O. Reg. 294/05: GENERAL

Français

ontario regulation 294/05

made under the

Ontario Works Act, 1997

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

Amending O. Reg. 134/98

(General)

1. (1) The definition of “dependant” in subsection 1 (1) of Ontario Regulation 134/98 is amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

(2) The definition of “same-sex partner” in subsection 1 (1) of the Regulation is revoked.

(3) The definition of “sole support parent” in subsection 1 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(4) The definition of “spouse” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“spouse”, in relation to an applicant or recipient, means,

(a) a person, if the person and the applicant or recipient have together declared to the administrator or to the Director under the Ontario Disability Support Program Act, 1997 that they are spouses,

(b) a person who is required under a court order or domestic contract to support the applicant or recipient or any of his or her dependants,

(c) a person who has an obligation to support the applicant or recipient or any of his or her dependants under section 30 or 31 of the Family Law Act, whether or not there is a domestic contract or other agreement between the person and the applicant or recipient whereby they purport to waive or release such obligation to support, or

(d) a person who has been residing in the same dwelling place as the applicant or recipient for a period of at least three months, if,

(i) the extent of the social and familial aspects of the relationship between the two persons is consistent with cohabitation, and

(ii) the extent of the financial support provided by one person to the other or the degree of financial interdependence between the two persons is consistent with cohabitation. (“conjoint”). 

(5) Subsection 1 (2) of the Regulation is amended,

(a) by striking out “the definitions of ‘spouse’ and ‘same-sex partner’” and substituting “the definition of ‘spouse’”; and

(b) by striking out “spouse or same-sex partner” and substituting “spouse”.

2. (1) Clause 2 (1) (a) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(2) Clause 2 (2) (a) of the Regulation is amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

(3) Clauses 2 (3) (a) and (c) of the Regulation are amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

3. Subsection 10 (1) of the Regulation is amended by striking out “spouse or same-sex partner” in the portion before clause (a) and substituting “spouse”.

4. Subsection 15.1 (1) of the Regulation is amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

5. Subsection 18 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

6. Subsection 19 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

7. (1) Subsection 20 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(2) Subsection 20 (4) of the Regulation is revoked and the following substituted:

(4) A responsible person may make an application on behalf of an applicant or sign an application on behalf of an applicant or the spouse of an applicant if the applicant or spouse is unable to make or sign the application by reason of disability.

8. Subsection 20.3 (2) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

9. Paragraph 1 of section 31 of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

10. (1) Clauses 38 (1) (b), (c) and (d) of the Regulation are amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

(2) Subsection 38 (2) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

11. (1) The Table to paragraph 1 of section 41 of the Regulation is revoked and the following substituted:

TABLE

 

No. of Dependants Other than a Spouse	Dependants 13 Years and Over	Dependants 0-12 Years	Recipient	Recipient and Spouse
0	0	0	$ 201	$ 402
1	0	1	460	491
	1	0	501	528
2	0	2	548	594
	1	1	590	631
	2	0	627	668
For each additional dependant, add $141 if the dependant is 13 years of age or over or $103 if the dependant is less than 13 years of age.

(2) The Table to paragraph 2 of section 41 of the Regulation is revoked and the following substituted:

TABLE

 

Number of Dependants Other than a Spouse	Recipient	Recipient and Spouse
0	$ 140	$ 206
1	231	249
2	269	289
For each additional dependant, add $39.

12. (1) The Table to paragraph 1 of subsection 44 (1) of the Regulation is revoked and the following substituted:

TABLE

 

Number of Dependants Other than a Spouse	Recipient	Recipient and Spouse
0	$ 368	$ 563
1	611	646
2	705	724
3	792	801
For each additional dependant of a sole support parent, add $93. Otherwise, for each additional dependant, add $80.

(2) The Table to paragraph 2 of subsection 44 (1) of the Regulation is revoked and the following substituted:

TABLE

 

Number of Dependants Other than a Spouse	Recipient	Recipient and Spouse
0	$ 140	$ 206
1	222	235
2	257	270
3	292	305
For each additional dependant, add $36.

(3) Subsection 44 (3) of the Regulation is revoked and the following substituted:

(3) The budgetary requirements for an applicant or recipient who resides in the same dwelling place as a person who is his or her parent or the parent of his or her spouse included in the benefit unit shall be equal to the sum of the following amounts:

1. The lesser of,

i. the actual amount paid by the applicant or recipient to the parent, and

ii. the amount determined in accordance with the following Table:

TABLE

 

No. of Dependants Other than a Spouse	Dependants 13 Years and Over	Dependants 0-12 Years	Recipient	Recipient and Spouse
0	0	0	$ 201	$ 402
1	0	1	460	491
	1	0	501	528
2	0	2	548	594
	1	1	590	631
	2	0	627	668
For each additional dependant, add $141 if the dependant is 13 years of age or over or $103 if the dependant is less than 13 years of age.

2. If the applicant or recipient resides north of the 50th parallel and is without year round road access, an amount determined in accordance with the following Table:

TABLE

 

Number of Dependants Other than a Spouse	Recipient	Recipient and Spouse
0	$140	$ 206
1	231	249
2	269	289
For each additional dependant, add $39.

3. If an approved health professional certifies that a member of the benefit unit requires a special diet and signs a statement setting out in detail the special diet required, an amount which is the lesser of,

i. the additional cost required to provide the special diet, and

ii. $250.

4. $ 52 (Special Boarder Allowance).

5. For the month in which an approved health professional confirms that a member of the benefit unit is pregnant and for each succeeding month up to and including the month in which the pregnancy ends, a nutritional allowance equal to,

i. $50, if an approved health professional confirms that the pregnant person requires a non-dairy diet, or

ii. $40, otherwise. 

13. (1) Paragraphs 1 and 2 of subsection 45 (1) of the Regulation are amended by striking out “spouse or same sex-partner” wherever it appears and substituting in each case “spouse”.

(2) Paragraph 1 of subsection 45 (2) of the Regulation is revoked and the following substituted: 

1. A person who resides in the same dwelling place as the applicant or recipient and provides daily physical assistance on an ongoing basis to the applicant or recipient or his or her spouse included in the benefit unit if the applicant, recipient or spouse requires assistance in order to function in a community setting.

14. Paragraph 1 of subsection 49 (1) of the Regulation is revoked and the following substituted: 

1. The sum of the total amount of gross monthly income from employment, the amounts paid under a training program and net monthly income as determined by the administrator from an interest in or operation of a business shall be reduced by,

i. the total of all deductions required by law or by the terms of employment that are deductions,

A. from wages, salaries, casual earnings or amounts paid under a training program, and

B. made with respect to income tax, Canada Pension Plan, employment insurance, union dues or pension contributions,

ii. an amount equal to,

A. if the recipient is a single person, $143,

B. if the recipient has a spouse included in the benefit unit and there are no other dependants, $249,

C. if the recipient has a spouse included in the benefit unit and there is one other dependant, $295,

D. if the recipient has a spouse included in the benefit unit and there are two other dependants, $346,

E. if the recipient has a spouse included in the benefit unit and there are three other dependants, $397,

F. if the recipient has a spouse included in the benefit unit and there are four other dependants, $442,

G. if the recipient has a spouse included in the benefit unit and there are five other dependants, $480,

H. if the recipient has a spouse included in the benefit unit and there are six or more other dependants, $518 with respect to the recipient, the spouse and the first six other dependants and $38 with respect to each additional dependant,

I. if the recipient has no spouse included in the benefit unit and there is one dependant, $275,

J. if the recipient has no spouse included in the benefit unit and there are two dependants, $321,

K. if the recipient has no spouse included in the benefit unit and there are three dependants, $372,

L. if the recipient has no spouse included in the benefit unit and there are four dependants, $423,

M. if the recipient has no spouse included in the benefit unit and there are five dependants, $468,

N. if the recipient has no spouse included in the benefit unit and there are six or more dependants, $506 with respect to the recipient and the first six dependants and $38 with respect to each additional dependant,

iii. the percentage determined under subsections (2) and (2.1) of the amount by which the total gross monthly income from employment and amounts paid under a training program exceeds the total amount of exemptions to which the person is entitled under subparagraphs i and ii,

iv. child care expenses actually incurred for each dependent child and not otherwise reimbursed or subject to reimbursement up to the maximum amounts provided in paragraph 2 if,

A. the child care expenses are necessary to permit a recipient or a spouse included in the benefit unit or a dependent adult to be employed or to participate in an employment assistance activity,

B. the child care expenses are not paid to a member of the benefit unit, and

C. the recipient has not received reimbursement for the child care expenses through the Child Care Tax Credit under subsection 8 (15.2) of the Income Tax Act.

15. Subsection 50 (2) of the Regulation is amended by striking out “spouse or same-sex partner” in the portion before clause (a) and substituting “spouse”.

16. The Table to subparagraph 1 ii of section 51 of the Regulation is revoked and the following substituted:

TABLE

 

No. of Dependants Other than a Spouse	Dependants 13 Years and Over	Dependants 0-12 Years	Recipient	Recipient and Spouse
0	0	0	$ 201	$ 402
1	0	1	460	491
	1	0	501	528
2	0	2	548	594
	1	1	590	631
	2	0	627	668
For each additional dependant, add $141 if the dependant is 13 years of age or more or $103 if the dependant is less than 13 years of age.

17. Sub-subparagraph 1 iv B of subsection 54 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

18. (1) Paragraph 6 of subsection 55 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

(2) Paragraph 7 of subsection 55 (1) of the Regulation is amended by striking out “spouse or same-sex partner” and substituting “spouse”.

19. Clauses 58 (c), (d) and (e) of the Regulation are amended by striking out “spouse or same-sex partner” wherever it appears and substituting in each case “spouse”.

20. This Regulation comes into force on the later of the day section 54 of the Spousal Relationships Statute Law Amendment Act, 2005 is proclaimed in force and the day it is filed.

 

Français