O. Reg. 36/00: GENERAL

 

ONTARIO REGULATION 36/00

made under the

family benefits act

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

Amending Reg. 366 of R.R.O. 1990

(General)

Note: Since the end of 1998, Regulation 366 has been amended by Ontario Regulations 169/99 and 240/99.  Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. (1) Subsection 1 (1) of Regulation 366 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“same–sex partner” means,

(a) a person of the same sex as an applicant or recipient who together with the applicant or recipient have declared to the Director that they are same–sex partners,

(b) a person of the same sex as an applicant or recipient who is required under the provisions of a court order or domestic contract to support the applicant or recipient or any of his or her dependent children,

(c) a person of the same sex as an applicant or recipient who has an obligation to support the applicant or recipient or any of his or her dependent children under section 30 or 31 of the Family Law Act despite 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 an applicant or recipient who is residing in the same dwelling place as the applicant or recipient if,

(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,

and the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation.

(2) The definition of “single person” in subsection 1 (1) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same–sex partner”.

(3) The definition of “spouse” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“spouse” means,

(a) a person of the opposite sex to an applicant or recipient who together with the applicant or recipient have declared to the Director or a welfare administrator appointed under section 4 of the General Welfare Assistance Act that they are spouses,

(b) a person of the opposite sex to an applicant or recipient who is required under the provisions of a court order or domestic contract to support the applicant, recipient or any of his or her dependent children,

(c) a person of the opposite sex to an applicant or recipient who has an obligation to support the applicant or recipient or any of his or her dependent children under section 30 or 31 of the Family Law Act despite 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 an applicant or recipient who is residing in the same dwelling place as the applicant or recipient if,

(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,

and the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation.

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

(5) Subsection 1 (3) of the Regulation is revoked.

2. Clause 2 (7) (b) of the Regulation is amended by striking out “spouse” in the first line and in the second line and substituting in each case “spouse or same–sex partner”.

3. (1) Subclause 5 (b) (i) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

(2) Clause 5 (d) of the Regulation is revoked.

4. (1) Subsection 13 (15) of the Regulation is amended by striking out “or nominating relative” in the second line.

(2) Subsection 13 (17) of the Regulation is amended by striking out “family violence” at the end and substituting “domestic violence”.

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

Transition

43. (1) In this section,

“change in eligibility”, with respect to a recipient, means a change with respect to the recipient’s eligibility for benefits, the conditions of the recipient’s continuing eligibility for benefits or the amount of benefits that the recipient is to receive, if that change results from amendments made to this Regulation by Ontario Regulation 36/00.

(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.

6. 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.