Be the first person to prove the ODSP Act does not
violate the Charter and the Code and I'll pay you $1,000.00. To prove me
wrong you must clearly explain how the ODSP Act 1997 fully complies with
the Charter and the Code.
Letters from
Queens' Park
December 11, 2002
Mr. Dave Thomasson
Box 607 Winchester, Ontario
KOC 2KO
Dear Mr. Thomasson:
My colleague John Cleary, your MPP, has kindly provided me with a copy
of your letter outlining your concerns about the Ontario Disability
Support Program. Please accept my sincere apologies for the delay in
responding to you. Due to the tremendous amount of mail I receive, I’m
not always able to reply as quickly as I would like.
I was saddened to learn of the problems you’ve encountered and I empathize.
Like you, many Ontarians are deeply frustrated with the Tories’ divisive
policies, policies that have hurt some of our most vulnerable citizens.
Their drastic cuts and mismanagement have created chaos within many
vital areas of our province. Not only will my team and I continue to
vigorously oppose the government’s harmful policies: we will continue
to put forth positive alternatives.
There’s no question that the PC government has failed miserably in
living up to its responsibilities to Ontario’s 1.5 million disabled
citizens. For one it has failed to truly deliver on a seven-and-a-half-year-old
promise to enact a meaningful Ontarians with Disabilities Act. Further,
under the Ontario Disability Support Program, the Tories have weakened
much-needed income support for many people with disabilities. The escalating
housing crisis of the last seven and a half years has only served to
make the situation worse.
I agree that discrimination against persons with disabilities is totally
unacceptable. Rest assured that my team and I will do our utmost to
ensure they are treated with the respect they deserve. We believe that
all our citizens, including the disabled, must be given the opportunity
to participate fully in our society.
Mr. Thomasson , thanks again for making me aware of your situation
and for sharing your views with me. I value your input and welcome it
on any future issue of provincial concern. I wish you all the best.
Yours truly
Dalton McGuinty
Leader of the Official Opposition
Leader of the Ontario Liberal Party
cc. John Cleary MPP
April 17, 2003
Dear Jim:
Jim Bronwell MPP
Thanks very much for your letter and the enclosed material on behalf
of Mr. Dave Thomasson, who resides in your riding. As always, it was
good to hear from you. I apologize for being unable to respond sooner
due to a tremendous influx of mail.
Jim, I appreciate your giving me further insight into the case involving
your future constituent. I empathize with him wholeheartedly. Like Mr.
Thomasson, disabled Ontarians province-wide deserve every opportunity
to participate fully in our society and enjoy the best possible quality
of life.
Unfortunately, Mr. Thomasson’s situation is yet another example of
this government’s cavalier attitude toward our disabled citizens. It
also clearly demonstrates where improvements are desperately needed.
I look forward to the day in the near future when you and I, along with
our fellow caucus members, can implement positive change as the government.
I am proud of the commitments the Ontario Liberals have made with respect
to the disabled community. You may know that I just recently sent an
open letter to David Lepofsky of the Ontarians with Disabilities Act
Committee outlining those commitments (copy attached). In addition to
enacting a strong and effective Ontarians With Disabilities Act, we
will ensure a long-overdue cost of living increase for participants
in the Ontario Disability Support Program.
Rest assured that I will take Mr. Thomasson’s case under advisement.
I have also forwarded a copy of your letter to Ernie Parsons for his
consideration. As the government, we will do our utmost to ensure that
all Ontarians with disabilities have the opportunity for full, self-sufficient
lives. They deserve nothing less.
Jim, thanks again for writing. All the best in these hectic times!
Yours truly,
Dalton McGuinty, MPP
Leader of the Official Opposition
Leader of the Ontario Liberal Party
April 2, 2001
Dear Mr. Thomasson:
Thank you for your letters of February 20 and March 24, 2001 concerning
the Regulations and Legislation for individuals with a business and farmers
who are in receipt of the Ontario Disability Support Program (ODSP). While
I am unable to comment on indi vidual cases, I would like to this opportunity
to provide you with some general information.
ODSP recognizes the exceptional barriers and costs faced by people with
disabilities and, as a result, provides a variety of supports and options
to assist recipients, including the option of self-employment. ODSP does
not restrict any recipient who is self-employed to hire staff. However,
it is not the intent of the ODSP to provide support to businesses with
employees or to provide support other than to the self-employed ODSP recipient.
If a self-employed recipient requires staff on a short-term basis either
because of their disability or because a specific skill is required, the
costs for the staff may be considered as an allowable business expense.
If a self-employed recipient requires services as a result of their disability
and such services are necessary to operate the business, these may be
considered as an allowable business expense under ODSP. Services that
could be considered an allowable business expense include consulting services,
clerical services, accounting, and courier services. Such services must
be purchased on an occasional and intermittent basis only.
Where a recipient is considered self-employed and requires the assistance
of a skilled person to complete their work, the recipient may contract
with a skilled person under certain circumstances. Contracts should be
infrequent in nature and should not be ongoing. A contract as such may
qualify as a business expense.
I trust this information is helpful to you. Should you require additional
information about allowable business expenses under ODSP or would like
to discuss a specific case, you may contact Ms. Christine Groulx, Income
Support Manager in the ministry's Cornwall Office, by telephone at (613)
932-3381, extension 100 , or by writing to 4 Montreal Road, 3rd Floor,
Cornwall Ontario K6H 1B1.
Once again thank you for writing.
Sincerely
John Baird (signature)
John Baird MPP
Minister
January 16, 2007
Dear Jim:
Jim Bronwell MPP
Thank you for your letter on behalf of your constituent, David Thomasson,
concerning the treatment of farm income under the Ontario Disability
Support Program (ODSP).
I appreciate the time you have taken to write and I am pleased to have
the opportunity to provide you with some additional information about
ODSP. The intent of ODSP policy for self-employed recipients, including
self-employed farmers, is to allow self-employment activities as a means
of increasing financial independence. Under ODSP regulations, the Director
determines how income from self-employment activities (including income
from farming) is calculated. Net income from self-employment is determined
by deducting allowable expenses from the gross income. The Director
determines which expenses can be deducted from the gross income. Once
net self-employment income is calculated, the 50 per cent earnings exemption
i s applied. Chargeable income can be further reduced by allowable deductions
for child care and disability related work expenses. The $100 per month
work-related expense is paid for each month that there is a net positive
income from self-employment.
ODSP recipients who have self-employment income, including income from
the operation of a farm, may continue to be eligible for income support,
depending on the amount they earn. Income and allowable expenses are
averaged over the year to determine the monthly net income. The amount
of ODSP income support payable is based on the gross income generated
from the farming activity less allowable business expenses such as supplies,
rent, tools and equipment, business transportation, etc. The earnings
exemptions and deductions for child care costs and disability-related
expenses are applied to determine chargeable income.
It is important to note that the calculation of net income serves a
different purpose under the ODSP Act that the calculation of income
under the Income Tax Act. The deductions allowable under ODSP are intended
solely for the purposes of determining income support eligibility or
the amount of support to be provided. The program is not intended to
support business enterprises and, therefore, does not allow all of the
business deductions that can be claimed for income tax purposes such
as entertainment and gifts, business losses/depreciation and conferences.
Under ODSP Directive 5.7, wages paid to employees of the farm are allowed
as an approved business expense for the purposes of determining net
farm income under specific circumstances. Payments to subcontractors
may be an approved business expense, if they meet certain criteria.
If the recipient requires additional people to assist in the operations
of the farm (e.g. to harvest the crop), the recipient may contract with
the needed persons for a limited time to complete this specific work.
Subcontracting should occur on an infrequent basis for specific purposes
and should not involve ongiong contractual agreements.
As a disability accommodation, a recipient may be allowed to deduct
payments made to an individual who is required due to the recipient's
disability-related needs in order to operate the busines. In other words,
"but for" the services of this other person, the recipient
would be unable to carry out the operation of the business because of
his or her disability. An example would be a visually impaired farmer
who requires a driver to get to market in order to sell his or her product.
Regarding the treatment of subsidies under ODSP, all payments to recipients
are considered income unless specifically exempted in the regulations.
Consequently, a subsidy from the Ministry of Agriculture and Food to
pay for wages of employees would be considered business income. If the
subsidy is used to pay subcontracted persons, those payments may be
deducted from the business gross income. This way, the recipient is
not penalized for trying to increase his or her business revenue.
I trust that this detailed overview will assist you in responding to
your constituent's concerns about my ministry's farm income policy.
Staff in my ministry's Eastern Regional Office are aware of Mr. Thomasson's
concerns and are available to discuss any additional questions and/or
concerns with him directly. Mr. Thomasson may wish to contact Christine
Groulx, Income Support Manager with the Cornwall ODSP office at 1-800-565-5374,
extension 100.
Once again, thank you for writing.
Sincerely,
Madelleine (signature)
Madelleine Meilleur
Mini ster
January 22, 2007
Dear Jeff:
Jeff Leal MPP
Thank you for your letter concerning the treatment of farm income under
the Ontario Disability Support Program (ODSP).
The inte nt of ODSP policy for self-employed recipients, including self-employed
farmers, is to allow self-employment activities as a means of increasing
financial independence. Under ODSP regulations, the Director determines
how income from self-employment activities (including income from farming)
is calculated. Net income from self-employment is determined by deducting
allowable expenses from the gross income. The Director determines which
expenses can be deducted from the gross income. Once net self-employment
income is calculated, the 50 per cent earnings exemption is applied.
Chargeable income can be further reduced by allowable deductions for
child care and disability related work expenses. The $100 per month
work-related expense is paid for each month that there is a net positive
income from self-employment.
ODSP recipients who have self-employment income, including income from
the operation of a farm, may continue to be eligible for incom e support,
depending on the amount they earn. Income and allowable expenses are
averaged over the year to determine the monthly net income. The amount
of ODSP income support payable is based on the gross income generated
from the farming activity less allowable business expenses such as supplies,
rent, tools and equipment, business transportation, etc. The earnings
exemptions and deductions for child care costs and disability-related
expenses are applied to determine chargeable income.
It is important to note that the calculation of net income serves a
different purpose under the ODSP Act than the calculation of income
under the Income Tax Act. The deductions under ODSP are intended solely
for the purposes of determining income support eligibility or the amount
of support to be provided. The program is not intended to support business
enterprises and, therefore, does not allow all of the business deductions
that can be claime d for income tax purposes such as entertainment and
gifts, business losses/depreciation and conferences.
Under ODSP Directive 5.7, wages paid to employees of the farm are allowed
as an approved business expense for the purposes of determining net
farm income under specific circumstances. Payments to subcontractors
may be an approved business expense, if they meet certain criteria.
If the recipient requires additional people to assist in the operations
of the farm (e.g. to harvest the crop), the recipient may contract with
the needed persons for a limited time to complete this specific work.
Subcontracting should occur on an infrequent basis for specific purposes
and should not involve ongiong contractual agreements.
As a disability accommodation, a recipient may be allowed to deduct
payments made to an individual who is required due to the recipient's
disability-related needs in order to operate the busines. In other words,
"but for" the services of this other person, the recipient
would be unable to carry out the operation of the business because of
his or her disability. An example would be a visually impaired farmer
who requires a driver to get to market in order to sell his or her product.
I trust that this detailed overview will assist you in responding to
your constituent's concerns about my ministry's farm income policy.
Once again, thank you for writing.
Sincerely,
M. Meilleur (signature)
Madelleine Meilleur
Minister
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