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ontario regulation 336/16

made under the

Administration of Justice Act

Made: October 5, 2016
Filed: October 6, 2016
Published on e-Laws: October 6, 2016
Printed in The Ontario Gazette: October 22, 2016

Amending O. Reg. 2/05

(FEE WAIVER)

1. (1) The definition of “gross monthly household income” in subsection 1 (1) of Ontario Regulation 2/05 is revoked.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“gross annual household income”, when used with respect to a person, means the gross amount of all regular payments of any kind received by the members of the person’s household during a year; (“revenu annuel brut du ménage”)

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

Prescribed conditions

2. (1) A person meets the prescribed conditions referred to in subsections 4.3 (4) and 4.5 (2) of the Act if,

(a) the primary source of the person’s gross annual household income is one or more of,

(i) income assistance under the Ontario Works Act, 1997, income support under the Ontario Disability Support Program Act, 1997 or an allowance under the Family Benefits Act,

(ii) a pension, together with a guaranteed income supplement, under the Old Age Security Act (Canada),

(iii) a benefit paid under the Canada Pension Plan, or

(iv) an allowance paid under the War Veterans Allowance Act (Canada);

(b) the person has applied to receive legal aid services in respect of the proceeding to which any waiver of fees would apply, and Legal Aid Ontario has approved the application; or

(c) the person meets the financial criteria set out in subsection (2).

(2) The following financial criteria apply for the purposes of clause (1) (c):

1. The person’s gross annual household income is less than,

i. $24,000, if he or she is the only person in his or her household,

ii. $36,000, if there are two people in his or her household,

iii. $42,000, if there are three people in his or her household,

iv. $50,400, if there are four people in his or her household, and

v. $58,800, if there are five or more people in his or her household.

2. The value of the person’s household liquid assets is less than $2,040.

3. The person’s household net worth is less than $8,160.

(3) Beginning on January 1, 2020, and on every third January 1 thereafter, the financial threshold amounts set out in subsection (2) shall be adjusted in accordance with the following:

1. The threshold amounts that apply immediately before the applicable January 1 date shall be increased by the percentage change between the Ontario Consumer Price Index for the calendar year that is two years before the year in which the adjustment is being made, and the Ontario Consumer Price Index for the calendar year that is five years before the year in which the adjustment is being made.

2. If the percentage change in the Ontario Consumer Price Index between the two applicable calendar years, as set out in paragraph 1, results in a negative amount, the threshold amounts shall not be increased.

3. Any threshold amount that, once increased in accordance with paragraph 1, results in an amount that is not a multiple of one hundred shall be rounded to the nearest hundred dollars.

(4) For the purposes of subsection (3), the Ontario Consumer Price Index is the Consumer Price Index for Ontario (All-Items) as published by Statistics Canada.

Supporting financial information

2.1 (1) A person requesting a fee waiver under section 4.3 or 4.5 of the Act shall provide together with the fee waiver request form the supporting financial information required by this section.

(2) The person shall provide one of the following, as appropriate, as proof of his or her income:

1. An income tax return or notice of assessment for the most recent taxation year.

2. The most recent statement of earnings from his or her employer showing the total earnings paid in the year to date including overtime, or, if such a statement is not available, his or her three most recent pay stubs.

3. The most recent statement of income showing income he or she received from employment insurance, social assistance, a pension, workers compensation or disability payments.

4. If no document referred to in paragraph 1, 2 or 3 is readily available, an itemization, in the portion of the fee waiver request form provided for the purpose, of his or her income sources and amounts.

(3) If the person’s household includes a spouse, the person shall also provide proof of the spouse’s income in accordance with subsection (2).

(4) The requirements of this section to provide supporting financial information do not apply to a person who meets the condition for fee waiver eligibility set out in clause 2 (1) (b).

3. Paragraphs 6 and 7 of section 3 of the Regulation are revoked and the following substituted:

6. Disbursements payable to a bailiff under paragraph 4 of subsection 2 (1) of Ontario Regulation 332/16 (Small Claims Court – Fees and Allowances) made under the Act.

7. Fees and travel allowances payable to a witness under section 3 of the regulation described in paragraph 6.

4. Clause 4 (a) of the Regulation is revoked.

5. The Table to the Regulation is revoked.

Commencement

6. This Regulation comes into force on the later of November 6, 2016 and the day it is filed.

 

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