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ontario regulation 279/18

made under the

Ontario Works Act, 1997

Made: April 18, 2018
Filed: April 20, 2018
Published on e-Laws: April 23, 2018
Printed in The Ontario Gazette: May 5, 2018

Amending O. Reg. 134/98

(GENERAL)

1.  Clause (d) of the definition of “spouse” in subsection 1 (1) of Ontario Regulation 134/98 is amended by striking out “three months” in the portion before subclause (i) and substituting “three years”.

2.  (1)  Subsection 2 (2) of the Regulation is amended by striking out “or” at the end of clause (c.3), by adding “or” at the end of clause (d) and by adding the following clause:

(e) the person has elected to be considered financially independent under subsection (2.1).

(2)  Section 2 of the Regulation is amended by adding the following subsection:

(2.1)  A person who is a resident in a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act may elect to be considered financially independent.

(3)  Subsection 2 (3) of the Regulation is amended by striking out “and” at the end of clause (c), by adding “and” at the end of clause (b) and by revoking clause (e).

3.  Subsection 5 (1) of the Regulation is amended by striking out “seven days” and substituting “30 days”.

4.  Subsection 10 (7) of the Regulation is amended,

(a) by striking out “do one or more of the following” in the portion before paragraph 1 and substituting “do either or both of the following”; and

(b) by revoking paragraph 3.

5.  Paragraph 9 of section 26 of the Regulation is revoked.

6.  (1)  Subsection 36 (1) of the Regulation is amended by striking out “paragraph 3 of subsection 44 (1)”.

(2)  Subsection 36 (2) of the Regulation is amended by striking out “paragraph 3 of subsection 44 (1)”.

7.  (1)  Paragraph 20 of subsection 39 (1) of the Regulation is revoked and the following substituted:

20. That portion of a payment received under the Ministry of Community and Social Services Act for a person’s successful participation in a program of activities described in clause 2 (3) (e), paragraph 3 of subsection 10 (7) or paragraph 9 of section 26, as those provisions read immediately before September 1, 2018, if, within a reasonable period as determined by the administrator, it is to be used for the person’s post-secondary education.

(2) Subsection 39 (1) of the Regulation is amended by adding the following paragraphs:

21.2 Funds held in a registered retirement savings plan as defined in subsection 146 (1) of the Income Tax Act (Canada).

21.3 Funds held in a TFSA within the meaning of section 146.2 of the Income Tax Act (Canada).

8.  Paragraph 2 of subsection 41 (1) of the Regulation is amended by striking out the portion before the Table and substituting the following:

2. If the applicant or recipient resides north of the 47th parallel and is without year round road access or if the applicant or recipient resides in a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act and either resides north of the 47th parallel or is without year round road access, an amount determined in accordance with the following Table:

. . . . .

9.  (1)  Subsection 42 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2)  Subject to subsections (3) and (4), the following rules apply for calculating the cost of shelter:

. . . . .

(2)  Subsection 42 (2) of the Regulation, as amended by subsection (1), is amended by striking out “Subject to subsections (3) and (4)” at the beginning and substituting “Subject to subsections (3), (4) and (5)”.

(3)  Section 42 of the Regulation is amended by adding the following subsections:

(3)  Subject to subsection (4), in the case of a recipient whose budgetary requirements were calculated under subsection 44 (1) on September 30, 2018, the amount payable for shelter is the greater of the maximum amount determined under paragraph 2 of subsection (2) of this section and the cost of energy for heat.

(4)  Subsection (3) applies only while the recipient continues to reside in the same dwelling place he or she resided in on September 30, 2018.

(4)  Section 42 of the Regulation is amended by adding the following subsection:

(5)  The amount payable for shelter in respect of a person who has elected to be considered  financially independent under subsection 2 (2.1) shall be the greater of the amount determined under subsection (2) of this section and the amount set out in paragraph 4 of subsection 44 (3).

10.  (1)  Subsection 44 (1) of the Regulation is revoked.

(2)  Paragraph 2 of subsection 44 (2) of the Regulation is revoked and the following substituted:

2. An additional amount equal to the sum of $208 for the first dependant of the dependant, $96 for the second dependant of the dependant and $100 for any subsequent dependants of the dependant, if the applicant or recipient,

i. resides north of the 47th parallel and is without year round road access, or

ii. resides in a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act and either resides north of the 47th parallel or is without year round road access.

(3)  Paragraph 2 of subsection 44 (3) of the Regulation is amended by striking out the portion before the Table and substituting the following:

2. If the applicant or recipient resides north of the 47th parallel and is without year round road access or if the applicant or recipient resides in a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act and either resides north of the 47th parallel or is without year round road access, an amount determined in accordance with the following Table:

. . . . .

(4)  Section 44 of the Regulation is amended by adding the following subsection:

(5.1)  If a person has elected to be considered financially independent under subsection 2 (2.1), the person’s budgetary requirements shall not be determined under subsection (3).

11.  Subsection 44.1 (1) of the Regulation is amended by striking out “under subsection 41 or subsection 44 (1), as the case may be” in the portion before clause (a) and substituting “under section 41”.

12.  Section 44.2 of the Regulation is amended by striking out “under paragraphs 1, 2, 4 and 6 of subsection 41 (1), paragraphs 2, 3 and 6 of subsection 44 (1) and paragraphs 1, 2, 3 and 5 of subsection 44 (3)” in the portion before clause (a) and substituting “under paragraphs 1, 2, 4 and 6 of subsection 41 (1) and paragraphs 1, 2, 3 and 5 of subsection 44 (3)”.

13.  (1)  Subparagraph 1 ii of subsection 49 (1) of the Regulation is amended by striking out “$200” at the beginning and substituting “$400”.

(2)  Subparagraph 3 ii of subsection 49 (1) of the Regulation is amended by striking out “the first three months” and substituting “the first month”.

(3)  Subparagraph 4 i of subsection 49 (1) of the Regulation is amended by striking out “was continuously paid for at least three months” and substituting “was paid for at least one month”.

(4)  Paragraphs 8 and 9 of subsection 49 (1) of the Regulation are revoked.

(5)  Subsection 49 (1) of the Regulation is amended by adding the following paragraph:

13. An amount paid under a training program to a member of the benefit unit who is a resident of a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act for a period of up to 12 months per training program shall not be included in income.

14.  The heading before section 50 and section 50 of the Regulation are revoked and the following substituted:

Rental and Lodging Income

50.  (1)  Subject to subsection (2), the following rules apply with respect to the treatment of rental and lodging income:

1. If a member of the benefit unit rents self-contained quarters, land or a garage to another person, 60 per cent of the gross income, as determined by the administrator, received from the rental shall be included as income.

2. If a member of the benefit unit is providing lodging to another person, 25 per cent of the amount received from that person shall be included as income.

(2)  Rental and lodging income from a person is not included as income if the applicant or recipient or the spouse included in the benefit unit is a parent or grandparent of the person and,

(a) the person is a recipient of basic financial assistance in his or her own right; or

(b) the person is a recipient of income support under the Ontario Disability Support Program Act, 1997 in his or her own right.

15.  (1)  Paragraph 8 of subsection 54 (1) of the Regulation is amended by striking out “up to a maximum of $10,000 for any 12-month period” at the end.

(2)  Paragraphs 8.1, 11.1 and 11.4 of subsection 54 (1) of the Regulation are revoked.

(3)  Paragraphs 32 and 33 of subsection 54 (1) of the Regulation are revoked and the following substituted:

32. An orphan’s pension payment under the Act Respecting the Québec Pension Plan (Quebec) or a payment under a similar program in another jurisdiction.

33. A disabled contributor’s child’s pension payment under the Act Respecting the Quebec Pension Plan (Quebec) or a payment under a similar program in another jurisdiction.

(4)  Subsection 54 (1) of the Regulation is amended by adding the following paragraph:

35. Strike pay.

(5)  Subsection 54 (3) of the Regulation is revoked.

16.  Subsection 55 (1.0.3) of the Regulation is amended by striking out “for a period of at least three months” at the end and substituting “for at least one month”.

17.  Clause 57 (5) (a) of the Regulation is revoked and the following substituted:

(a) $433 for the first child and $321 for each additional child if the adult applicant or recipient,

(i) resides north of the 47th parallel and is without year round road access; or

(ii) resides in a territory that is designated as a geographic area under section 2, 2.1, 2.2, 2.3, 2.4, 2.5 or 2.6 of Ontario Regulation 136/98 (Designation of Geographic Areas and Delivery Agents) made under the Act and either resides north of the 47th parallel or is without year round road access;

Commencement

18.  (1)  Subject to subsections (2) to (5), this Regulation comes into force on the day it is filed.

(2)  Subsection 2 (3) and sections 4, 5 and 7 come into force on September 1, 2018.

(3)  Section 6 and subsections 9 (1) and (3) and 10 (1) and sections 11 and 12 come into force on October 1, 2018.

(4)  Section 1, subsections 2 (1) and (2), sections 3 and 8, subsections 9 (2) and (4), 10 (2), (3) and (4) and 13 (4), section 14, subsections 15 (1), (2), (4) and (5) and section 17 come into force on November 1, 2018.

(5)  Subsections 13 (1), (2) and (3) and section 16 come into force on December 1, 2018.

 

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