O. Reg. 165/07: GENERAL

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ontario regulation 165/07

made under the

Ontario Disability Support Program Act, 1997

Made: April 18, 2007
Filed: April 20, 2007
Published on e-Laws: April 23, 2007
Printed in The Ontario Gazette: May 5, 2007

Amending O. Reg. 222/98

(General)

1. Subsection 1 (1) of Ontario Regulation 222/98 is amended by adding the following definition:

“Indian Residential Schools Settlement Agreement” means the Indian Residential Schools Settlement Agreement concluded on May 8, 2006 between Canada and plaintiffs represented by the National Consortium and the Merchant Law Group, and Independent Counsel, and the Assembly of First Nations and Inuit Representatives and the General Synod of the Anglican Church of Canada, the Presbyterian Church of Canada, the United Church of Canada and Roman Catholic Entities; (“Accord de règlement relatif aux pensionnats indiens ”) 

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

7. Persons in receipt of a disability pension under paragraph (b) of section 105 of An Act Respecting the Quebec Pension Plan.

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

(4) For the purpose of paragraph 7 of subsection (1), a person shall be deemed to be in receipt of a disability pension under An Act Respecting the Quebec Pension Plan for three months following the last month in which he or she receives the pension. 

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

27. A payment received under the Pre-1986/Post-1990 Hepatitis C Settlement Agreement made as of December 14, 2006 among the Attorney General of Canada and Class Action Representative Plaintiffs, other than a payment for loss of income under section 2.05 of the Agreement, a payment for loss of services under section 2.06 of the Agreement and compensation to dependants under section 4.04 of the Agreement.

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

35. An amount received as compensation, other than compensation for loss of income, related to a claim of abuse sustained at an Indian residential school, including compensation received under the Indian Residential Schools Settlement Agreement.

36. A personal credit within the meaning of section 5.07 of the Indian Residential Schools Settlement Agreement.

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

37. Items provided under the Energy Efficiency Assistance Program for Houses, a program of the Ontario Power Authority.

4. (1) Section 41 of the Regulation is amended by adding the following paragraphs:

4.1 A payment made by a children’s aid society on behalf of a child receiving services under the Child and Family Services Act, if the society has determined that under clause 4 (1) (b) of Ontario Regulation 206/00 (Procedures, Practices and Standards of Service for Child Protection Cases), made under the Child and Family Services Act, that there are reasonable and probable grounds to believe that the child is in need of protection and the child has not been placed in the society’s care,

i. by an agreement entered into under subsection 29 (1) of the Child and Family Services Act, or

ii. by an order made under clause 51 (2) (d), paragraph 2, 3 or 4 of subsection 57 (1), subsection 65 (1) or clause 65.2 (1) (c) of the Child and Family Services Act.

4.2 A payment made by a children’s aid society on behalf of a child in the custody of a person pursuant to an order made under clause 65.2 (1) (b) of the Child and Family Services Act.

(2) Section 41 of the Regulation is amended by adding the following subsection:

(2) The value of items and services provided under the Energy Efficiency Assistance Program for Houses, a program of the Ontario Power Authority shall not be included in income. 

5. Section 42 of the Regulation is amended by adding the following paragraphs:

15. A payment received under the Pre-1986/Post-1990 Hepatitis C Settlement Agreement made as of December 14, 2006 among the Attorney General of Canada and Class Action Representative Plaintiffs, other than a payment for loss of income under section 2.05 of the Agreement, a payment for loss of services under section 2.06 of the Agreement and compensation to dependants under section 4.04 of the Agreement.

16. A payment from a municipality or a Tribal Council, on behalf of the Department of Indian Affairs and Northern Development (Canada), received between October 2005 and September 2006 by an evacuee from that part of the Fort Albany No. 67 Reserve on which members of the Kashechewan First Nation reside.

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

22. An amount received as compensation, other than compensation for loss of income, related to a claim of abuse sustained at an Indian residential school, including compensation received under the Indian Residential Schools Settlement Agreement.

23. A personal credit within the meaning of section 5.07 of the Indian Residential Schools Settlement Agreement. 

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

24. A death benefit payment under An Act Respecting the Quebec Pension Plan.

7. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.

(2) Subsections 3 (2) and 6 (1) are deemed to have come into force on May 1, 2006.

(3) Subsections 3 (3) and 4 (2) are deemed to have come into force on November 1, 2006.

(4) Subsection 4 (1) is deemed to have come into force on February 1, 2007.

 

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