• Having a valid work permit under the Government of Canada’s “Live-in Caregiver
Program”.
• Being a child born out of country to a mother who is receiving approved insured services
outside of Ontario, if at the time the mother left Ontario she was pregnant with that child.367
The second prerequisite that a person’s “primary place of residence” is in Ontario, means:
“[t]he place with which a person has the greatest connection in terms of present and
anticipated future living arrangements, the activities of daily living, family connections,
financial connections and social connections, and for greater certainty a person only has one
primary place of residence, no matter how many dwelling places he or she may have, inside
or outside Ontario.”368
To be recognized as a resident of Ontario, the person must be physically present in Ontario for
153 days in any 12-month period,369 and be physically present in Ontario for at least 153 days of
the first 183 days immediately after establishing residency in the province. 370 If none of the
above conditions were met to be eligible for OHIP, an individual would require private health
insurance at personal expense.
Ontario Welfare & Disability Assistance
In Ontario, welfare is known as Ontario Works. In order to be eligible for Ontario Works, the
person must be 18 years of age,371 be resident in Ontario, have their budgetary requirements
exceed their income and assets, and provide the appropriate personal identification.372
Furthermore, rather than identify who is eligible for Ontario Works, the Ontario Works
Regulations identifies persons who are ineligible, and then provides exceptions to those who are
ineligible. The Regulations state that persons who are ineligible include:
• Persons against whom a deportation, a departure order, or an exclusion order the IRPA has
become effective, unless
o For reasons wholly beyond the control of the person, the person is unable to leave the
country; or
o The person has made an application for status as a permanent resident on the basis of
humanitarian or compassionate considerations under the IRPA
• Persons against whom a removal order has become enforceable, unless
o For reasons wholly beyond the control of the person, the person is unable to leave the
country; or
o The person has made an application for status as a permanent resident status on the
basis of humanitarian or compassionate considerations under the IRPA
• A person who is a visitor, unless
o The person has made a claim for refugee protection, or
Ibid., at s. 1.4.
Ibid., at s. 1(1).
369
Ibid., at s. 1.6(3).
370
Ibid., at s. 1.5(1).
371
General, O Reg 134/98, available at: http://canlii.ca/t/52dpr [Ontario Works Regulations]
372
Ontario Works Act, 1997, SO 1997, c 25, Sch A, available at: http://canlii.ca/t/51wtc.
367
368
77
77
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