S-5, r. 1 - Regulation respecting the application of the Act respecting health services and social services for Cree Native persons

Section 369.1 Disposition versions

2022-09-01

369.1. The total value of the liquid assets referred to in section 369 is determined by excluding the following assets:

(1)  the sums paid out in the cases referred to in Schedule VI;

(2)  the sums accrued in a registered retirement savings plan, where the holder of the plan has not reached the age of eligibility for a full pension under the Old Age Security Act (R.S.C. 1985, c. O-9);

(3)  the sums accrued in a registered disability savings plan, including those paid into it in the form of Canada disability savings bonds or Canada disability savings grants for the benefit of the adult, his spouse or one of his dependent children and which he cannot dispose of in the short term without incurring a penalty, according to the rules applicable to that plan;

(4)  the cash surrender value of a life insurance policy.

The exclusions set out in subparagraph 1 of the first paragraph apply as of the date of payment of these sums and only for the person who is entitled thereto.

O.C. 1281-2020, s. 13; O.C. 1381-2022, s. 5.

2021-01-01

369.1. For the purposes of section 369, the following amounts are not taken into consideration when establishing the total value of the liquid assets:

(1)  the value of the sums referred to in sections 135 and 136 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1);

(2)  the value of the sums paid out pursuant to the judgment rendered by the Superior Court on 28 May 2013, confirming the agreement following the class action on behalf of users of résidence St-Charles-Borromée (CHSLD Centre-Ville);

(3)  the value of the sums paid out pursuant to the judgment rendered by the Superior Court on 23 April 2014, confirming the agreement following the class action on behalf of the users of 89 residential and long-term care centres with respect to the laundry service for their personal garments;

(4)  the value of the sums paid out pursuant to the judgment rendered by the Superior Court on 9 September 2014, confirming the agreement following the class action on behalf of users of hôpital Rivière-des-Prairies;

(5)  the value of the sums paid out pursuant to the judgment rendered by the Superior Court on 15 May 2015, confirming the agreement following the class action on behalf of users of centre hospitalier régional du Suroît de Valleyfield;

(6)  the value of the sums paid out in 2015 by Centre d’hébergement et de soins de longue durée (CHSLD) Jeanne-Le Ber to users of this centre, toward the reimbursement of financial losses resulting from irregular operations into their bank accounts;

(7)  the value of the sums paid out pursuant to the settlement agreement, approved by the Federal Court in June 2018, following the class action filed on behalf of members of the Canadian Armed Forces, members of the Royal Canadian Mounted Police and employees of the federal public service having suffered prejudice due to their sexual orientation, gender identity or gender expression;

(8)  the value of the sums paid out pursuant to the judgment rendered by the Federal Court on 30 January 2019, confirming the settlement agreement following the class action filed on behalf of war veterans receiving various benefits, including a disability pension;

(9)  the sums accrued in a registered retirement savings plan, where the holder of the plan has not reached the age of eligibility for a full pension under the Old Age Security Act (R.S.C. 1985, c. O-9);

(10)  the sums accrued in a registered disability savings plan, including those paid into it in the form of Canada disability savings bonds or Canada disability savings grants for the benefit of the adult, his spouse or one of his dependent children and which he cannot dispose of in the short term without incurring a penalty, according to the rules applicable to that plan.

The exclusions set out in subparagraphs 1 to 8 of the first paragraph apply as of the date of payment of these sums and only for the person who is entitled thereto.

O.C. 1281-2020, s. 13.