligible and the spouse is also ineligible for for the same or some other reason, the family unit is ineligible.

Case Example 2: Two reduction sanctions applicable for the same period

If one recipient in a family unit has a $50 reduction applied for six months, and the recipient's spouse has $50 reduction applied for the same six months, the family unit's assistance is reduced by $100/month for the six months ($50 + $50). If one of the recipients becomes unable to participate or begins to participate, their consequence would end before six months, and the other recipient’s $50/month sanction would continue.  See Sanction Amounts below.

Case Example 3: Sanction of ineligibility and reduction

If a family unit is ineligible for assistance for a period of time and is also subject to rate reductions for the same time period, the ineligibility is applied and the rate reduction is deemed to have occurred for that period.

The family unit has a six-month reduction for period of January to June and three-month ineligibility for period January to March is applied:

Month	Consequence
January	1st month of ineligibility
February	2nd month of ineligibility
March	3rd month of ineligibility
April	Rate reduction
May	Rate reduction
June	Rate reduction
July	Full Assistance (sanction period ends)

Effective: January 1, 2020

Sanctions are applied from the date non-compliance is determined and continue until the sanction time has elapsed or, for sanctions related to employment and failure to provide information or verification, until the client complies. 

Effective: September 30, 2006

Sanction amounts are not prorated within any month and are applied for an entire assistance month.

Sanctions are based on the individual's situation at any given time and may change from ineligibility to a rate reduction, or vice versa, if the family unit composition changes.

Case Example: A single person ineligible for assistance for two months due to not participating in a client needs assessment, becomes a family unit consisting of two adults with dependent children.  A $50 per month assistance reduction is now applied to the family unit (one adult has been sanctioned and the other has no sanctions).

If the person with the sanction leaves the family unit prior to the sanction ending, that person will be ineligible for assistance and the remaining family unit will become eligible for full assistance.

Effective: January 1, 2020

Failure to Provide Requested Information 

When a recipient is non-compliant with a request for information or verification of information, staff will assess if they may be subject to a reduction or discontinuation of assistance, according to the policy.

• If the decision is to reduce assistance, add the applicable sanction to the key player on the case.
• If the decision is to discontinue assistance, cheque production will be turned off. Ministry staff will notify the recipient of the decision and of their right to reconsideration.

Effective: January 1, 2020

When a recipient is required to complete an HR0080R (EA/EAPWD Review) form to provide or update their declaration and consent, or to add a spouse to the case, and does not comply, the family unit ceases to be eligible for assistance. Cheque production will be turned off and the recipient will be notified of the decision and of their right to reconsideration.

Failure to Submit a Monthly Report 

If a recipient of income assistance fails to submit the Monthly Report the cheque will automatically be set as "No Stub," and the recipient must complete the Monthly Report before receiving further assistance. This does not apply to persons with persistent multiple barriers (PPMB) to employment, recipients residing in special care facilities, and disability assistance recipients because they are only required to submit a completed Monthly Report for specific circumstances, not each month. See Monthly Reporting Requirements. 

Effective: August 1, 2015

For details regarding the consequences of a conviction under the Criminal Code, the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, see Related Links – Recoveries.

Effective: January 1, 2020

Supervisors are responsible for reviewing and approving all sanction decisions that could result in ineligibility.

Only Ministry Investigators can apply sanctions for fraud convictions.