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ONTARIO REGULATION 108/12

made under the

LONG-TERM CARE HOMES ACT, 2007

Made: May 16, 2012
Filed: May 25, 2012
Published on e-Laws: May 25, 2012
Printed in The Ontario Gazette: June 9, 2012

Amending O. Reg. 79/10

(GENERAL)

Note: Ontario Regulation 79/10 has previously been amended. For the legislative history of the Regulation, see the Table of Consolidated Regulations – Detailed Legislative History at www.e-Laws.gov.on.ca.

1.  (1)  The definition of “term” in subsection 248 (1) of Ontario Regulation 79/10 is amended by striking out “30th” and substituting “90th” in the following provisions:

1. Clause (a).

2. Clause (e).

(2)  Subsection 248 (2) of the Regulation is revoked.

2.  (1)  Clauses (e), (f) and (g) of the definition of “annual net income” in subsection 249 (1) of the Regulation are revoked and the following substituted:

(e) a lump sum representing income that was used to pay for the consumer contribution for an assistive device under the Assistive Devices Program administered by the Ministry, up to the amount approved under that program,

(f) a lump sum representing income that was used to pay for the accommodation in a previous term, but that is determined by the Director to not be available to the resident in the current term,

(g) any amount payable for a period of time when the resident was not receiving a reduction in the amount payable for basic accommodation pursuant to section 253 that the Director has determined is not available to the resident in the current term, in an amount determined by the Director.

(2)  Subsection 249 (2) of the Regulation is amended by striking out “the income from those sources” in the portion before paragraph 1 and substituting “the net amount from those sources”.

(3)  Paragraph 3 of subsection 249 (2) of the Regulation is revoked and the following substituted:

3. Any support payments due and owing to the resident under an agreement or court order for support existing at the time of the application, and that are determined by the Director to be reasonably collectible by the resident.

(4)  Subsections 249 (3), (4), (5) and (6) of the Regulation are revoked and the following substituted:

(3)  Any benefits under the War Veterans Allowance Act (Canada) or Pension Act (Canada) or under the Veterans Health Care Regulations under the Department of Veterans Affairs Act (Canada) and any non-taxable benefits under the Canadian Forces Members and Veterans Re-establishment and Compensation Act (Canada) shall not be considered in determining annual net income.

(4)  Any benefits, entitlements, supplements, settlements or other financial assistance that the resident receives pursuant to an Act of the Parliament of Canada, legislature of a province or territory, or any foreign government, that are directed for a specified purpose and that the Director determines should not be considered in determining annual net income shall not be considered in determining annual net income.

(5)  Despite the requirement under section 253 to provide a Notice of Assessment for the most recent taxation year, where a resident was admitted to a home within the year before the application was submitted, and the resident does not have a Notice of Assessment, the Director may consider other supporting documentation demonstrating the resident’s income to determine the equivalent of the resident’s annual net income.

3.  The definition of “private policy of insurance” in section 250 of the Regulation is amended by striking out “that are not taxable under the Income Tax Act (Canada)” in the portion before paragraph 1.

4.  Subsection 251 (4) of the Regulation is revoked and the following substituted:

(4)  A spouse or child who is a part of a benefit unit, other than the benefit unit of the resident, that is receiving income support under the Ontario Disability Support Program Act, 1997 or basic financial assistance under the Ontario Works Act, 1997 is not a dependant.

5.  (1)  Clause 253 (2) (c) of the Regulation is revoked and the following substituted:

(c) must include the Notice of Assessment issued under the Income Tax Act (Canada) for the resident’s most recent taxation year, unless,

(i) the resident is receiving income support under the Ontario Disability Support Program Act, 1997, or

(ii) the Public Guardian and Trustee is the guardian of property for the resident.

(2)  Subsection 253 (9) of the Regulation is revoked.

(3)  Subsection 253 (15) of the Regulation is amended by striking out “years” and substituting “terms”.

(4)  Subsection 253 (16) of the Regulation is revoked and the following substituted:

(16)  If the Director determines that the resident should have paid a higher maximum amount in prior terms, the resident shall repay the difference to the licensee before obtaining any further reduction under this section.

(16.1)  For a term that begins on July 1, 2012, the Director may retroactively adjust the maximum amount payable under this section that was determined for the same resident in prior terms as if the amendments made by Ontario Regulation 108/12 had been in force during the terms.

(5)  Subsection 253 (19) of the Regulation is amended by adding “under this section” at the end.

Commencement

6.  This Regulation comes into force on July 1, 2012.

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