Alberta Gazette — 30 August 2025 (Part II)
30 August 2025
Alberta — Gazette
Alberta Regulation 194/2025
Child, Youth and Family Enhancement Act
CHILD, YOUTH AND FAMILY ENHANCEMENT
AMENDMENT REGULATION
Filed: August 6, 2025
For information only: Made by the Minister of Children and Family Services (M.O.
2/2025) on August 1, 2025 pursuant to
section 131(2)(hh) of the Child, Youth and
Family Enhancement Act.
1 The Child, Youth and Family Enhancement Regulation
(AR 160/2004) is amended by this Regulation.
Section 1(1) is repealed and the following is substituted:
Definitions
1(1) In this Regulation, "supports for permanency recipient" means
a person to whom financial assistance may be provided under
section
105.795 of the Act.
Section 10 is amended
(
a) by repealing subsection (1);
(
b) in subsections (4) and (6) by striking out "subsection
(2)" and substituting "subsection (3)".
4 The following is added after
section 10:
Income testing re basic maintenance rate
10.01(1) In this
section and
section 10.02, "basic maintenance rate"
means the financial assistance referred to in
section 10(2)(a).
(2) For the purposes of this section, a supports for permanency
recipient's total combined income must be calculated as follows:
(
a) in the case of financial assistance provided in respect of a
child under
section 105.795(1) of the Act, the sum of the
gross annual income of each person who is appointed or
becomes a guardian of the child, or who adopts the child, as
referred to in that section;
(
b) in the case of financial assistance provided in respect of a
child under
section 105.795(2) of the Act, the sum of the
gross annual income of each adult person who has applied to
a court for guardianship of, or to adopt, the child, as referred
to in that section.
(3) For the purposes of subsection (2), the gross annual income of a
person referred to in that subsection is the following:
(
a) if a Notice of Assessment is available for the preceding
taxation year, the amount shown on line 15000 of the Notice
of Assessment in respect of the income tax return filed by the
person under the Income Tax Act (Canada) for the preceding
taxation year;
(
b) if a Notice of Assessment is not available for the preceding
taxation year, the amount a director determines for the person
using the same income information that the person would
have used to report total income on line 15000 of an income
tax return for the preceding taxation year;
(
c) if a Notice of Assessment is available for the preceding
taxation year but is not an accurate reflection of the person's
current income, the amount a director determines for the
person using the same income information that the person
would use to report total income on line 15000 of an income
tax return for the current taxation year.
(4) For greater certainty, the gross annual income of each person
referred to in subsection (2)(
a) or (b), as applicable, must be included
in calculating a supports for permanency recipient's total combined
income regardless of whether the person is or becomes a party to an
agreement with a director referred to in
section 10(3).
(5) Subject to subsection (6) and
section 10.02, a director must not
enter into an agreement to provide the basic maintenance rate to a
supports for permanency recipient if the total combined income of
the supports for permanency recipient is equal to or greater than
$180 000.
(6) If a director is satisfied that the total combined income of a
supports for permanency recipient with whom, under subsection (5),
the director was not permitted to enter into an agreement to provide
the basic maintenance rate has become less than $180 000, the
director may, at the discretion of the director
(
a) enter into an agreement to provide the basic maintenance rate
to the supports for permanency recipient, or
(
b) vary an agreement to provide the basic maintenance rate to
the supports for permanency recipient.
(7) Subject to
section 10.02, and without limiting the application of
section 10(4) or (7), if the total combined income of a supports for
permanency recipient receiving the basic maintenance rate becomes
equal to or greater than $180 000, a director may, on 30 days'
written notice to the supports for permanency recipient, cancel or
vary the agreement with the supports for permanency recipient to
discontinue the basic maintenance rate.
Transitional - basic maintenance rate income testing
10.02(1) If a supports for permanency recipient received financial
assistance in respect of a child under
section 105.795 of the Act that
included the basic maintenance rate prior to September 1, 2025,
section 10.01(5) and (7) do not apply to any current or subsequent
agreement between a director and a supports for permanency
recipient in respect of the same child.
(2) Section 10.01(5) and (7) do not apply to an agreement between a
director and a supports for permanency recipient who applied to a
court for guardianship of a child, or to adopt a child, on or before
February 28, 2025, provided that the financial assistance provided
pursuant to the agreement is in respect of the child that was the
subject of the guardianship or adoption application.
Part 2 is repealed.
Section 28 is repealed.
7 This Regulation comes into force on September 1, 2025.