Ontario Works Amendment Act (Care Assistance), 2010 Miller, Paul — Bill 87 (39th Parliament, 2nd Session)

Bill 87, 39-2

Ontario — Bills

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Bill 87, Ontario Works Amendment Act (Care Assistance), 2010

Miller, Paul

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[39] Bill 87 Original (PDF)

Bill 87 2010

An Act to amend the Ontario Works Act, 1997

Note:

This Act amends the Ontario

Works Act, 1997 . For the legislative history of the Act, see the

Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Clauses 10 (

a) and (

d) of the Ontario Works Act, 1997

are repealed and the following substituted:

(

a) the

child is in the care of the adult for a temporary or indefinite period of time;

. . . .

(

d) the

adult does not have a legal obligation to support the child, as described in

subsections (2) and (3);

Section 10 of the Act is amended by adding

the following subsections:

Legal obligation to support a child

(2) Subject to subsection (3), an adult has a legal

obligation to support a child if the adult has an obligation to support the

child under the Family Law

Act or under the Divorce Act (Canada) or under similar legislation in

another jurisdiction, except where the obligation is imposed because the adult

has demonstrated a settled intention to treat the child as a child of his or

her family.

Step-parents

(3) The exception in subsection (2) does not apply to an

adult whose obligation to support a child arose from being or having been a

step-parent of that child and who, in that capacity, demonstrated a settled

intention to treat the child as a child of his or her family.

Commencement

3. This Act comes into force on the day it

receives Royal Assent.

Short title

4. The

short title of this Act is the Ontario Works Amendment Act

(Care Assistance), 2010 .

EXPLANATORY NOTE

Section

10 of the Ontario Works

Act, 1997 currently provides for income assistance and benefits

to an adult who cares for a child on a temporary basis, provided that the adult

does not have a legal obligation to support the child. Other conditions are

specified.

The

Bill amends

section 10 of the Act to apply where the child is in an adult's

care for a temporary or indefinite period of time. In addition, subsections 10

(2) and (3) are added to provide the following:

1. An

adult has a legal obligation to support a child if he or she has an obligation

to support the child under the Family Law Act or the Divorce Act (Canada), or under similar

legislation in another jurisdiction.

2. For

the purposes of the section, a legal obligation to support a child does not

arise because an adult, other than a step-parent, has demonstrated a settled

intention to treat the child as a child of his or her family.

Date Bill stage Activity Committee

June 1, 2010

First Reading

Carried

Debates and Progress

First Reading

June 1, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 87

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Ontario Works Act, 1997

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 87, 39-2
Type	bill
Volume / chapter	p39 s2 bill 87 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	9e222f47e549d89cb1961a5dce894e8b53e543f5

Source file is stored in the law ingest library (html).