1. (1) In this Regulation, “energy for heat” means any energy source used for heating a dwelling; “liquid assets” means cash, bonds, stocks, the cash surrender value of a life insurance policy, debentures, an interest in real property, a beneficial interest in assets held in trust and available to be used for maintenance, and any other assets that can be readily converted into cash, but does not include, (a) the amount remaining to be paid to an applicant, recipient or beneficiary, as the case may be, under a mortgage or agreement for sale, (b) where a recipient has been in continuous receipt of an allowance under the Act or general assistance under the General Welfare Assistance Act since the 30th day of June, 1993, the cash surrender value of a life insurance policy owned prior to that date, (c) that portion of the sale price of an applicant’s or recipient’s real property that is applied or, where the Director approves, that will be applied to the purchase price of a principal residence of the applicant or recipient, (d) in the calendar year in which it is received, any payment received by a recipient as a child tax credit by reason of the application of section 122.2 of the Income Tax Act (Canada), (e) the proceeds of a loan received by a student and guaranteed under section 8 of the Ministry of Colleges and Universities Act or of a loan received by a student under the Canada Student Financial Assistance Act, so long as the student remains in attendance in the program of study for which it is intended, (e.1) an award or grant made by the Ministry of Education and Training to a student enrolled in a post-secondary institution so long as the student remains in attendance in the program of study for which it is intended, (f) an interest in real property that is, (i) the subject of an arrangement approved by the Director in accordance with section 6, or (ii) used by the applicant or recipient as his or her principal residence, (g) a prepaid funeral plan up to a maximum amount determined by the Director, (h) an amount received as damages or compensation for, (i) pain and suffering, or (ii) expenses actually and reasonably incurred or to be incurred as a result of injury to, or the death of, an applicant or beneficiary, up to a maximum amount of $25,000, (i) for the purposes of determining the eligibility of an applicant or recipient for an allowance under clause 7 (1) (c) of the Act and computing the amount of the allowance, the applicant’s or recipient’s beneficial interest in assets held in trust and available to be used for maintenance, if, (i) the capital of the trust is derived from an inheritance, (ii) the value of the capital of the trust does not exceed, (A) $65,000, or (B) such greater amount as the Director may approve if the applicant or recipient provides documentation that demonstrates to the satisfaction of the Director that the available capital of the trust and the estimated income from the trust are required to meet the applicant’s or recipient’s lifetime expenses referred to in paragraph 49 of subsection 13 (2), and (iii) the sum of the values of the original capital of all trusts, in the assets of which the applicant or recipient has or has had a beneficial interest that has qualified as an exempt liquid asset on or after August 1, 1993 while he or she has been in receipt of an allowance under clause 7 (1) (c) of the Act, has not exceeded $65,000 or such greater amount approved by the Director under sub-subclause (ii) (B), or (j) a payment received under any of the following agreements, (i) the agreement known as the Helpline Reconciliation Model Agreement to which the Province of Ontario is a party, (ii) the agreement known as the Multi-Provincial/Territorial Assistance Program Agreement to which the Province of Ontario is a party, (iii) the agreement known as the Grandview Agreement to which the Province of Ontario is a party, (k) tools of the trade that are essential to the person’s employment, (l) in the case of a person with income from an interest in or operation of a business, business assets that are necessary to the operation of the business, up to a value of $10,000 or such greater amount as may be approved by the Director, (m) a payment received under the Ontario Hepatitis C Assistance Plan, (n) a lump sum payment received under the 1986-1990 Hepatitis C Settlement Agreement made as of June 15, 1999 among the Attorney General of Canada, Her Majesty the Queen in right of Ontario and others, other than a loss of income payment or a loss of support payment, (o) a payment received from Human Resources Development Canada under the program called the “Opportunities Fund for Persons with Disabilities”, if the payment has been or will be applied to costs incurred or to be incurred as a result of participation in employment-related activities that have been approved by the Director, (p) a payment received under the Walkerton Compensation Plan, other than a payment for future lost income; “married person” means an adult person other than a single person; “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.  R.R.O. 1990, Reg. 366, s. 1 (1); O. Reg. 320/93, s. 1; O. Reg. 436/93, s. 1 (1, 2); O. Reg. 196/94, s. 1; O. Reg. 603/94, s. 1; O. Reg. 211/95, s. 1; O. Reg. 409/95, s. 1 (1, 2); O. Reg. 352/96, s. 1 (1); O. Reg. 169/99, s. 1; O. Reg. 36/00, s. 1 (1-3); O. Reg. 328/00, s. 1; O. Reg. 234/01, s. 1; O. Reg. 364/01, s. 1 (1); O. Reg. 289/05, s. 1 (1, 2). (2) In determining whether or not a person is a spouse within the meaning of this Regulation, sexual factors shall not be investigated or considered.  R.R.O. 1990, Reg. 366, s. 1 (2); O. Reg. 36/00, s. 1 (4); O. Reg. 289/05, s. 1 (3). (3) A reference in a provision of this Regulation to an “approved health professional” shall be deemed to be a reference to a person who is a member of a health profession that has been approved by the Director for the purpose of that provision.  O. Reg. 174/04, s. 1. (4) For the purpose of the definition of “dependent child” in section 1 of the Act, the following are classes of educational institutions: 1. Elementary schools and secondary schools under the Education Act. 2. Private schools operated in accordance with section 16 of the Education Act. 3. Schools for the blind and schools for the deaf under the Education Act. 4. Any school or institution that is, i. recognized by the Ministry of Education and Training as an educational institution for the purposes of the Canada Student Financial Assistance Act, or ii. an eligible institution under Regulation 774 of the Revised Regulations of Ontario, 1990. 5. The home of a child who has been excused from attendance at school under the Education Act because he or she is receiving satisfactory instruction at home.  R.R.O. 1990, Reg. 366, s. 1 (4); O. Reg. 631/91, s. 1; O. Reg. 436/93, s. 1 (3); O. Reg. 352/96, s. 1 (2); O. Reg. 437/01, s. 1. (5) For the purposes of the Act and this Regulation, “blind person” means a person with visual acuity in both eyes that with proper refractive lenses is 20/200 (6/60) or less with Snellen chart or equivalent, or a person having the greatest diameter of the field of vision in both eyes of less than twenty degrees, where the diameter of the field of vision is determined by the use of, (a) a tangent screen at a distance of one metre using a ten millimetre white test object, or (b) a perimeter at a distance of one-third of a metre using a three millimetre white test object; “disabled person” means a person who has a major physical or mental impairment that is likely to continue for a prolonged period of time and who, as a result thereof, is severely limited in activities pertaining to normal living, as verified by objective medical findings accepted by the medical advisory board; “person in need” means a person, (a) whose budgetary requirements determined under section 12 or 31, as the case may be, and section 41 exceed his or her income determined under section 13, and (b) who is not otherwise made ineligible for a benefit under the Act or this Regulation.  R.R.O. 1990, Reg. 366, s. 1 (5); O. Reg. 364/01, s. 1 (2).