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ontario regulation 227/08
made under the
Ontario Disability Support Program Act, 1997
Made: June 17, 2008
Filed: June 20, 2008
Published on e-Laws: June 23, 2008
Printed in The Ontario Gazette: July 5, 2008
Amending O. Reg. 222/98
(General)
1. (1) Clause 2 (3) (c) of Ontario Regulation 222/98 is revoked and the following substituted:
(c) the applicant or recipient or the spouse included in the benefit unit,
(i) receives the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) in respect of the child or a determination has been made under that Act that he or she is eligible to receive the Canada Child Tax Benefit either monthly or, where there is shared eligibility for the Canada Child Tax Benefit, for six months over a 12-month period, or
(ii) is the parent with primary care and control of the child or is a parent who shares physical custody of the child on an approximately equal basis in a month as determined by the Director, if subclause (i) does not apply and subject to subsections (3.1) and (3.2); and
(2) Section 2 of the Regulation is amended by adding the following subsections:
(3.1) Subclause (3) (c) (ii) applies in cases,
(a) where the applicant, recipient or spouse included in the benefit unit has made an application for the Canada Child Tax Benefit in respect of the child and the application is yet to be determined; or
(b) where the applicant, recipient or spouse included in the benefit unit is ineligible for the Canada Child Tax Benefit because of his or her immigration status.
(3.2) Subclause (3) (c) (ii) does not apply to an applicant, recipient or spouse included in the benefit unit where a person who is not a member of the benefit unit receives or is determined eligible to receive the Canada Child Tax Benefit in respect of the child.
2. Subsection 29 (1) of the Regulation, as amended by section 2 of Ontario Regulation 480/07, is amended by striking out “sections 34 to 36.2” and substituting “sections 33.2 to 36.2”.
3. The Table to paragraph 1 of subsection 30 (1) of the Regulation, as remade by section 3 of Ontario Regulation 480/07, is revoked and the following substituted:
Table
No. of Dependants Other than a Spouse
Dependants 18 Years or older
Dependants 13 - 17 Years
Dependants 0 - 12 Years
Recipient
Recipient and Spouse
Recipient and Spouse
See Note 1, below
See Note 2 below
See Note 3 below
0
0
0
0
$ 554
$ 821
$1,107
1
0
0
1
697
821
1,107
0
1
0
756
880
1,166
1
0
0
883
988
1,274
2
0
0
2
697
821
1,107
0
1
1
756
880
1,166
0
2
0
815
939
1,225
1
0
1
883
988
1,274
1
1
0
942
1,047
1,333
2
0
0
1,051
1,175
1,461
For each additional dependant, add $188 if the dependant is 18 years of age or older, or $59 if the dependant is 13-17 years of age, or $0 if the dependant is 0-12 years of age.
Note 1.
A recipient if there is no spouse included in the benefit unit.
Note 2.
A recipient with a spouse included in the benefit unit if Note 3 does not apply.
Note 3.
A recipient with a spouse included in the benefit unit if each of the recipient and the
spouse, is a person with a disability or a person referred to in subparagraph 1 i of
subsection 4 (1) or paragraph 6 of subsection 4 (1).
4. The Regulation is amended by adding the following section:
Reduction of Budgetary Requirements (Shared Custody) — General
33.2 If it has been determined that a member of a benefit unit is eligible to receive the Canada Child Tax Benefit for six months over a 12-month period (shared eligibility for the Canada Child Tax Benefit) in respect of a child or shares physical custody of a child on an approximately equal basis, as determined under subclause 2 (3) (c) (ii), the amount payable for that child under paragraphs 1, 2, 4 and 5 of subsection 30 (1) and paragraphs 3, 4 and 6 of subsection 33 (1) shall be reduced by 50 per cent.
5. The Table to subparagraph 1 ii of section 40 of the Regulation, as remade by section 3 of Ontario Regulation 120/08, is revoked and the following substituted:
Table
No. of Dependants Other than a Spouse
Dependants 18 Years or older
Dependants 13 - 17 Years
Dependants 0 - 12 Years
Recipient
Recipient and Spouse
Recipient and Spouse
See Note 1, below
See Note 2 below
See Note 3 below
0
0
0
0
$ 554
$ 821
$1,107
1
0
0
1
697
821
1,107
0
1
0
756
880
1,166
1
0
0
883
988
1,274
2
0
0
2
697
821
1,107
0
1
1
756
880
1,166
0
2
0
815
939
1,225
1
0
1
883
988
1,274
1
1
0
942
1,047
1,333
2
0
0
1,051
1,175
1,461
For each additional dependant, add $188 if the dependant is 18 years of age or older, or $59 if the dependant is 13-17 years of age, or $0 if the dependant is 0-12 years of age. The amount attributable to a dependent child shall be reduced by 50 per cent where budgetary requirements for the child were reduced under section 33.2.
Note 1.
A recipient if there is no spouse included in the benefit unit.
Note 2.
A recipient with a spouse included in the benefit unit if Note 3 does not apply.
Note 3.
A recipient with a spouse included in the benefit unit if each of the recipient and the
spouse, is a person with a disability or a person referred to in subparagraph 1 i of
subsection 4 (1) or paragraph 6 of subsection 4 (1).
6. Section 45.3 of the Regulation is amended by adding the following subsections:
(4) Where a recipient or spouse included in the benefit unit receives, or a determination has been made that he or she is eligible to receive, the Canada Child Tax Benefit under section 122.61 of the Income Tax Act (Canada) for six months over a 12-month period in respect of a dependent child (shared eligibility for the Canada Child Tax Benefit), the transition child benefit in respect of that child shall be calculated and paid under this section only for the six months during which the recipient or spouse receives or is determined eligible to receive the Canada Child Tax Benefit.
(5) For greater certainty, where subsection (4) applies, the recipient is not eligible for the transition child benefit in respect of a dependent child for the period during which another person outside the benefit unit is receiving or is determined eligible to receive the Canada Child Tax Benefit in respect of that child.
(6) The transition child benefit shall be reduced by 50 per cent where there has been a determination under subclause 2 (3) (c) (ii) that the recipient or spouse included in the benefit unit is a parent who shares physical custody of a dependent child on an approximately equal basis in a month.
7. This Regulation comes into force on the later of July 1, 2008 and the day it is filed.
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