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ontario regulation 140/11

made under the

Ontario Disability Support Program Act, 1997

Made: May 4, 2011
Filed: May 6, 2011
Published on e-Laws: May 10, 2011
Printed in The Ontario Gazette: May 21, 2011

Amending O. Reg. 222/98

(General)

1. Subclause 2 (3) (c) (i) of Ontario Regulation 222/98 is revoked and the following substituted:

(i) receives the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) in respect of the child or a determination has been made under that Act that he or she is eligible to receive the Canada Child Tax Benefit, including if he or she receives or is determined eligible to receive the Canada Child Tax Benefit as a shared-custody parent under section 122.61 of that Act, or

2. Section 33.2 of the Regulation is revoked and the following substituted:

33.2 The amount payable for a child under paragraphs 1, 2, 4 and 5 of subsection 30 (1) and paragraphs 3, 4 and 6 of subsection 33 (1) shall be reduced by 50 per cent, if it has been determined that a member of a benefit unit,

(a) is eligible to receive the Canada Child Tax Benefit as a shared-custody parent, within the meaning of section 122. 61 of the Income Tax Act (Canada), in respect of the child; or

(b) shares physical custody of the child on an approximately equal basis, as determined under subclause 2 (3) (c) (ii).

3. (1) Subsection 45.3 (4) of the Regulation is revoked and the following substituted:

(4) Despite subsection (2), where a recipient or spouse included in the benefit unit is a shared-custody parent under section 122.61 of the Income Tax Act (Canada) in respect of one or more dependent children, the monthly transition child benefit is equal to the amount determined by the formula:

(A + B) ÷ 2

where,

  A = the amount determined for the month under subsection (2) for all dependent children in the benefit unit, including those dependent children in respect of whom the recipient or spouse is a shared-custody parent, and

B = the amount determined for the month under subsection (2) for the dependent children in the benefit unit, excluding those dependent children in respect of whom the recipient or spouse is a shared-custody parent.

(2) Subsection 45.3 (5) of the Regulation is revoked.

Commencement

4. This Regulation comes into force on July 1, 2011. 

 

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