��������

ONTARIO REGULATION 32/00

made under the

�������� Works Act, 1997

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

Amending O. Reg. 134/98

(General)

Note: Since the end of 1998, �������� Regulation 134/98 has been amended by �������� Regulations 165/99, 170/99 and 238/99.�� Previous amendments are listed in the Table of Regulations in the Statutes of ��������, 1998.

1. (1) The definition of “dependant” in subsection 1 (1) of �������� Regulation 134/98 is amended by,

(a) striking out “spouse” in subclause (a) (i) and substituting “spouse or same–sex partner”;

(b) striking out “spouse” in the second line of subclause (a) (ii) and substituting “spouse or same–sex partner”;

(c) striking out “spouse” in the second line of subclause (a) (iii) and substituting “spouse or same–sex partner”; and

(d) striking out “spouse” in the first line of clause (b) and substituting “spouse or same–sex partner”.

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

“same–sex partner”, in relation to an applicant or recipient, means,

(a) a person of the same sex as the applicant or recipient, if the person and the applicant or recipient have together declared to the administrator or to the Director under the �������� Disability Support Program Act, 1997 that they are same–sex partners,

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

(c) a person of the same sex as the applicant or recipient who has an obligation to support the applicant or recipient or any of his or her dependants under section 30 or 31 of the Family Law Act, whether or not there is 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 the applicant or recipient who is residing in the same dwelling place as the applicant or recipient, if the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation and,

(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; (“partenaire de même sexe”)

(3) The definition of “sole support parent” in subsection 1 (1) of the Regulation is amended by striking out “spouse” in the second line and substituting “spouse or same–sex partner”.

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

“spouse”, in relation to an applicant or recipient, means,

(a) a person of the opposite sex to the applicant or recipient, if the person and the applicant or recipient have together declared to the administrator or to the Director under the �������� Disability Support Program Act, 1997 that they are spouses,

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

(c) a person of the opposite sex to the applicant or recipient who has an obligation to support the applicant or recipient or any of his or her dependants under section 30 or 31 of the Family Law Act, whether or not there is 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 the applicant or recipient who is residing in the same dwelling place as the applicant or recipient, if the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation and,

(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. (“conjoint”)

(5) Subsections 1 (2) and (3) of the Regulation are revoked and the following substituted:

(2) For the purpose of the definitions of “spouse” and “same–sex partner”, sexual factors shall not be investigated or considered in determining whether or not a person is a spouse or same–sex partner.

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

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

(3) Clause 2 (3) (a) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(4) Clause 2 (3) (c) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(5) The English version of subclause 2 (3) (c) (ii) of the Regulation is revoked and the following substituted:

(ii) is the parent with primary care and control of the child, if subclause (i) does not apply;

3. (1) Subsection 10 (1) of the Regulation is amended by striking out “an applicant, a recipient or a spouse of an applicant or recipient” in the second and third lines and substituting “an applicant or recipient or a spouse or same–sex partner of an applicant or recipient”.

(2) Paragraph 1 of subsection 10 (7) of the Regulation is revoked and the following substituted:

1. Participate in counselling together with one or more of the person’s parents, if the parent or parents are willing to participate in the counselling.

4. Subsection 18 (1) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same–sex partner”.

5. Subsection 19 (1) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same–sex partner”.

6. (1) Subsection 20 (1) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same–sex partner”.

(2) Subsection 20 (4) of the Regulation is amended by,

(a) striking out “spouse” in the second line and substituting “spouse or same–sex partner”; and

(b) striking out “applicant or spouse” in the third line and substituting “applicant, spouse or same–sex partner”.

7. Paragraph 1 of section 31 of the Regulation is revoked and the following substituted:

1. An applicant or recipient under the �������� Disability Support Program Act, 1997 or a spouse or same–sex partner included in an applicant’s or a recipient’s benefit unit under that Act.

8. (1) Clause 38 (1) (b) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(2) Clause 38 (1) (c) of the Regulation is amended by striking out “spouse” in the first line and in the third line and substituting in each case “spouse or same–sex partner”.

(3) Clause 38 (1) (d) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(4) Subsection 38 (2) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

9. Paragraph 14 of subsection 39 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

10. (1) The first row of the Table to paragraph 1 of section 41 of the Regulation is amended by striking out “Spouse” in the first column and in the fifth column and substituting in each case “Spouse or Same–Sex Partner”.

(2) The first row of the Table to paragraph 2 of section 41 of the Regulation is amended by striking out “Spouse” in the first column and in the third column and substituting in each case “Spouse or Same–Sex Partner”.

11. (1) The first row of the Table to paragraph 1 of subsection 44 (1) of the Regulation is amended by striking out “Spouse” in the first column and in the third column and substituting in each case “Spouse or Same–Sex Partner”.

(2) The first row of the Table to paragraph 2 of subsection 44 (1) of the Regulation is amended by striking out “Spouse” in the first column and in the third column and substituting in each case “Spouse or Same–Sex Partner”.

(3) Subsection 44 (3) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same–sex partner”.

(4) The first row of the Table to paragraph 1 of subsection 44 (3) of the Regulation is amended by striking out “Spouse” in the first column and in the fifth column and substituting in each case “Spouse or Same–Sex Partner”.

(5) The first row of the Table to paragraph 2 of subsection 44 (3) of the Regulation is amended by striking out “Spouse” in the first column and in the third column and substituting in each case “Spouse or Same–Sex Partner”.

12. (1) Paragraph 1 of subsection 45 (1) of the Regulation is amended by striking out “spouse” in the second line and substituting “spouse or same–sex partner”.

(2) Paragraph 2 of subsection 45 (1) of the Regulation is amended by striking out “spouse” in the second line and substituting “spouse or same–sex partner”.

(3) Paragraph 1 of subsection 45 (2) of the Regulation is amended by striking out “spouse” in the third line and substituting “spouse or same–sex partner” and by striking out “recipient or spouse” in the fourth line and substituting “recipient, spouse or same–sex partner”.

13. (1) Sub–subparagraph 1 ii B of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(2) Sub–subparagraph 1 ii C of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(3) Sub–subparagraph 1 ii D of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(4) Sub–subparagraph 1 ii E of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(5) Sub–subparagraph 1 ii F of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(6) Sub–subparagraph 1 ii G of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(7) Sub–subparagraph 1 ii H of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and in the third line and substituting in each case “spouse or same–sex partner”.

(8) Sub–subparagraph 1 ii I of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(9) Sub–subparagraph 1 ii J of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(10) Sub–subparagraph 1 ii K of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(11) Sub–subparagraph 1 ii L of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(12) Sub–subparagraph 1 ii M of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(13) Sub–subparagraph 1 ii N of subsection 49 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(14) Sub–subparagraph 1 iv A of subsection 49 (1) of the Regulation is revoked and the following substituted:

A. the child care expenses are necessary to permit a recipient, a spouse or same–sex partner included in the benefit unit or a dependent adult to be employed or to participate in an employment assistance activity,

14. Subsection 50 (2) of the Regulation is amended by striking out “the applicant, recipient or spouse included in the benefit unit” in the second line and substituting “the applicant or recipient or the spouse or same–sex partner included in the benefit unit”.

15. (1) The first row of the Table to subparagraph 1 ii of section 51 of the Regulation is amended by striking out “Spouse” in the first column and in the fifth column and substituting in each case “Spouse or Same–Sex Partner”.

(2) Subparagraph 3 iii of section 51 of the Regulation is amended by striking out ”family violence” at the end and substituting “domestic violence”.

16. Sub–subparagraph 1 iv B of subsection 54 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

17. (1) Paragraph 6 of subsection 55 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(2) Paragraph 7 of subsection 55 (1) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

18. (1) Clause 58 (c) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(2) Clause 58 (d) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

(3) Clause 58 (e) of the Regulation is amended by striking out “spouse” in the first line and substituting “spouse or same–sex partner”.

19. The English version of the heading immediately preceding section 62 of the Regulation is amended by striking out “Family”.

20. The Regulation is amended by adding the following Part:

part x
transition

84. (1) In this section,

“change in eligibility”, with respect to a recipient, means a change with respect to the recipient’s eligibility for assistance, the conditions of the recipient’s continuing eligibility for assistance or the amount of assistance that the recipient is to receive, if that change results from amendments made to this Regulation by �������� Regulation 32/00.

(2) An administrator 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 an administrator makes the determination mentioned in clause (2) (b) with respect to that recipient.

21. This Regulation comes into force on the day section 50 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.

��

��