Acts and Regulations

2017-36 - Medical Services Payment Act

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NEW BRUNSWICK
REGULATION 2017-36
under the
Medical Services Payment Act
(O.C. 2017-239)
Filed September 29, 2017
1Section 2 of New Brunswick Regulation 84-20 under the Medical Services Payment Act is amended
(a) by repealing the definition “dependent” and substituting the following:
“dependent” means(personne à charge)
(a) a resident who has been residing in the Province for not less than the period of time prescribed in section 2.1 and who is
(i) the spouse of a person described in paragraph (a) or (b) of the definition “beneficiary” if not maintaining a separate household, or
(ii) a child of a person described in paragraph (a) or (b) of the definition “beneficiary” if the child is under 19 years of age, unmarried and dependent on the person for support, including
(A) an adopted child,
(B) a child in relation to whom the beneficiary stands in the place of a parent if that beneficiary’s spouse is a parent of the child, and
(C) a child whose parents are not married to one another; or
(b) a person who holds a valid permit under the Immigration and Refugee Protection Act (Canada) entitling the person to be in Canada for a period of at least six consecutive months, who makes his or her home and is ordinarily present in the Province and who is
(i) the spouse of a person described in paragraph (c) of the definition “beneficiary” if not maintaining a separate household, or
(ii) a child of a person described in paragraph (c) of the definition “beneficiary” if the child is under 19 years of age, unmarried and dependent on the person for support, including
(A) an adopted child,
(B) a child in relation to whom the beneficiary stands in the place of a parent if that beneficiary’s spouse is a parent of the child, and
(C) a child whose parents are not married to one another;
(b) in the definition “beneficiary”
(i) in paragraph (a)
(A) in the portion preceding subparagraph (i) of the French version by striking out “durée prescrite” and substituting “période prévue”;
(B) in subparagraph (ii) by striking out “and” at the end of the subparagraph;
(ii) in paragraph (b) by striking out the semicolon at the end of the paragraph and substituting “, and”;
(iii) by adding after paragraph (b) the following:
(c) a visitor, other than a dependent, who
(i) is a full-time student enrolled at a designated learning institution,
(ii) holds a valid study permit under the Immigration and Refugee Protection Act (Canada) entitling the person to be in Canada for a period of at least six consecutive months, and
(iii) makes his or her home and is ordinarily present in the Province;
(c) in the English version in the definition “specialist” by striking out the period at the end of the definition and substituting a semicolon;
(d) by adding the following definitions in alphabetical order:
“designated learning institution” means a post-secondary learning institution located in the Province that is designated, for the purposes of the Immigration and Refugee Protection Regulations (Canada), by the Minister of Post-Secondary Education, Training and Labour on behalf of the Province of New Brunswick; (établissement d’enseignement désigné)
“spouse” means(conjoint)
(a) a person to whom a beneficiary is married, or
(b) a person with whom a beneficiary has cohabited continuously in a conjugal relationship for at least one year.
2Section 2.1 of the Regulation is amended by striking out “A person” and substituting “Subject to section 4, a person”.
3Section 4 of the Regulation is amended
(a) in subsection (2) of the English version by striking out “in loco parentis” and substituting “in the place of a parent”;
(b) by adding after subsection (6) the following:
4(7)Any person who is a full-time student enrolled at a designated learning institution and who holds a valid study permit under the Immigration and Refugee Protection Act (Canada) entitling the person to be in Canada for a period of at least six consecutive months shall be entitled to become a beneficiary on the first day of classes or on the commencement date specified in the study permit, whichever is later, if the person will, in the opinion of the Director, establish residence in the Province.
4(8)A spouse or child of a person mentioned in subsection (7) shall be entitled to become a dependent and eligible to receive entitled services on the first day of classes or on the commencement date specified in the study permit, whichever is later, if the spouse or child will, in the opinion of the Director, establish residence in the Province.