O. Reg. 406/12: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r12406
Published: 2012-12-14

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ontario regulation 406/12

made under the

Ontario Disability Support Program Act, 1997

Made: December 12, 2012
Filed: December 14, 2012
Published on e-Laws: December 17, 2012
Printed in The Ontario Gazette: December 29, 2012


Amending O. Reg. 222/98

(GENERAL)

1. Paragraph 38 of subsection 28 (1) of Ontario Regulation 222/98 is amended by striking out “Ministry of Health Promotion” at the end and substituting “Ministry of Tourism, Culture and Sport”.

2. Note 3 of the Table to paragraph 1 of subsection 30 (1) of the Regulation is amended by striking out “or paragraph 6” and substituting “or paragraph 6 or 7”.

3. Paragraph 5 of subsection 31 (2) of the Regulation is amended by striking out “or paragraph 6” and substituting “or paragraph 6 or 7”.

4. The heading preceding section 32 of the Regulation is revoked and the following substituted:

Budgetary Requirements in Other Cases

5. Section 32 of the Regulation is revoked and the following substituted:

32. (1) The budgetary requirements of an applicant or recipient resident in a place referred to or listed in subsection (2) shall be an amount equal to the sum of the following:

1. $134 for each member of the benefit unit residing in a place referred to or listed in subsection (2).

2. In addition to an amount received under paragraph 1, $936 for each member of the benefit unit residing in a long-term care home under the Long-Term Care Homes Act, 2007.

3. In addition to an amount received under paragraph 1, $941 for each member of the benefit unit residing in an intensive support residence or a supported group living residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.

(2) Subsection (1) applies to applicants or recipients resident in the following places:

1. A place of residence referred to in paragraph 3.1, 3.2, 3.3, 5, 8 or 9 of subsection 4 (1).

2. A long-term care home under the Long-Term Care Homes Act, 2007.

3. A place designated under the regulations under the Health Insurance Act as a hospital or a health facility for the provision of insured services to chronically ill patients and that is a hospital for chronically ill patients, a chronic care hospital or a chronic unit attached to a general or convalescent hospital.

4. A community resource centre established under section 15 of the Ministry of Correctional Services Act for parolees or persons on probation under that Act.

5. A residential facility providing treatment, care or rehabilitation programs under the Child and Family Services Act.

6. A provincial residential school for persons whose vision or hearing is impaired.

6. The heading preceding section 33 of the Regulation is revoked.

7. Subparagraph 1 iii of subsection 33 (1) of the Regulation is amended by striking out “or paragraph 6” and substituting “or paragraph 6 or 7”.

8. (1) The Table to paragraph 1 of section 40 of the Regulation is amended by striking out “1,262” in the column under the heading “Recipient and Spouse”, under the subheading “See note 2 below”, in the last row and substituting “1,264”.

(2) Note 3 of the Table to paragraph 1 of section 40 of the Regulation is amended by striking out “or paragraph 6” and substituting “or paragraph 6 or 7”.

9. Subsection 41 (1) of the Regulation is amended by adding the following paragraph:

22. An Ontario Trillium Benefit payment received under section 103.3 of the Taxation Act, 2007.

10. (1) Paragraph 26 of subsection 43 (1) of the Regulation is amended by striking out “Ministry of Health Promotion” at the end and substituting “Ministry of Tourism, Culture and Sport”.

(2) Paragraph 29 of subsection 43 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

29. A payment made under the Community Homelessness Prevention Initiative  administered by the Ministry of Municipal Affairs and Housing, up to an amount that is equivalent to the amount specified in paragraph 1 of subsection 32 (1), if the following criteria are satisfied:

(3) Paragraph 30 of subsection 43 (1) of the Regulation is amended by striking out “the consolidated housing and homelessness program” in the portion before subparagraph i and substituting “the Community Homelessness Prevention Initiative”. 


11. (1) Subparagraph 1 iv of subsection 44 (1) of the Regulation is revoked and the following substituted:

iv. for persons resident in a place referred to in paragraph 3 of subsection 32 (2), an amount approved by the Director for dental services, dentures, prosthetic devices including eye glasses, clothing, wheelchairs and wheelchair accessories,

(2) Subparagraph 6.1 i of subsection 44 (1) of the Regulation is revoked and the following substituted:

i. the reason for ceasing to be eligible for income support is that the income of the person’s benefit unit equals or exceeds the benefit unit’s budgetary requirements as determined under this Regulation and the Director is of the opinion that the income of the person’s benefit unit will continue to equal or exceed the benefit unit’s budgetary requirements for at least two months,

(3) Paragraph 10 of subsection 44 (1) of the Regulation is amended by striking out “or paragraph 6” in the portion before subparagraph i and substituting “or paragraph 6 or 7”.

12. Subsection 56 (1) of the Regulation is revoked and the following substituted:

(1) A notice under section 19 of the Act,

(a) shall be in writing or in an electronic format approved by the Director; and

(b) shall be,

(i) delivered personally to the applicant or recipient or sent by prepaid regular mail to the individual’s last known address, or

(ii) delivered to the applicant or recipient electronically in a manner approved by the Director.

13. Subsection 60 (1) of the Regulation is revoked and the following substituted:

(1) A decision made on an internal review,

(a) shall be in writing or in an electronic format approved by the Director; and

(b) shall be,

(i) delivered personally to the applicant or recipient or sent by prepaid regular mail to the individual’s last known address, or

(ii) delivered to the applicant or recipient electronically in a manner approved by the Director. 

Commencement

14. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.

(2) Subsection 8 (1) is deemed to have come into force on November 1, 2012.

(3) Section 9 is deemed to have come into force on July 1, 2012.

(4) Subsections 10 (2) and (3) come into force on January 1, 2013.

 

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