Bill 94, Social Assistance Statute Law Amendment Act (Registered Disability Savings Plans), 2008

Bill 94 2008

An Act to amend the Ontario Disability Support Program Act, 1997 and the Ontario Works Act, 1997 to take into account funds held in or withdrawn from registered disability savings plans

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on 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.  Section 5 of the Ontario Disability Support Program Act, 1997 is amended by adding the following subsection:

Exclusions, registered disability savings plans

   (4)  For the purposes of determinations made under clause (1) (c),

  (a)  funds held by or on behalf of the person in a registered disability savings plan under section 146.4 of the Income Tax Act (Canada) shall not be included in the determination of assets; and

  (b)  funds withdrawn by or on behalf of the person from a registered disability savings plan under section 146.4 of the Income Tax Act (Canada) shall not be included in the determination of income.

   2.  Section 7 of the Ontario Works Act, 1997 is amended by adding the following subsection:

Exclusions, registered disability savings plans

   (5)  For the purposes of determinations made under clause (3) (b),

  (a)  funds held by or on behalf of the person in a registered disability savings plan under section 146.4 of the Income Tax Act (Canada) shall not be included in the determination of assets; and

  (b)  funds withdrawn by or on behalf of the person from a registered disability savings plan under section 146.4 of the Income Tax Act (Canada) shall not be included in the determination of income.

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 Social Assistance Statute Law Amendment Act (Registered Disability Savings Plans), 2008.

EXPLANATORY NOTE

The Bills amends the Ontario Disability Support Program Act, 1997 and the Ontario Works Act, 1997 to exclude funds held in a registered disability savings plan from the determination of assets.  It also amends the Acts to exclude funds withdrawn from a registered disability savings plan from the determination of income.