Definitions
2. (1) In this Regulation,
“child” means, other than in Schedule II to this Regulation,
(a) a child who is a dependant under the Act, or
(b) in cases where the Divorce Act (Canada) applies, a child of the marriage under that Act; (“enfant”)
“income” means the annual income determined under sections 15 to 20; (“revenu”)
“order assignee” means,
(a) an agency to whom an order is assigned under subsection 34 (3) of the Act, or
(b) a minister, member or agency referred to in subsection 20.1 (1) of the Divorce Act (Canada) to whom an order for the support of a child is assigned in accordance with that subsection; (“cessionnaire de la créance alimentaire”)
“parent”, in a case to which the Act applies, means a parent to whom section 31 of the Act applies; (“père ou mère”)
“spouse”, in a case to which the Divorce Act (Canada) applies, has the meaning assigned by subsection 2 (1) of that Act, and includes a former spouse; (“époux”)
“table” means,
(a) if the parent or spouse against whom an order is sought ordinarily resides in Ontario at the time of the application, the Child Support Table for Ontario set out in Schedule I to this Regulation,
(b) if the parent or spouse against whom an order is sought ordinarily resides elsewhere in Canada, the table set out in the Federal Child Support Guidelines for the province or territory in which the parent or spouse ordinarily resides at the time of the application,
(c) if the court is satisfied that the province or territory in which the parent or spouse against whom an order is sought ordinarily resides has changed since the time of the application, the table set out in the Federal Child Support Guidelines for the province or territory in which the parent or spouse ordinarily resides at the time the amount of support is determined,
(d) if the court is satisfied that the parent or spouse against whom an order is sought will, in the near future after the amount of support is determined, ordinarily reside in another province or territory than the one in which he or she ordinarily resides at the time the amount of support is determined, the table set out in the Federal Child Support Guidelines for that other province or territory,
(e) if the parent or spouse against whom an order is sought ordinarily resides outside of Canada or if the ordinary residence of the parent or spouse is unknown,
(i) the Child Support Table for Ontario set out in Schedule I to this Regulation if the other parent or spouse applying for the order resides in Ontario, or
(ii) the table set out in the Federal Child Support Guidelines for the province or territory in which the parent or spouse applying for the order ordinarily resides. (“table”)
“universal child care benefit” means a benefit provided under section 4 of the Universal Child Care Benefit Act (Canada). (“prestation universelle pour la garde d’enfant”) O. Reg. 391/97, s. 2 (1); O. Reg. 446/01, s. 1; O. Reg. 159/07, s. 1; O. Reg. 25/10, s. 2 (1, 2).
Income Tax Act (Canada)
(2) Words and expressions that are used in sections 15 to 21 and that are not defined in this section have the meanings assigned to them under the Income Tax Act (Canada). O. Reg. 391/97, s. 2 (2).
Most current information
(3) Where, for the purposes of the child support guidelines, any amount is determined on the basis of specified information, the most current information must be used. O. Reg. 391/97, s. 2 (3); O. Reg. 25/10, s. 2 (3).
Application of guidelines
(4) In addition to their application to orders for support of a child, the child support guidelines apply, with such modifications as the circumstances require, to,
(a) interim orders under subsection 34 (1) of the Act or subsections 15.1 (2) and 19 (9) of the Divorce Act (Canada);
(b) orders varying a child support order; and
(c) orders referred to in subsection 19 (7) of the Divorce Act (Canada). O. Reg. 391/97, s. 2 (4); O. Reg. 25/10, s. 2 (4).