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ontario regulation 394/04

made under the

Ontario Disability Support Program Act, 1997

Made: December 8, 2004
Filed: December 15, 2004
Printed in The Ontario Gazette: January 1, 2005

Amending O. Reg. 222/98

(General)

1. (1) Paragraphs 1 and 2 of subsection 8 (1) of Ontario Regulation 222/98 are revoked and the following substituted:

1. Subject to subsection (2), a person,

i. against whom a deportation order has been made under the Immigration Act (Canada), or with respect to whom a departure order or an exclusion order under that Act has become effective, or

ii. with respect to whom a removal order has become enforceable under the Immigration and Refugee Protection Act (Canada).

2. A person who is a visitor, unless the person,

i. has made a claim for refugee status under the Immigration Act (Canada),

ii. has made a claim for refugee protection under the Immigration and Refugee Protection Act (Canada), or

iii. has made an application for status as a permanent resident under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada).

(2) Clause 8 (2) (b) of the Regulation is revoked and the following substituted:

(b) the person has made an application for status as a permanent resident on the basis of humanitarian or compassionate considerations, as referred to in subsection 114 (2) of the Immigration Act (Canada) or subsection 25 (1) of the Immigration and Refugee Protection Act (Canada).

2. Clause 11 (2) (a) of the Regulation is revoked and the following substituted:

(a) any compensation or contribution to the support or maintenance of a member of the benefit unit that may result from an undertaking given with respect to that member under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is compensation or a financial resource to which the person is entitled;

3. (1) Clause 24 (1) (b) of the Regulation is revoked and the following substituted:

(b) refuses, or fails to make reasonable efforts, to participate in employment assistance activity that has been required under subsection 29 (1) of that regulation, other than an employment assistance activity referred to in paragraph 8 or 8.1 of section 26 of that regulation; or

 (2) Section 24 of the Regulation is amended by adding the following subsection:

(1.1) The income support shall be reduced by the sum of the budgetary requirements and benefits for the dependent adult, except that the amount of the benefit, if any, to be paid under subparagraph 1 i of subsection 44 (1) shall not be included in the sum if the Director is satisfied that the dependent adult requires the drugs referred to in that subparagraph for a serious illness or serious health condition.

(3) Subsection 24 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) The income support shall be reduced under subsection (1.1),

. . . . .

4. (1) Paragraph 12 of subsection 28 (1) of the Regulation is revoked and the following substituted:

12. That portion of a student or trainee loan, grant or award approved by the Director, so long as the person for whose benefit the loan, grant or award is provided remains in attendance in the program of study or training for which it is intended.

(2) Paragraph 14 of subsection 28 (1) of the Regulation is amended by striking out “Subject to subsections (2) and (2.1)” in the portion before subparagraph i and substituting “Subject to subsection (2)”.

(3) Subsection 28 (1) of the Regulation is amended by adding the following paragraphs:

14.1 Subject to subsection (2), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.

14.2 Subject to subsection (2), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act.

(4) Paragraph 17 of subsection 28 (1) of the Regulation is amended by striking out “in property” in the portion before subparagraph i and substituting “in real property”.

(5) Subparagraph 17 i of subsection 28 (1) of the Regulation is revoked and the following substituted:

i. if the person with the interest in the real property is making reasonable efforts to sell his or her interest.

(6) Subparagraph 17 ii of subsection 28 (1) of the Regulation is revoked.

(7) Paragraph 18 of subsection 28 (1) of the Regulation is revoked and the following substituted:

18. An interest in real property of a dependent child, other than an interest described in paragraph 1 or 3, if reasonable efforts are being made to sell the property.

(8) Paragraphs 25, 26 and 27 of subsection 28 (1) of the Regulation are revoked and the following substituted:

25. 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 paragraph 9 of section 26 of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 if, within a reasonable period as determined by the Director, it is to be used for the person’s post-secondary education.

26. A Registered Education Savings Plan, as defined in section 146.1 of the Income Tax Act (Canada), held by a subscriber in respect of a beneficiary who is related to the subscriber by blood, marriage or adoption.

(9) Subsection 28 (1) of the Regulation is amended by adding the following paragraphs:

32. The earnings of a dependent child or the amount paid to a dependent child under a training program.

33. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money, in the opinion of the Director, will be applied within a reasonable period to a purpose set out in paragraph 20 of subsection 43 (1).

34. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income, if, in the opinion of the Director, the payment will be used within a reasonable period for the purpose for which it was made.

(10) Subsection 28 (2) of the Regulation is revoked and the following substituted:

(2) The total amount allowed under paragraphs 14, 14.1 and 14.2 of subsection (1) shall not exceed $100,000 unless the Director is satisfied that the amount exceeding $100,000,

(a) is paid with respect to expenses referred to in subparagraph 14 ii of subsection (1); or

(b) is used or is to be used for a purpose set out in paragraph 9 of subsection 43 (1).

(11) Subsection 28 (2.1) of the Regulation is revoked.

5. Subsection 32 (1) of the Regulation is amended by adding “and” at the end of clause (h), by striking out “and” at the end of clause (i) and by revoking clause (j).

6. The Regulation is amended by adding the following section:

Budgetary Requirements for Residents of Interval and Transition Homes

33.1 (1) Subject to subsection (2), an applicant’s or recipient’s budgetary requirements are determined under section 30 or subsection 33 (1), as the case may be, if the applicant or recipient,

(a) is a resident in an interval or transition home for abused women; and

(b) needs assistance for the cost of shelter for her previous dwelling place in order to preserve her right to return to occupy that dwelling place as her principal residence.

(2) The Director may reduce the budgetary requirements of an applicant or recipient to whom subsection (1) applies to an amount that is not less than the sum of $112 for each member of the benefit unit after three months of the person having her budgetary requirements determined in accordance with subsection (1).

(3) The budgetary requirements of an applicant or recipient who is a resident in an interval or transition home but to whom subsection (1) does not apply are an amount equal to $112 for each member of the benefit unit. 

7. (1) Section 40 of the Regulation is amended by adding “or the Immigration and Refugee Protection Act (Canada)” after “the Immigration Act (Canada)” in the portion before paragraph 1.

(2) Paragraph 1 of section 40 of the Regulation is amended by adding “or the Immigration and Refugee Protection Act (Canada)” after “the Immigration Act (Canada)” in the portion before subparagraph i.

(3) Paragraph 2 of section 40 of the Regulation is revoked.

(4) Paragraph 3 of section 40 of the Regulation is revoked and the following substituted:

3. The amount calculated under paragraph 1 shall be deemed to be zero if,

i. the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is himself or herself in receipt of or eligible for social assistance,

ii. the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) is himself or herself in receipt of a payment under Part II of the Old Age Security Act (Canada) or a payment under the Ontario Guaranteed Annual Income Act,

iii. the member of the benefit unit establishes to the satisfaction of the Director that there has been a breakdown in the undertaking by reason of domestic violence,

iv. the member of the benefit unit establishes to the satisfaction of the Director that he or she has a legal obligation to contribute to one or more of the elements of shelter cost set out in paragraphs 1 to 10 of subsection 31 (1) for the dwelling place where the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) and the member of the benefit unit reside or for the accommodation owned or controlled in whole or in part by the person giving the undertaking where the member of the benefit unit resides, or

v. the member of the benefit unit establishes to the satisfaction of the Director that he or she is required by the person giving the undertaking under the Immigration Act (Canada) or the Immigration and Refugee Protection Act (Canada) to pay for shelter in order to continue to reside in the dwelling place of that person or in accommodation owned or controlled in whole or in part by that person.

8. Section 41 of the Regulation is amended by adding the following paragraph:

13. Subject to subsections 43 (2) and (5), an amount received as compensation for non-economic loss under section 46 of the Workplace Safety and Insurance Act, 1997 or section 42 of the Workers’ Compensation Act.

9. (1) Paragraph 11 of section 42 of the Regulation is revoked and the following substituted:

11. A Canada Education Savings Grant.

(2) Section 42 of the Regulation is amended by adding the following paragraph:

13. A loan, including a forgiven loan, or contribution received from the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada).

10. (1) Subparagraph 1 v of subsection 43 (1) of the Regulation is revoked and the following substituted:

v. guaranteed under section 8 of the Ministry of Training, Colleges and Universities Act or made under the Canada Student Financial Assistance Act and, in either case, received by or on behalf of a student and relating to tuition, other compulsory fees, books, instructional supplies or transportation for the purpose of the definition of “education costs” in subsection 1 (1) of Regulation 774 of the Revised Regulations of Ontario, 1990 (Ontario Student Loans made before August 1, 2001) made under the Ministry of Training, Colleges and Universities Act or for the purpose of section 11 of Ontario Regulation 268/01 (Ontario Student Loans made after July 31, 2001) made under that Act,

(2) Subsection 43 (1) of the Regulation is amended by adding the following paragraph:

2.1 The portion of an award or grant, other than an award or grant under paragraph 2, or loan, other than a loan under subparagraphs 1 v and vi, that is approved by the Director for training or post-secondary education and that is or will be applied within a reasonable period to the cost of tuition, other compulsory fees, books, instructional supplies and equipment and transportation, if the person for whose benefit the award, grant or loan is provided is attending or will be attending the training or program of study for which it is intended.

(3) Paragraph 4 of subsection 43 (1) of the Regulation is amended by striking out “Subject to subsections (2), (3) and (5)” in the portion before subparagraph i and substituting “Subject to subsections (2) and (5)”.

(4) Subsection 43 (1) of the Regulation is amended by adding the following paragraph:

4.1 Subject to subsections (2) and (5), an amount received as an award for damages under clause 61 (2) (e) of the Family Law Act to compensate for loss of guidance, care and companionship as a result of death or injury.

(5) Paragraph 9 of subsection 43 (1) of the Regulation is revoked and the following substituted:

9. Payments from a trust or from a life insurance policy, gifts or other voluntary payments, that are applied to,

i. expenses for disability related items or services for a member of the benefit unit that are approved by the Director and that are not and will not be otherwise reimbursed, or

ii. education or training expenses that,

A. are incurred with respect to a member of the benefit unit because of that person’s disability, and

B. are not and will not be otherwise reimbursed.

9.1 Payments, other than payments under paragraph 9, that are made pursuant to a court order or under a government funded program and that are specifically made for a purpose listed in paragraph 9 and are applied to that purpose.

(6) Paragraph 13 of subsection 43 (1) of the Regulation is amended by striking out “a maximum of $4,000” and substituting “a maximum of $5,000”.

(7) Paragraph 15 of subsection 43 (1) of the Regulation is revoked and the following substituted:

15. The interest earned from and reinvested into the Registered Education Savings Plan referred to in paragraph 26 of subsection 28 (1).

15.1 A gift or voluntary payment received for the purpose of making a contribution to a Registered Education Savings Plan, if the gift or payment is contributed as soon as practicable to a Registered Education Savings Plan that is exempt under paragraph 26 of subsection 28 (1).

15.2 An Educational Assistance Payment received from a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada) that is or will be applied, within a reasonable period, to the cost of tuition, other compulsory fees, books, instructional supplies and equipment, transportation and post-secondary education expenses related to the person’s disability, approved by the Director.

15.3 A payment of contributions from a Registered Education Savings Plan as defined in section 146.1 of the Income Tax Act (Canada) to the subscriber or to the beneficiary if the payment is or will be applied by the beneficiary, within a reasonable period, to the cost of tuition, other compulsory fees, books, instructional supplies and equipment, transportation and post-secondary education expenses related to the person’s disability, approved by the Director.

(8) Subsection 43 (1) of the Regulation is amended by adding the following paragraphs:

19. Grants received from the Home and Vehicle Modification Program funded under the Ministry of Community and Social Services Act.

20. Money paid under a contract of insurance for loss of or damage to real or personal property of a member of a benefit unit if the money is applied to or, if the Director approves, will be applied to,

i. the purchase or repair of an asset that, under section 28, is not included as an asset,

ii. the purchase or repair of any other asset that, in the opinion of the Director, is necessary for the health or welfare of a member of the benefit unit,

iii. the purchase or repair of an asset that does not result in the recipient exceeding the prescribed limit for assets under section 27,

iv. additional living expenses, including temporary shelter costs, if a peril covered by the contract of insurance makes the recipient’s dwelling place used as principal residence unfit for occupancy, or

v. debt obligations of a member of the benefit unit.

21. Payments made by a local Disaster Relief Committee established pursuant to the Ontario Disaster Relief Assistance Program administered by the Ministry of Municipal Affairs and Housing, other than payments for loss of income.

(9) Subsection 43 (2) of the Regulation is revoked and the following substituted:

(2) The total amount allowed under paragraph 13 of section 41 and paragraphs 4 and 4.1 of subsection (1) shall not exceed $100,000 unless the Director is satisfied that the amount exceeding $100,000,

(a) is paid with respect to expenses referred to in subparagraph 4 ii of subsection (1); or

(b) is used or is to be used for a purpose set out in paragraph 9 of subsection (1).

(10) Subsection 43 (3) of the Regulation is revoked.

(11) Subsection 43 (5) of the Regulation is revoked and the following substituted:

(5) The exemptions from income under paragraph 13 of section 41 and paragraph 4, 4.1, 10 or 11 of subsection (1) apply if the recipient files an annual report in a form approved by the Director documenting all income and expense transactions relating to the assets for the year with respect to which the report is filed. 

11. (1) Paragraph 2 of subsection 44 (1) of the Regulation is revoked and the following substituted:

winter clothing for children

2. An amount equal to $105 to be paid once in a year for winter clothing for each dependent child of a recipient if,

i. the recipient is eligible for income support in October or in a subsequent month of the year,

ii. the recipient has one or more dependent children in October or in a subsequent month of the year,

iii. there has not been a payment in the year under paragraph 2 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 for winter clothing for the dependent child, and

iv. there has not been a payment in the year under this paragraph or under paragraph 2 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 for winter clothing for the dependent child when he or she was the dependent child of another recipient under the Ontario Disability Support Program Act, 1997 or under the Ontario Works Act, 1997.

(2) Paragraph 3 of subsection 44 (1) of the Regulation is revoked and the following substituted:

back to school

3. An amount, as set out in subsection (1.0.1), to be paid once in a year on behalf of each dependent child of the recipient for back to school expenses if,

i. the recipient is eligible for income support in July or in a subsequent month of the year,

ii. the recipient has one or more dependent children in July or in a subsequent month of the year,

iii. there has not been a payment in the year under paragraph 3 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 for back to school expenses on behalf of the dependent child, and

iv. there has not been a payment in the year under this paragraph or under paragraph 3 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 for back to school expenses on behalf of the dependent child when he or she was the dependent child of another recipient under the Ontario Disability Support Program Act, 1997 or under the Ontario Works Act, 1997.

(3) Paragraph 4 of subsection 44 (1) of the Regulation is revoked and the following substituted:

community start up and maintenance

4. An amount, not exceeding the maximum amount to which a recipient is entitled under subsection (1.1), in respect of a residence if,

i. the recipient will be establishing a new principal residence or will be remaining in his or her current residence,

ii. the Director is satisfied that the recipient will need financial assistance to establish the new principal residence or to remain in his or her current residence,

iii. the recipient,

A. is being discharged from an institution that provided for his or her basic needs and shelter,

B. has satisfied the Director that it would be harmful to his or her health or welfare to remain in his or her current residence,

C. has been evicted from his or her current residence,

D. has received a notice of termination or a notice to quit with respect to his or her tenancy or a final demand for payment under a mortgage and has satisfied the Director that, if a payment is made, he or she will not be evicted from his or her current residence, 

E. has had a utility within the meaning of paragraph 8 of subsection 31 (1) or the energy for heat as described in paragraph 10 of subsection 31 (1) to the current residence discontinued and has satisfied the Director that if a payment is made the utility or energy will be resumed, or

F. has received a notice that a utility within the meaning of paragraph 8 of subsection 31 (1) or the energy for heat as described in paragraph 10 of subsection 31 (1) to the current residence will be discontinued and has satisfied the Director that if a payment is made the utility or energy will not be discontinued, and

iv. the recipient,

A. has not received payments under this paragraph or under paragraph 4 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 or has received payments that in total are not greater than the maximum amount to which the recipient is entitled under subsection (1.1) within the preceding 24 months, or

B. has received payments under this paragraph or under paragraph 4 of subsection 55 (1) of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997 within the preceding 24 months the total of which equal the maximum amount to which the recipient is entitled under subsection (1.1), but the Director approves additional payments that in total are not greater than the maximum amount to which the recipient is entitled under subsection (1.1) because of exceptional circumstances.

(4) Subparagraph 8 i of subsection 44 (1) of the Regulation is revoked and the following substituted:

i. with respect to which a loan is received through the Residential Rehabilitation Assistance Program authorized by section 51 of the National Housing Act (Canada),

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

(1.0.1) The amount payable under paragraph 3 of subsection (1) is,

(a) $69 for each dependent child who is or will be in school and who is four years of age or more as of December 31 of the year and less than 13 years of age as of December 31 of the year; and

(b) $128 for each dependent child who is or will be in school and who is 13 years of age or more as of December 31 of the year.

(6) Subsection 44 (1.1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1.1) Subject to the approval by the Director under sub-subparagraph 4 iv B of subsection (1) of an additional payment under exceptional circumstances, the maximum amount payable under paragraph 4 of subsection (1) in any 24-month period is,

. . . . .

(7) Section 44 of the Regulation is amended by adding the following subsections:

(6) If, as a result of the actions of a dependent adult, a recipient’s income support is reduced under section 24 for a period determined under subsection 24 (2), the benefit set out in subparagraph 1 i of subsection (1) shall be paid with respect to the dependent adult during that period, if the Director is satisfied that the dependent adult meets the criteria set out in that subparagraph and requires the drugs referred to in that subparagraph for a serious illness or serious health condition.

(7) The condition in subsection (1) that income support must be paid on behalf of a member of a benefit unit in order for the member to be eligible for a benefit set out in a paragraph or subparagraph of subsection (1) is not satisfied if the only income support being paid on behalf of the member is one or more benefits set out in another paragraph or subparagraph of subsection (1).

12. Subclause 45 (3) (c) (i) of the Regulation is revoked and the following substituted:

(i) a member of a benefit unit under the Act,

13. Part VI of the Regulation is amended by adding the following section:

Discretionary Benefit

45.2 The Director may pay a benefit to a recipient in an amount determined by the Director, in order to assist the recipient in paying for low-cost energy-conservation measures to the recipient’s principal residence that have been approved in advance by the Director.

14. (1) Subsection 46 (1) of the Regulation is amended by striking out “substantial physical or mental impairment” in the portion before paragraph 1 and substituting “physical or mental impairment”.

(2) Subsection 46 (2) of the Regulation is amended by striking out “substantial restriction” in the portion before paragraph 1 and substituting “restriction”.

(3) Subsection 46 (2) of the Regulation is amended by adding the following paragraph:

4. A member of the Ontario College of Social Workers and Social Service Workers who is a registered social worker in accordance with Ontario Regulation 383/00 (Registration) made under the Social Work and Social Service Work Act, 1998.

(4) Paragraph 6 of subsection 46 (2) of the Regulation is revoked and the following substituted:

6. A member of the College of Audiologists and Speech-Language Pathologists of Ontario.

(5) Subsection 46 (2) of the Regulation is amended by adding the following paragraph:

7. A registered nurse who is a member of the College of Nurses of Ontario.

15. Section 55 of the Regulation is revoked and the following substituted:

discharging a lien

55. (1) This section applies if,

(a) before the day this section came into force,

(i) the Director, as a condition of eligibility for income support, required a person who owned or had an interest in land in Ontario and to whom section 7 of the Act applied to consent to the Ministry having a lien against the land,

(ii) the person consented to the Ministry having a lien against the land, and

(iii) the Director registered a notice of lien against the land in the appropriate registry or land titles office; and

(b) no discharge of the lien has been registered against the land in the appropriate registry or land titles office.

(2) At the request of a person with an interest in the land against which the notice of lien is registered, the Director shall prepare a discharge of the lien and shall provide it to the person, regardless of whether the lien amount has been repaid.

(3) The Director may register a discharge of the lien against the land in the appropriate registry or land titles office, regardless of whether the lien amount has been repaid.

(4) A person who repaid all or any part of the lien amount before the day this section came into force is not entitled to reimbursement of the amount repaid.

16. Subsection 59 (3) of the Regulation is revoked and the following substituted:

(3) A report described in paragraph 5 of subsection 14 (2) that was not provided to the Director before his or her decision was made shall be considered on the internal review of the decision, if the report relates to the applicant’s or recipient’s condition at the effective date of the Director’s decision.

17. Clause 64 (1) (b) of the Regulation is revoked and the following substituted:

(b) it is submitted to the Tribunal and the Director for a review by the Disability Adjudication Unit at least 30 days before the date of the hearing.

18. (1) Subsection 65 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) Unless the parties agree otherwise, a party who intends to produce written or documentary evidence or written submissions, other than reports referred to in subsections 64 (1) and (2), at an oral hearing shall provide copies of that evidence or those submissions to the other parties and the Tribunal,

. . . . .

(2) Subsection 65 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3) If a party does not produce evidence or submissions in accordance with subsection 62 (2), clause 64 (1) (b) or subsection (2), the Tribunal may, on the terms and conditions it considers appropriate,

. . . . .

 

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