Ministry of Children, Community and Social Services
Social Assistance Programs Division
2 Bloor St. W, 25th Floor
Toronto ON M7A 1E9
August 13, 2026
MEMORANDUM TO: Commissioners and Chief Administrative Officers of all
Consolidated Municipal Service Managers and District Social
Services Administration Boards
FROM: Sharareh Kamali
Director, Social Assistance Program Policy Branch
SUBJECT: Social Assistance Eligibility and Immigration Status
As announced on August 13, 2026, the Ministry has amended regulations to clarify who is eligible for Ontario Works and the Ontario Disability Support Program (ODSP). These regulatory amendments support consistent administration and strengthen the integrity of Ontario’s social assistance system.
To support consistent service delivery, the ministry is providing updated direction on current service delivery expectations for applicants and recipients who do not have authorization to remains in Canada, and applicants and recipients with temporary immigration status, to ensure they receive timely, consistent, and appropriate support.
Regulatory Clarifications
The ministry has amended Section 6 of O. Reg. 134/98 under the Ontario Works Act, 1997 and Section 8 of O. Reg. 222/98 under the Ontario Disability Support Program Act, 1997.
The amendments:
- Clarify existing policy around program eligibility, which states that individuals without authorization to remain in Canada are not eligible for Ontario Works or ODSP.
- Remove ambiguous terms such as “visitors” and “tourists,” and clarify that individuals authorized to remain in Canada on a temporary basis are not eligible for social assistance.
- Remove the existing eligibility exception for individuals subject to a removal order who are unable to leave Canada for reasons wholly beyond their control. This does not include those where the removal order has been stayed, or the individual has made an application to stay in Canada on the basis of humanitarian and compassionate considerations under the federal Immigration and Refugee Protection Act.
These amendments are effective as of August 13, 2026. The amending regulations are available under regulations as filed on e-laws as:
- O. Reg. 276/26 (Ontario Works)
- O. Reg. 277/26 (ODSP)
Service Delivery Approach
Ontario Works Administrators should continue to follow their existing local processes for individuals who are ineligible for social assistance, including helping individuals make informed decisions and provide referrals to appropriate community supports and other local support services.
Thank you for your continued partnership and commitment to strengthening consistency, program integrity, and the applicant experience. Should you have any questions please do not hesitate to contact us.
Sincerely,
Sharareh Kamali
Director, Social Assistance Program Policy Branch
c.
Ontario Works Administrators
Social Assistance Program Division Directors
First Nations Ontario Works Administrators
Clinic Resource Office
Ombudsman