Regulation - LGIC

Proposed Regulatory Amendment to Expand the Eligibility Criteria for Grants for Persons with Disabilities

Regulation Number(s):
Ontario Regulation 367/94 – Grants for Persons with Disabilities
Instrument Type:
Regulation - LGIC
Bill or Act:
Ministry of Community and Social Services Act
Summary of Decision:
on hold pending further consideration
Analysis of Regulatory Impact:
on hold pending further consideration
Further Information:
Proposal Number:
Posting Date:
February 24, 2017
Summary of Proposal:
The Self-Managed Attendant Services - Direct Funding Program (Program) is designed for adults with physical disabilities who require assistance with routine activities of daily living. The Program is established under subsection 11.1 (2) of the Ministry of Community and Social Services Act (MCSSA). The province-wide Program is administered by the Centre for Independent Living Toronto (CILT) and funded by the Ministry of Health and Long-Term Care (the ministry) through the Toronto Central Local Health Integration Network (LHIN). CILT provides funding to eligible individuals to purchase their own attendant care services. In this circumstance, the individual assumes the role of employer, including managing payroll, hiring, training, and dismissal.

Ontario Regulation 367/94 under the MCSSA sets out the eligibility criteria for the Program. To be eligible a person must, amongst other criteria, be at least sixteen years old and require attendant services as a result of a permanent physical disability. In addition, the person must understand the nature of the disability, be aware of the scope of services required and be capable of arranging and directing his or her own services and managing the funding. The ministry is proposing an amendment that would ensure that persons who do not meet these criteria are eligible if their substitute decision-maker meets them.

The proposed amendment would be consistent with section 11.1 of the MCSSA which allows for the grant to be transferred to or on behalf a person and would align with the ministry's Patients First strategy. On December 7, 2016, the Patients First Act, 2016 (Bill 41) was passed by the Ontario legislature. The Patients First strategy provides Ontario's 14 LHINs with an expanded mandate, including the responsibility for home and community care service delivery. The Patients First Act, 2016 will help patients and their families obtain better access to a more local and integrated health care system, improve the patient experience and deliver higher-quality care.

It is anticipated that the proposed amendment would enable more adults with physical disabilities to benefit from the Program. It would also enable more patients and their families greater control over how care is provided and the selection of providers, and would result in more patients and their families receiving higher-quality care, improved continuity of care, improved patient health outcomes and improved patient and family satisfaction.

Contact Address:
Home and Community Care Branch, 1075 Bay Street, 10th Floor, Toronto, ON M5S 2B1
Effective Date:
January 1, 2018