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1Section 2 of the English version of New Brunswick Regulation 2009-75 under the Nursing Homes Act is amended

(a) in paragraph (b) of the definition “common-law partner” by striking out “his or her” and substituting “their”;

(b) in the definition “net annual income” by striking out “his or her” and substituting “their”.

2Paragraph 3(c) of the English version of the Regulation is amended by striking out “is has been verified” and substituting “has been verified”.

3Paragraph 4(1)(a) of the English version of the Regulation is amended by striking out “his or her spouse or his or her common-law partner” and substituting “their spouse or common-law partner”.

4Section 6 of the English version of the Regulation is amended

(a) in the portion preceding paragraph (a) by striking out “he or she” and substituting “they”;

(b) in paragraph (b) by striking out “his or her” wherever it appears and substituting “their”.

5Section 7 of the English version of the Regulation is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “his or her” and substituting “their”;

(b) in subsection (2) by striking out “his or her” wherever it appears and substituting “their”;

(c) in subsection (3) by striking out “his or her” and substituting “their”;

(d) in subsection (4) by striking out “his or her spouse or common-law partner as if he or she is” and substituting “their spouse or common-law partner as if they are”.

6Section 8 of the English version of the Regulation is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “his or her” and substituting “their”;

(b) in subsection (2) by striking out “his or her earnings, in addition to the amount of the comfort and clothing allowance to which he or she is entitled” and substituting “their earnings, in addition to the amount of the comfort and clothing allowance to which they are entitled”.

7Section 9 of the English version of the Regulation is amended

(a) in subsection (1) by striking out “his or her” wherever it appears and substituting “their”;

(b) in subsection (2) by striking out “his or her” and substituting “their”.

8 Section 10 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

10(1)An applicant or recipient and the applicant’s or recipient’s spouse or common-law partner who is living at home shall contribute towards the cost of the nursing home services provided to the applicant or recipient an amount, as determined in accordance with the formula and circumstances set out in Schedule A, that is no greater than 40 % of their net annual income.

(b) in subsection (2) by striking out “his or her annual net income towards the cost of nursing home services provided to him or her” and substituting “their net annual income towards the cost of nursing home services provided to them”.

9Section 11 of the English version of the Regulation is amended

(a) in subsection (1) by striking out “his or her” and substituting “their”;

(b) in subsection (2) by striking out “his or her” and substituting “their”.

10Section 12 of the English version of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

12(1)A recipient may apply to the Minister for a temporary contribution adjustment if they are suffering serious financial hardship and payment of the contributions required under section 10 to the cost of their nursing home services would result in their inability, or the inability of their spouse or common-law partner, to pay for adequate food, the mortgage or rent, sufficient home heating or prescribed medications or other prescribed health care for themselves and any dependents.

(b) in subsection (2) by striking out “his or her discretion” and substituting “the Minister’s discretion”.

11Section 13 of the English version of the Regulation is amended

(a) in subsection (2) by striking out “his or her” and substituting “their”;

(b) in subsection (3)

(i) in the portion preceding paragraph (a) by striking out “his or her” and substituting “their”;

(ii) in paragraph (a) by striking out “his or her” and substituting “their”;

(iii) in paragraph (b) by striking out “his or her” and substituting “their”;

(c) in paragraph (4)(g) by striking out “his or her” and substituting “their”.

12Schedule A of the Regulation is repealed and the attached Schedule A is substituted.

13This Regulation comes into force on January 1, 2024.

SCHEDULE A

	1	2	3
Amount of net annual income to be contributed	Net annual income thresholds, with only spouse or common-law partner at home	Net annual income thresholds with spouse or common-law partner and one dependent at home	Adjustment to net annual income thresholds in column 2 for additional dependents at home
0% of income between	$0 to the amount of OAS/GIS for a single person	$0 to the amount of OAS/GIS for a couple +  $12,000	Add $588 x number of additional dependents to upper limit threshold
plus 80% of income between	the amount of OAS/GIS for a single person to twice the amount of OAS/GIS for a single person	the amount of OAS/GIS for a couple + $12,000 to the amount of OAS/GIS for a couple +  $12,000 + the amount of OAS/GIS for a single person	Add $588 x number of additional dependents to lower limit threshold
plus 30% of income between	twice the amount of OAS/GIS for a single person to the amount of OAS/GIS for a single person + $25,000	the amount of OAS/GIS for a couple +  $12,000 + the amount of OAS/GIS for a single person to $85,000	Add $1,800 x number of additional dependents to upper limit threshold
plus 40% of income over	the amount of OAS/GIS for a single person + $25,000	$85,000	Add $1,800 x number of additional dependents to lower limit threshold

NOTE: OAS/GIS means the amount of the Old Age Security/Guaranteed Income Supplement, as adjusted, under the Old Age Security Act (Canada)

2023-69 - Nursing Homes Act

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