FAMILY BENEFITS ACT - O. Reg. 289/05



ontario regulation 289/05

MADE UNDER THE

Family Benefits Act

MADE: JUNE 1, 2005

FILED: JUNE 13, 2005

PRINTED IN THE ONTARIO GAZETTE: JULY 2, 2005

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

(General)

1.  (1)  THE DEFINITION OF “SAME-SEX PARTNER” IN SUBSECTION 1 (1) OF REGULATION 366 OF THE REVISED REGULATIONS OF ONTARIO, 1990 IS REVOKED.

(2)  The definitions of “single person” and “spouse” in subsection 1 (1) of the Regulation are revoked and the following substituted:

“single person” means an adult person who is a surviving spouse or who is unmarried, deserted, separated or divorced and who is not residing in the same dwelling place as his or her spouse;

“spouse” means,

(a) a person 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 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, or

(c) a person 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.

(3)  Subsection 1 (2) of the Regulation is amended by striking out “or same-sex partner”.

2.  Clause 2 (7) (b) of the Regulation is amended by striking out “or same-sex partner” in each of the two places where it appears.

3.  Subclause 5 (b) (i) of the Regulation is amended by striking out “or same-sex partner”.

4.  Subsection 15 (3) of the Regulation is revoked and the following substituted:

(3)  Despite section 11, where the amount of the allowance payable to a recipient who is,

(a) a surviving spouse;

(b) sixty years of age and over but under sixty-five years of age; and

(c) eligible on the 1st day of September, 1985 or who would be eligible on the 1st day of September, 1985 if an application had been made on that date for a spouse’s allowance payable to a surviving spouse under the Old Age Security Act (Canada),

would be reduced to zero under section 13 by reason of income that includes income from a spouse’s allowance payable to a surviving spouse under the Old Age Security Act (Canada), the amount of the allowance shall be continued at $2.50 per month so long as the recipient remains otherwise eligible for an allowance until the recipient attains sixty-five years of age.

5.  The definition of “spouse” in subsection 39 (1) of the Regulation is revoked and the following substituted:

“spouse”, despite the definition of “spouse” in subsection 1 (1), means,

(a) either of two persons being married to each other, and

(b) either of two persons not being married to each other who have been cohabiting in a relationship of some permanence for not less than one year,

but does not include a person who is receiving benefits under the Old Age Security Act (Canada) or the Ontario Guaranteed Annual Income Act.

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