P-34.1, r. 4.1 - Regulation respecting financial assistance to facilitate the adoption and Indigenous customary adoption of a child

Section 12 Disposition versions

2024-02-01

12. An adopter who, before becoming an adopter, met the following conditions is entitled, as financial assistance for the child’s upkeep, to the amount of financial assistance to which a tutor is entitled in accordance with section 14 of the Regulation respecting financial assistance to facilitate tutorship and Indigenous customary tutorship to a child (chapter P-34.1, r. 5.1) less the amounts, that are reasonably attributable to the child, to which the adopter and the adopter’s spouse are entitled, on a daily basis, as the family allowance provided for in section 1029.8.61.18 of the Taxation Act (chapter I-3) and the Canada child benefit provided for in section 122.61 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)):

(1)  the child was entrusted to the adopter pursuant to the Youth Protection Act (chapter P-34.1) in a capacity other than as foster family within the meaning of the Act respecting health services and social services (chapter S-4.2);

(2)  the adopter’s assessment had been made, as the case may be, by a social service centre pursuant to the Act respecting health services and social services for Cree Native persons (chapter S-5) or by a Native community or a group of communities pursuant to an agreement entered into under section 131.20 and 131.23 of the Youth Protection Act.

For the purposes of the first paragraph, the adopter’s spouse is his or her “cohabiting spouse” according to the definition of that expression provided for in section 1029.8.61.8 of the Taxation Act, or his or her “cohabiting spouse or common-law partner” according to the definition provided for in section 122.6 of the Income Tax Act.

O.C. 1915-2023, s. 12.

Not in force

In force: 2024-02-01

12. An adopter who, before becoming an adopter, met the following conditions is entitled, as financial assistance for the child’s upkeep, to the amount of financial assistance to which a tutor is entitled in accordance with section 14 of the Regulation respecting financial assistance to facilitate tutorship and Indigenous customary tutorship to a child (chapter P-34.1, r. 5.1) less the amounts, that are reasonably attributable to the child, to which the adopter and the adopter’s spouse are entitled, on a daily basis, as the family allowance provided for in section 1029.8.61.18 of the Taxation Act (chapter I-3) and the Canada child benefit provided for in section 122.61 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)):

(1)  the child was entrusted to the adopter pursuant to the Youth Protection Act (chapter P-34.1) in a capacity other than as foster family within the meaning of the Act respecting health services and social services (chapter S-4.2);

(2)  the adopter’s assessment had been made, as the case may be, by a social service centre pursuant to the Act respecting health services and social services for Cree Native persons (chapter S-5) or by a Native community or a group of communities pursuant to an agreement entered into under section 131.20 and 131.23 of the Youth Protection Act.

For the purposes of the first paragraph, the adopter’s spouse is his or her “cohabiting spouse” according to the definition of that expression provided for in section 1029.8.61.8 of the Taxation Act, or his or her “cohabiting spouse or common-law partner” according to the definition provided for in section 122.6 of the Income Tax Act.

O.C. 1915-2023, s. 12.