O. Reg. 33/00: GENERAL

filed February 4, 2000 under Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B

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ONTARIO REGULATION 33/00

made under the

ONTARIO DISABILITY SUPPORT PROGRAM ACT, 1997

Made: February 2, 2000
Filed: February 4, 2000

Amending O. Reg. 222/98

(General)

Note: Since the end of 1998, Ontario Regulation 222/98 has been amended by Ontario Regulations 167/99, 171/99 and 239/99. Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. (1) The definition of “dependant” in subsection 1 (1) of Ontario Regulation 222/98 is amended by,

(a) striking out “spouse” in subclause (a) (i) and substituting “spouse or same-sex partner”;

(b) striking out “spouse” in the second line of subclause (a) (ii) and substituting “spouse or same-sex partner”;

(d) striking out “spouse” in the first line of clause (b) and substituting “spouse or same-sex partner”.

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

“same-sex partner”, in relation to an applicant or recipient, means,

(a) a person of the same sex as the applicant or recipient if the person and the applicant or recipient have together declared to the Director or to an administrator under the Ontario Works Act, 1997 that they are same-sex partners,

(b) a person of the same sex as the applicant or recipient 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 of the same sex as the applicant or recipient 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 of the same sex as the applicant or recipient who is residing in the same dwelling place as the applicant or recipient, if the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation and,

(i) the person is providing financial support to the applicant or recipient,

(ii) the applicant or recipient is providing financial support to the person, or

(iii) the person and the applicant or recipient have a mutual agreement or arrangement regarding their financial affairs; (“partenaire de même sexe”)

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

(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 of the opposite sex to the applicant or recipient, if the person and the applicant or recipient have together declared to the Director or to an administrator under the Ontario Works Act, 1997 that they are spouses,

(b) a person of the opposite sex to the applicant or recipient 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 of the opposite sex to the applicant or recipient 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 of the opposite sex to the applicant or recipient who is residing in the same dwelling place as the applicant or recipient, if the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation and,

(i) the person is providing financial support to the applicant or recipient,

(ii) the applicant or recipient is providing financial support to the person, or

(iii) the person and the applicant or recipient have a mutual agreement or arrangement regarding their financial affairs. (“conjoint”)

(5) Subsections 1 (2) and (3) of the Regulation are revoked and the following substituted:

(2) For the purpose of the definitions of “spouse” and “same-sex partner”, sexual factors shall not be investigated or considered in determining whether or not a person is a spouse or same-sex partner.

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

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

(3) Clause 2 (3) (a) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same-sex partner”.

(4) Clause 2 (3) (c) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same-sex partner”.

(5) The English version of subclause 2 (3) (c) (ii) of the Regulation is revoked and the following substituted:

(ii) is the parent with primary care and control of the child, if subclause (i) does not apply; and

3. Subsection 15 (1) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same-sex partner”.

4. (1) Subsection 16 (1) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same-sex partner”.

(2) Subsection 16 (4) of the Regulation is amended by,

(a) striking out “spouse” in the second line and substituting “spouse or same-sex partner”; and

(b) striking out “applicant or spouse” in the third line and substituting “applicant, spouse or same-sex partner”.

5. (1) Clause 27 (1) (b) of the Regulation is amended by striking out “spouse” and substituting “spouse or same-sex partner”.

(2) Clause 27 (1) (c) of the Regulation is amended by striking out “spouse” and substituting “spouse or same-sex partner”.

6. Paragraph 17 of subsection 28 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same-sex partner”.

7. (1) The Table to paragraph 1 of subsection 30 (1) of the Regulation is amended by,

(a) striking out “Spouse” in the first, fifth and sixth columns of the first row and substituting in each case “Spouse or Same-Sex Partner”;

(b) striking out “spouse” in Note 1 and substituting “spouse or same-sex partner”;

(d) striking out Note 3 and substituting the following:

Note 3. A recipient with a spouse or same-sex partner included in the benefit unit if each of the recipient and the spouse, or each of the recipient and the same-sex partner, is a person with a disability or a person referred to in subparagraph 1 i of subsection 4 (1) or paragraph 6 of subsection 4 (1).

(2) The first row of the Table to paragraph 2 of subsection 30 (1) of the Regulation is amended by striking out “Spouse” in the first column and in the third column and substituting in each case “Spouse or Same-Sex Partner”.

(3) Subsection 30 (2) of the Regulation is amended by striking out “spouse” in the second line and substituting “spouse or same-sex partner”.

8. Paragraph 5 of subsection 31 (2) of the Regulation is amended by,

(a) striking out “spouse” in the third line and substituting “spouse or same-sex partner”; and

(b) striking out “both spouses” in the third line and substituting “both spouses or both same-sex partners”.

9. (1) Subparagraph 1 ii of subsection 33 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same-sex partner”.

(2) Subparagraph 1 iii of subsection 33 (1) of the Regulation is amended by,

(a) striking out “spouse” in the first line and substituting “spouse or same-sex partner”; and

(b) striking out “both spouses” in the second line and substituting “both spouses or both same-sex partners”.

(3) Paragraph 2 of subsection 33 (1) of the Regulation is amended by striking out “spouse” in the second line and substituting “spouse or same-sex partner”.

(4) The first column of the Table to paragraph 2 of subsection 33 (1) of the Regulation is amended by striking out “spouse” in the second row and in the third row and substituting in each case “spouse or same-sex partner”.

(5) The first row of the Table to paragraph 3 of subsection 33 (1) of the Regulation is amended by striking out “Spouse” in the first column and in the third column and substituting in each case “Spouse or Same-Sex Partner”.

10. (1) Paragraph 1 of subsection 34 (1) of the Regulation is amended by striking out “spouse” in the second line and substituting “spouse or same-sex partner”.

(2) Paragraph 2 of subsection 34 (1) of the Regulation is amended by striking out “spouse” in the second line and substituting “spouse or same-sex partner”.

(3) Paragraph 1 of subsection 34 (2) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same-sex partner” and by striking out “recipient or spouse” in the fourth line and substituting “recipient, spouse or same-sex partner”.

11. Sub-subparagraph 1 iv A of section 38 of the Regulation is amended by striking out “or spouse” in the second line and substituting “or a spouse or same-sex partner”.

12. Subsection 39 (2) of the Regulation is amended by striking out “the applicant, recipient or spouse included in the benefit unit” in the second line and substituting “the applicant or recipient or the spouse or same-sex partner included in the benefit unit”.

13. (1) The Table to subparagraph 1 ii of section 40 of the Regulation is amended by,

(a) striking out “Spouse” in the first, fifth and sixth columns of the first row and substituting in each case “Spouse or Same-Sex Partner”;

(b) striking out “spouse” in Note 1 and substituting “spouse or same-sex partner”;

(d) striking out Note 3 and substituting the following:

(2) Subparagraph 3 iii of section 40 of the Regulation is amended by striking out “family violence” at the end and substituting “domestic violence”.

14. Sub-subparagraph 1 vi B of subsection 43 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same-sex partner”.

15. (1) Paragraph 6 of subsection 44 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same-sex partner”.

(2) Paragraph 7 of subsection 44 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same-sex partner”.

16. Paragraph 1 of section 47 of the Regulation is amended by striking out “spouse” in the second line and substituting “spouse or same-sex partner”.

17. The English version of the heading immediately preceding section 51 of the Regulation is amended by striking out “Family”.

18. Part IX of the Regulation is revoked and the following substituted:

part ix
transition

72. (1) In this section,

“change in eligibility”, with respect to a recipient, means a change with respect to the recipient's eligibility for income support, the conditions of the recipient's continuing eligibility for income support or the amount of income support that the recipient is to receive, if that change results from amendments made to this Regulation by Ontario Regulation 33/00.

(2) The Director shall,

(a) review and update the information recorded with respect to each recipient affected by the change in eligibility; and

(b) make the determination required for the change in eligibility to take effect.

(3) A change in eligibility shall take effect with respect to a recipient on the day the Director makes the determination mentioned in clause (2) (b) with respect to that recipient.

19. This Regulation comes into force on the day section 47 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.

CORRECTION

This Regulation, as previously published on e-Laws, contained the following publication errors:

In the English version of the Regulation, French text appeared instead of English in sections 3 to 19. The French version of the Regulation was omitted.

These errors were corrected on November 4, 2008.

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O. Reg. 33/00: GENERAL

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