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ontario regulation 377/16

made under the

Ontario Disability Support Program Act, 1997

Made: November 16, 2016
Filed: November 21, 2016
Published on e-Laws: November 21, 2016
Printed in The Ontario Gazette: December 10, 2016

Amending O. Reg. 222/98

(GENERAL)

1. Clause 9 (b) of Ontario Regulation 222/98 is revoked and the following substituted:

(b) is on temporary absence, parole or probation or serving a conditional sentence and is residing in a community residence if the person’s placement is funded in whole or in part by Correctional Service Canada.

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

31.4 Payments received by a class member under the Settlement Agreement in the class action Clegg v. Her Majesty the Queen in Right of the Province of Ontario that was approved by the Superior Court of Justice on April 25, 2016 (Court File No.: CV-14-50642300CP).

(2) Paragraph 34 of subsection 28 (1) of the Regulation is amended by striking out “Ministry of Municipal Affairs and Housing” and substituting “Ministry of Municipal Affairs”.

(3) Paragraph 41 of subsection 28 (1) of the Regulation is amended by striking out “Ministry of Municipal Affairs and Housing’s” and substituting “Ministry of Housing’s”.

(4) Paragraph 43 of subsection 28 (1) of the Regulation is amended by striking out “the Ministry of Economic Development, Trade and Employment and the Ministry of Training, Colleges and Universities” and substituting “the Ministry of Economic Development and Growth and the Ministry of Advanced Education and Skills Development”.

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

48. Payments made under the Government of Canada’s Thalidomide Survivors Contribution Program.

3. Paragraph 4 of subsection 32 (2) of the Regulation is revoked and the following substituted:

4. A community residence if the applicant or recipient is on temporary absence, parole or probation or is serving a conditional sentence and if his or her placement in the community residence is funded in whole or in part by the Ministry of Community Safety and Correctional Services.

4. (1) Paragraph 2 of subsection 33 (1) of the Regulation is revoked and the following substituted:

2. If the applicant or recipient has one or more dependants but no spouse, an amount equal to the sum of the following:

i. An amount for the eldest dependant of,

A. $233 if the eldest dependant is aged 12 years or younger,

B. $268 if the eldest dependant is aged 13 to 17 years, or

C. $446 if the eldest dependant is aged 18 years or older.

ii. $97 for each additional dependant aged 12 years or younger.

iii. $132 for each additional dependant aged 13 to 17 years.

iv. $218 for each additional dependant aged 18 years or older.

2.1 If the applicant or recipient has a spouse and one or more other dependants, an amount equal to the sum of the following for each dependant other than the spouse:

i. $97 for each dependant aged 12 years or younger.

ii. $132 for each dependant aged 13 to 17 years.

iii. $218 for each dependant aged 18 years or older.

(2) The Table to paragraph 2 of subsection 33 (1) of the Regulation is revoked.

5. Paragraph 19.1 of subsection 41 (1) of the Regulation is amended by striking out “Ministry of Municipal Affairs and Housing’s” and substituting “Ministry of Housing’s”.

6. Section 42 of the Regulation is amended by adding the following paragraph:

18. Payments made under the Government of Canada’s Thalidomide Survivors Contribution Program.

7. (1) Paragraph 2 of subsection 43 (1) of the Regulation is amended by striking out “the Ministry of Training, Colleges and Universities” and substituting “the Ministry of Advanced Education and Skills Development”.

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

18.4 Payments received by a class member under the Settlement Agreement in the class action Clegg v. Her Majesty the Queen in Right of the Province of Ontario that was approved by the Superior Court of Justice on April 25, 2016 (Court File No.: CV-14-50642300CP).

(3) Paragraph 21 of subsection 43 (1) of the Regulation is amended by striking out “Ministry of Municipal Affairs and Housing” and substituting “Ministry of Municipal Affairs”.

(4) Paragraphs 29 and 30 of subsection 43 (1) of the Regulation are amended by striking out “Ministry of Municipal Affairs and Housing” wherever it appears and substituting in each case “Ministry of Housing”.

(5) Paragraph 31 of subsection 43 (1) of the Regulation is amended by striking out “the Ministry of Economic Development, Trade and Employment and the Ministry of Training, Colleges and Universities” and substituting “the Ministry of Economic Development and Growth and the Ministry of Advanced Education and Skills Development”.

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

36. An orphan’s pension payment under the Act Respecting the Québec Pension Plan (Quebec).

8. Section 45 of the Regulation is amended by striking out “subparagraphs 1 i, ii, ii.1, iii, iii.1 and v” wherever it appears and substituting in each case “subparagraphs 1 i, ii, ii.1, iii, iii.1, v, vi and vii”.

Commencement

9. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsection 7 (6) comes into force on the later of January 1, 2017 and the day this Regulation is filed.

 

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