Failure to Cooperate

Cause Definition

[69-208]

Cause determinations will be made upon learning or being advised that the nonexempt refugee recipient has:

Refused or failed to register at CIU or participate with an RRP funded services project, or
Refused or failed to comply with employment and employment-directed education/training requirements, or
Refused or failed to meet the applicant requirements.

Time Frame

[69-208.2]

Cause determination 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.

Factors to Consider

[69-208.3]

The following factors must be considered when a cause determination is made. There must be a determination that:

A bona fide offer of employment or employment directed training was made. An offer may originate from any source and may be temporary, permanent, full-time, part-time or seasonal work.
The individual refused to participate in the training or failed to begin the employment or training as planned, quit employment or training or was discharged.
CIU arranged an employment interview for the refugee OR CIU requested the refugee to report to CIU.
The refugee failed to:
- Participate or maintain registration with CIU, or
- Accept a referral to or appear for an employment interview arranged by CIU, or
- Comply with CIU registration requirements or the requirements of the education/training program.

The refugee must be:

Given an opportunity to explain why the offer was not accepted or why the employment or training was discontinued.
Informed of the effect that the refusal to accept or continue employment or training without good cause will have on the receipt of aid.

Good Cause Reasons

[69-208.4]

“Good Cause” for failure or refusal to comply with registration, employment-directed education/training requirements exists when the following occurs:

Employment Related

The employment or training was available due directly to a bona fide strike or lockout, or
The employment or training was in excess of the individual's mental or physical ability (medical or psychological verification is required), or
The individual was employed in bona fide employment more than 20 hours during that week, and the hours of such employment prevented the refugee from being able to fulfill the registration or training requirements, or
The individual had a definite offer of full-time employment (100 hours or more per month), or
The individual has a definite promise of recall to full-time employment with a former regular employer to start within 30 calendar days of the failure to comply, or

Conditions

The individual would be required to work for an employer contrary to the conditions of his existing membership in the union governing that occupation (employment not governed by the rules of a union may be considered appropriate work), or
The employment or training site violated applicable health and safety laws and regulations, or
The employment was with an employer who did not have a business license, the employer refused to withhold disability insurance premiums as required by law, or the employer does not carry workman's compensation insurance as required by law, or
The wage is less than the minimum wage, or
The daily or weekly hours of work exceed that customary to the occupation, or

Personal

The individual was prevented from participating or reporting due to a physical or mental incapacity, or
The individual was ill or was required to care for an ill member of the family and no other care arrangements were feasible, or
Child care arrangements could not be made, or
The individual was without transportation due to circumstances beyond their control and was without other means of transportation, or
The daily commuting time to the work site or the training site and return would exceed two hours, excluding time spent taking children to a child care facility, or
The employment or training violated laws and regulations pertaining to discrimination based on age, sex, race, color, creed, or national origin, or
The individual has other substantial and compelling reasons for failure to meet and comply with the requirements of this section.

Who Determines Good Cause

When CIU informs the EW that the client has refused or failed to comply with the program requirements, good cause is determined as follows:

Applicants: The Intake EW must make the cause determination on an applicant for RCA/ECA.
Recipients: The CIU must contact refugees who have failed to come to their CIU non-compliance interviews and offer them a cause determination.

RCA 43

When information appears to indicate that good cause does not exist for an RCA recipient's refusal/failure to comply with the program requirements the “RCA Notice of a Participation Problem” (RCA 43) must be used to schedule an RCA recipient for a face-to-face or telephone cause determination interview [69-208.71].

The RCA 43 informs the RCA recipient of:

The program requirement that the client failed or refused to meet
The right to provide an explanation for the noncooperation and/or non-participation at the good cause determination interview appointment
The scheduled appointment at which time the CIU must discuss if good cause existed for the refusal/failure to comply
The availability of free assistance with their interview from the legal aid office and the welfare rights office
Examples of good reasons for not complying
Consequences of not having a good reason for noncompliance, failing to attend the interview, and not agreeing to a participation plan, and
Their right to request an appeal if they feel that the Agency's decision is incorrect.

Rescheduling Appointments

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

This rescheduled 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 cause determination if the CIU determines it is appropriate AND the recipient agrees.

Missed Appointments

If the recipient does not keep the initial or rescheduled appointment for the cause determination interview, a cause determination will be made from available information. The CIU must attempt to complete compliance.

If, at a later date, the refugee contacts the EW and wants to cooperate in the cause determination they will be referred to the appropriate EW as follows:

Applicants: Applicants who have failed to keep the initial or rescheduled appointment for the cause determination must call their intake EW.
Recipients: CIU recipients who have failed to keep the initial or rescheduled appointment for the cause determination must call the CIU.

Good Cause

If “Good Cause” exists, the CIU must re-refer the refugee on a new RS 3 and send the signed-off RS 3 and good cause determination to the appropriate continuing EW. The continuing EW must file the new RS 3 and good cause decision in the case record.

No Good Cause

If the refugee is determined not to have “good cause”, the CIU must resolve any dispute before sanction action is taken. Refer to Compliance.

The CIU must notify the EW of the outcome of the cause determination using the “Refugee Services Information Transmittal” (SC 569).