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O. Reg. 338/05: BENEFIT FOR LOSS OF RETIREMENT INCOME

filed June 13, 2005 under Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A

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ontario regulation 338/05

made under the

workplace safety and insurance act, 1997

Made: March 24, 2005
Approved: June 1, 2005
Filed: June 13, 2005
Printed in The Ontario Gazette: July 2, 2005

Amending O. Reg. 562/99

(Benefit for Loss of Retirement Income)

1. Paragraph 1 of section 2 of Ontario Regulation 562/99 is amended by striking out “spouse or same-sex partner” in both places where it appears and substituting in each case “spouse”.

2. (1) Subsection 3 (1) of the Regulation is amended by striking out “spouse or same-sex partner” in both places where it appears and substituting in each case “spouse”.

(2) Subsection 3 (2) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(3) Subsection 3 (3) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(4) Subsection 3 (4) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(5) Subsection 3 (5) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

3. Subsection 5 (5) of the Regulation is amended by striking out “spouse or same-sex partner” in the three places where it appears and substituting in each case “spouse”.

4. (1) Subsection 6 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(2) Subsection 6 (4) of the Regulation is amended by striking out “spouse or same-sex partner” in both places where it appears and substituting in each case “spouse”.

(3) Subsection 6 (5) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(4) Clauses 6 (7) (a) and (b) of the Regulation are amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

(5) Subsection 6 (8) of the Regulation is amended by,

(a) striking out “spouse or same-sex partner” in both places where it appears in the portion before paragraph 1 and substituting in each case “spouse”;

(b) striking out “spouse or same-sex partner” in both places where it appears in paragraph 2 and substituting in each case “spouse”; and

(c) striking out “spouse or same-sex partner” in the three places where it appears in paragraph 3 and substituting in each case “spouse”.

(6) Subsection 6 (9) of the Regulation is amended by striking out “spouse or same-sex partner” in both places where it appears and substituting in each case “spouse”.

5. (1) Subsection 7 (4) of the Regulation is amended by striking out “spouse or same-sex partner” in both places where it appears and substituting in each case “spouse”.

(2) Subsection 7 (5) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(3) Clauses 7 (8) (a) and (b) of the Regulation are amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

(4) Subsection 7 (9) of the Regulation is amended by,

(a) striking out “spouse or same-sex partner” in both places where it appears in the portion before paragraph 1 and substituting in each case “spouse”;

(b) striking out “spouse or same-sex partner” in both places where it appears in paragraph 2 and substituting in each case “spouse”; and

(c) striking out “spouse or same-sex partner” in the three places where it appears in paragraph 3 and substituting in each case “spouse”.

(5) Subsection 7 (10) of the Regulation is amended by striking out “spouse or same-sex partner” in both places where it appears and substituting in each case “spouse”.

6. Subsections 9 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Every reference to a “spousal partner” in sections 2, 3 and 6 of Ontario Regulation 715/94 shall be deemed to be a reference to either of two persons who, on the date the worker reaches 65 years of age, are cohabiting and,

(a) are married to each other; or

(b) are living together in a conjugal relationship outside marriage and,

(i) have cohabited for at least one year,

(ii) are together the parents of a child, or

(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act or a successor to that section.

(3) Every reference to a “spouse” in section 7 of Ontario Regulation 715/94 shall be deemed to be a reference to a spouse as defined in subsection 1 (1) of the pre-1997 Act, as that subsection is deemed to be amended by section 103.1 of the Act.

Made by:

Workplace Safety and Insurance Board:

Jill Hutcheon

President/Interim Chair

Linda Angove

Corporate Secretary

Date made: March 24, 2005.