RCA & ECA Compliance

When Needed

[69-208.7]

If the EW determines that good cause did not exist for the failure or refusal to meet program requirements, the EW must try to resolve the recipient's failure to cooperate before the recipient is sanctioned. A compliance plan is developed.

Time Frame

Cause determination and compliance must begin as soon as possible but no later than 20 working days following the date that the EW is made aware of the registrant's failure to cooperate/participate.

Who Schedules Compliance

When it has been determined that “no good cause” exists the EW must begin the compliance process as follows:

Applicants: The intake EW must make the compliance appointment for applicants for RCA/ECA.

Recipients: The CIU must contact refugees for the CIU compliance appointment.

Early Termination of the Compliance Plan

The compliance plan may be terminated sooner by either the CIU or by the recipient's written request if at any time it is apparent to either that the dispute cannot be resolved.

The CIU may end the compliance plan early if it is apparent that the recipient will not cooperate, that is, continues to refuse to report to CIU or training and employment services, or otherwise demonstrates unwillingness to cooperate.

The EW must inform the recipient of the following:

The right to submit a written request, at anytime during the thirty (30) calendar day period, to have the compliance plan terminated, and
The right to receive help to write the request to terminate the compliance plan, if needed.

RCA 44

The “Notice of No Good Cause Determination and Conciliation Appointment” (RCA 44) is used to inform an RCA recipient that no good cause was found for their refusal/failure to comply with the program requirements and to initiate the beginning of the compliance process to resolve the problem.

The RCA 44 informs the RCA recipient of:

The determination that no good cause exists
The reason(s) for the determination of no good cause
A scheduled appointment at which time the individual and the CIU are to meet to discuss program participation and the ability to correct the situation by agreeing to and following the compliance plan
The CIU’s proposed compliance plan to resolve the participation problem
Their right to suggest an alternative compliance plan
The availability of free assistance with their interview from the legal aid office and the welfare rights office
Their right to request a supervisory review of the no good cause determination, and
The final compliance plan to be completed in order to resolve the participation problem and avoid sanctioning.

Rescheduling Appointments

If the RCA recipient contacts the CIU prior to the scheduled compliance interview to request a rescheduling, they will be allowed ONE reschedule of the interview.

This scheduled interview must take place within 20 working days following the date that the EW becomes aware of a recipient's failure to cooperate/participate.

Telephone Interviews

The CIU is permitted to conduct a telephone interview to accomplish the compliance process if the EW determines it is appropriate AND the recipient agrees.

Compliance Plan

The CIU will develop a written compliance plan, specifying the actions the recipient must take to demonstrate cooperation with registration, employment, and employment-directed education/training requirements.

The compliance plan must be written on the RCA 44. The CIU must also complete the “Compliance Transmittal” (SC 568) and send it along with the RCA 44 to inform CIU of the compliance plan. They will further complete the SC 568 to indicate whether or not the recipient complied with the terms of the compliance plan and return the SC 568 to the EW.

In order to resolve the dispute during compliance, the CIU may have to coordinate with service providers.

Successful Compliance

If the recipient follows the terms of the compliance plan, they must continue to participate in the RCA Program.

The CIU must notify the recipient of the successful completion of compliance using “Compliance Letter” ((SC 566).

Unsuccessful Compliance

If the compliance process is unsuccessful in resolving the conflict, the CIU must forward the RS 3, RCA 43, and all compliance documents (RS 38 and RCA 44) to the case carrying EW for sanction action.