A 'Heads Up' ... New Limitation Period For Human Rights Act

I firmly believe that Human Rights Commissions have a valuable role to play in ensuring that individuals with special needs are not discriminated against. One example of this we have seen recently is in relation to a current human rights complaint in the Province with regard to the employment of individuals with special needs.

In that vein, it's important to realize that up until now there has been no legislated limitation period in which a human rights complaint must be brought in Nova Scotia. Meaning that although the Commission might consider the length of time it's been since the alleged discriminatory conduct occurred in deciding whether or not to proceed with the complaint, there was nothing within the legislation itself setting a specified time in which a complaint must be brought.

Until now, that is.

Starting today, June 30, 2008, a one-year limitation period will be in effect with respect to any complaints made to the Nova Scotia Human Rights Commission.

The amendment, which comes into force today, provides that any complaint must be made within "twelve months of the date of the action or conduct complained of, or within twelve months of the last instance of the action or conduct if the action or conduct is ongoing". Although the Commission's Director does have the discretion to grant a complainant an additional period "of not more than twelve months to make a complaint if to do so would be in the public interest and, having regard to any prejudice to the complainant or the respondent, would be equitable", this will only be done in "exceptional circumstances" . Meaning most definitely don't count on it.

Just some usual information to be tucked away for future reference. So you won't have to file it later under the category of "Things I wish I had known".

Gone, Gone, Gone ... You've Been Gone Too Long

For awhile there, it seemed like we were talking about nothing but the new RDSP non-stop and it felt like time to give it a break. But I now realize that it may have been gone a little too long. So, perhaps an update of sorts is due.

For those of you saying "RDSP? What RDSP?", I refer you to the RDSP Fact Sheet courtesy of the RDSP Blog.

For the rest of you hearty souls, I can advise that regulations for the Registered Disability Savings Plan are expected to be finished and passed in late June. Yep, that's this June as in this month.

Apparently, financial institutions have been waiting for the Regulations to come out before they begin adapting and creating their systems for the RDSP. This reluctance on their part makes sense in a way, I suppose, in that they would likely be pretty unimpressed if they began setting up their systems and then had to redo the work as a result of amendments to the Regulations.

It's also been noted that the whole issue of the implementation of the RDSP should lead to a natural follow-up around the issue of how Trust funds, in general, are treated. Given that the RDSP surpasses trusts for flexibility and the amount of assets allowed within the plan, it should be a logical extension for provinces to grant trusts the same flexibility and treatment as the RDSP, right?

But the devil is, as always, in the details and in this case, the details are exactly how the various provinces will choose to treat the RDSP.

So what's up in that regard in Nova Scotia?

So glad you asked. Unfortunately, the answer appears to be ... not a lot.

You might recall from our previous (numerous) discussions around the Henson Trust that the Department of Community Services (DCS) appears to take the position that no trust (including the Henson Trust) is valid in Nova Scotia when it comes to protecting eligibility for government benefits as from their point of view the beneficiary of the trust has access to assets and thus will be ineligible for benefits. And although I and many others beg to differ from their view when it comes to the Henson Trust, it's correct that, as the legislation is currently worded, discretionary trusts will not protect your child's access to government benefits.

The problem with your typical garden-variety discretionary trust is created by a regulation passed pursuant to the Employment Support and Income Assistance Act which reads as follows:

58 Trust Money Where a sum of money is set aside in trust for an applicant or recipient or a spouse or dependent of an applicant or a recipient by a court or a person other than the applicant or recipient, assistance shall not be granted where it is feasible for the applicant or recipient to obtain support for himself or herself or his or her spouse or dependent child from the sum set aside.

So that's the current situation. And to the best of knowledge, the Department has not made any move to change this regulation. Or given any indication of how they plan to deal with the RSDP.

The RDSP, you see, is a creation of the federal government. So now the feds get to play the 'good guys' while the Provinces have to pony up to the table and allow for fair implementation of the program. And although many provinces have either already done so or have taken some good solid steps in that direction, alas, to date, Nova Scotia does not appear to be one of them.

'So what's up with that?' I ask.

No Longer Just 'Proposed'

The Personal Directives Act has arrived.

In all its glory, so to speak.

A Hearty Welcome To The Proposed 'Personal Directives Act'

Update: In an effort to add some clarity that I feel may have been sorely lacking in this post, I dug around and came across some more succint information at The Legal Information Society of Nova Scotia.

Q - Are there different types of advance health care directives?

A - There are two basic types of advance health care directives,
a proxy directive and an instructional directive.

In a proxy directive, you appoint a person as your proxy and give him or her authority to make health care decisions for you should you become unable to consent to treatment.

In an instructional directive, you set out your wishes for what health care measures you want to be taken for you should you become unable to express your wishes yourself.

You may combine both directives in your advance health care directive, or you may choose to have only one type of directive but not the other.

In Nova Scotia, the law deals only with proxy directives, under the Medical Consent Act. However, you may still provide instructions to direct or guide your proxy in making the proper health care decisions for you.

Bottom line, although "living wills", which are considered instructional directives, are not yet recognized at law in Nova Scotia (although this will likely change with the passing of the proposed Personal Directives Act) they can still be useful devices, as in most situations, I think you will find most healthcare professionals will attempt to follow your stated wishes.

~ ~ ~ ~ ~ ~

Although some Nova Scotians currently make use of 'advance care directives' or 'living wills' in an effort to appoint another person to make decisions on their behalf, give advance instructions or express their wishes on future personal care decisions, presently in Nova Scotia there is no specific legislation governing such documents. This is unfortunate, given that such documents allow individuals, while they are able, to express their personal autonomy in decisions that will affect them in the event of their incapacity.

Currently, the Powers of Attorney Act authorizes a person by execution of a Power of Attorney to authorize another person (the attorney) to manage their estate (property). A Power of Attorney is referred to as an enduring Power of Attorney if it contains a provision expressly stating that it may be exercised during the legal incapacity of the donor. However, the Powers of Attorney Act does not specifically provide for Powers of Attorney for personal care.

The only type of advance health care directive currently available in Nova Scotia is found in the Medical Consent Act. This legislation allows for a person to pre-authorize another person to give consent or direction respecting medical treatment in the event the person becomes incapable of giving consent. However, it does not provide for personal care decisions, other than medical ones, and does not provide for a person to give instructions and express their wishes about personal care decisions, including medical care.

Thus, other than medical care, there is no specific legislative authority to allow a person to appoint another person to make decisions on matters of personal care, for example, with respect to residence, care and services, and matters of comfort. Nor is there any specific legislative authority to allow a person to give advance instructions or express their wishes on future personal care decisions.

And for those who have not made an authorization pursuant to the Medical Consent Act, there is no provision in law that allows for a substitute decision maker for medical decisions for incapable persons outside of a hospital unless there is a court appointed guardian for medical care outside of a hospital.

Many stronlgy believe that other forms of advance health care directives should also be legal in Nova Scotia to better meet the needs of some people and point to the fact that advance health care directives in a variety of forms are available under laws in other provinces.

READ MORE

'It's Your School'

Following are two letters from David Barrett to keep you aware of a advocacy initiative going on in the Halifax Regional Municipality. The thing is, though, I see no reason to keep this great idea limited to the Halifax Board.

What if every school board in the Province had a representative to speak on behalf of special needs students?

Hello Everyone,

Just want to update you in regards to requesting that a position be created for a representative to speak on behalf of students with special needs on the Halifax Regional School Board. Things are moving along well. The Nova Scotia Utilities and Review Board has informed me that they are unable to make a decision of this magnitude. They were also kind enough to forward our e-mails along to the Minister of Education, Karen Casey.

I have also contacted members of the Lib and NDP parties to inform them of the importance of this position if our students are to receive an education appropriate to meeting their needs. I strongly encourage you to express your views and concerns to you local MLA.

The more communication emphasizing the importance of having a Students with Special Needs Representative on the Halifax Regional School Board that crosses their
computers/desks, the better. I am asking that you work with me and contact your
MLA to educate them about this important issue.

If you didn’t have a chance to express your support for this position the first time I made this appeal, there is still time. You can send you letter via email to the
Honourable Minister Karen Casey at: EDUCMIN@gov.ns.ca .

In closing, I would like to thank all of you for supporting our children when it comes to have meaningful programming,

David Barrett , Parent Advocate.
dbarrettl@hotmail.com

~ ~ ~ ~ ~ ~ ~

Dear Education Minister Karen Casey,

I am writing this e-mail in regards to am e-mail campaign I am presently leading. I have also made my MLA Berry Barnet aware of this campaign and who has shown his support and has agreed to speak to you in regards to this subject.

As a parent of a 14 year old special need student and a advocate for children and youth with special needs, who has worked diligently with the HRSB and government departments is regards to education of students with special needs. I find that policy and programming are not properly enforced or even in place in regards to the board it self and in order to fulfil the proper needs of all students to a successful and meaningful education there has to be changes made so that when policy and programming is designed in the HRSB that there is a representative around the table that dedicates to the issues of 20% of the HRSB's student population that are special needs.

Be it resolved that I hear by request for you, Karen Casey the Minister of Education to take a firm look at providing a seat on the HRSB and any other school board which has a special needs population of 15% or more to have a special needs representative.
There for all students within these boards would be evaluated equally when it came to programming and policies(not just the "normal" students).

Along with this I will be sending a copy of this e-mail and the letters of support to other education ministers and my MLA Barry Barnet. As of present I know that you have received approximately 35 e-mails in campaign regarding this issue, some of which were forwarded to you from the UARB board.

In closing I would like to thank you for this opportunity of making sure that our educational system provides a successful and meaningful education for all students, for this is the only goal in which will benefit the education system. I look forward to your response and I will continue correspondence with the other education ministers which I know will be questioning you in regards to this subject.

Thank-
You Parent Advocate,
David Barrett

So what we are going to do about it?



Following is a link to all of the school boards in the Province. Click on the link to your Board and let your thoughts be known. After all, if not you, than who?

Where Do You Turn?

Who do you go to if you suspect abuse of a loved one (or anyone else, for that matter) in a hospital, group home or residential care centre?

The Protection of Persons in Care Act came into force on October 1, 2007.** The legislation attempts to provide an extra safe guard from abuse for patients and residents 16 years of age and older who are receiving care in a Nova Scotia health facility (which includes hospitals, nursing homes, homes for special care or caring for persons with disabilities, group homes and residential centres) and requires health facility administrators and service providers (including staff and volunteers) to promptly report all allegations or instances of abuse.

Anyone else (that's you!) can report abuse by calling 1-800-225-7225.

You can find a few more things you need to know, such as the definition of the term "abuse" and exactly what comprises a "health care facility" here.

** Interesting side note. Although the Act was originally passed in 2004, it was not proclaimed (most Acts do not become effective until they are proclaimed) until October, 2007. Anyone else wondering what that three year delay was all about?

UN Convention on the Rights of Persons with Disabilities To Come Into Force

The following excerpts are from the April 16, 2008, NSACL newsletter:

On Thursday April 3, 2008, the UN Convention on the Rights of Persons with Disabilities received its 20th ratification! The Convention will come in to force 30 days following the 20th ratification (May 3, 2008).

Canada has still not ratified the Convention but we are hopeful that this momentum will encourage them to take action. The Canadian Association for Community Living continues to be in touch with the Government of Canada on this issue and will provide updated information as it is received.

Secretary-General Ban Ki-moon has welcomed the entry into force of the first international treaty on the human rights of persons with disabilities, after the required twentieth country ratified “It is a historic moment in our quest for realization of the universal human rights for ALL persons, creating a fully inclusive society for all,” Mr. Ban’s spokesperson Marie Okabe said in a statement celebrating the rapid progress of the Convention on the rights of Persons with Disabilities which was adopted in December 2006.

“The Convention will be a powerful tool to eradicate the obstacle faced by persons with disabilities,” she said, pointing to discrimination, segregation from society, economic marginalization, and lack of opportunities for participation in social, political and economic decision-making processes. Today’s ratification by Ecuador means that the Convention, along with an optional protocol that will allow individuals and groups to petition for relief, will be legally binding as of 3 May. Tunisia and Jordan also ratified the treaty earlier this week.

From my point of view, the real question is "Why Not"?

Why hasn't Canada ratified the Convention?

Do we have a particularly good reason? Or any reason at all?

Is it just not considered politically expedient at this time?

Is it even on the federal government's radar screen?

As I've noted before, the Convention is not binding on any country that has not ratified it. Ratifying the Convention means that the Minister of Foreign Affairs signs an "instrument of ratifiication" which certifies that the government of Canada ratifies the Convention. This "instrument" will then be deposited with the UN.

Although, once the Convention is ratified, the federal government will be obligated to bring its legislation in line with the Convention, this will not bind the provincial governments. Each provincial government is free to make its own decision in that regard. And, unfortunately many of the laws that affect the daily lives of people with disabilities are provincial laws.

However, first things first. It's time to contact Minister Bernier and request demand that Canada ratify the Convention.

'Sorry, You're A Liability' ... Important Human Rights Issue

Apparently some businesses in this great Province of ours are advising individuals with special needs and their families that their services as employees are not welcome. Wait, let me rephrase that, of course they would be welcome as employees ... provided they provide their own insurance coverage.

Sound strange?

A family in Pictou County has brought a complaint to the Human Rights Commission concerning the actions of two business, Sobeys and Blockbusters. According to the family they were advised by both of these fine corporate citizens that their son would have to provide his own insurance coverage if he wished to work in one of their stores. Without such additional insurance, he was considered a 'liability'. And as a side note, according to the family who, in good faith, made their best efforts to secure such coverage, such insurance doesn't even exist.

The Nova Scotia Human Rights Act prohibits discrimination in respect of employment on the basis of, among other things, physical or mental disability. The Commission will first work to see if some sort of mediated agreement or settlement can be reached between the parties. Failing that, a decision will be made as to whether to forward the complaint to a Board of Inquiry for a hearing.

I must admit that part of me fervently hopes that somehow this family was mistaken, that, as unlikely as it is, they misunderstood the comments of store employees to their enquiries. Not that I really believe that; it's just something I would like to wish to be true. As a lawyer, its very disquieting to think that such practices may be going on in Nova Scotia and, as a parent, it is sickening to consider the possibility.

At any rate, it's certainly an issue to keep an eye on.

I will update you on the complaint as more information becomes available. And if, by chance, your family or someone you know has experienced a similar situation, whether with these employers or others, I would strongly urge you to bring that information forward to the Human Rights Commission. If, indeed, this type of discrimination is being practiced in the Province, it's time to bring it to the light of day and put an immediate end to it.

Such discrimination, if it is occurring, might help to explain statistics like these. (Found on p. 8 of the link)

PAANS Partnership for Access Awareness Scholarships for Students with a Disability

Purpose: To assist Nova Scotians with a disability in their pursuit of post-secondary studies.

Awards - Eight scholarships in the amount of $1,000.00 each are available for the academic year beginning September 2008.

Conditions To be considered, scholarship candidates must:
· Be a person with a permanent disability. 'Permanent Disability' means a limitation that restricts the ability of a person to perform the activities necessary to participate in educational activities or in the labour force within the range considered normal. This limitation is expected to remain with the person for life.
· Be a permanent resident of Nova Scotia
· Be entering or continuing studies in a Canadian post-secondary institution that is recognized by the Association of Universities and Colleges of Canada
· Not be involved in the selection process or be a close family member of any scholarship selection committee member.

Criteria The applications of candidates meeting the above considerations will be forwarded to the selection committee. Applications are weighed on a number of factors including:
· Community involvement
· Extra-curricular activities
· Reaction to obstacles
· Academic performance
· Educational goals and direction

For more info and application form, click here

PAANS
A committee of the Nova Scotia League for Equal OpportunitiesSuite 1211, 5251 Duke St., Halifax, NS B3J 1P3 (P) 902- 424-6920 (F) 902- 444-3059Email: paans@eastlink.ca

Prenatal Screening - The Good, The Bad And The Ugly

Prenatal screening. Letting parents know in advance about any potential problems. Sounds like a good idea, doesn't it?

According to some local advocates, maybe not.

The devil is always in the details and in this case, the details include what information parents are given if a problem is discovered. And even whether such testing is really ethical at all. What, exactly, are we trying to accomplish asks Susan Sherwin, philosophy professor at Dalhousie University.

"These tests are tests not to cure any condition; these tests are aimed at actually avoiding the condition by avoiding the birth of people with the condition in question. Medicine’s solution to Down syndrome is ‘let’s stop the person from being born.’ This is a very unusual public policy.”

The statistics point to over 90 per cent of pregnancies diagnosed with Down syndrome being terminated. The President and co-founder of the Nova Scotia Down's Syndrome Society poses an interesting question ... just what exactly are parents whose pre-natal screening show that their child will have Down's Syndrome, for example, being told? And perhaps more importantly, what aren't they being told?

An excerpt from a Petition currently being circulated in this regard:

Technological advances in fetal screening are presenting parents -and doctors-with enormous ethical, psychological and social dilemmas. Vulnerable, and with limited or biased information as guidance, more than 90% of prospective parents in Canada choose termination if their baby is diagnosed prenatal with Down syndrome. They may never know there is a world of resources, hope and support out there. In spite of tireless efforts from support groups their information pamphlets rarely reach prospective parents at the time they need it most.

In other countries legislation has been passed or is being debated [Update: and apparently has now been passed] which ensures prospective parents are supplied with balanced information about the diagnosed condition and educational programs for health care providers are established. Although Canada has seen a huge increase in prenatal screening and testing, with most provinces, including Nova Scotia, now funding such procedures, we have not seen similar legislation passed in any province.

In November of 2007, a panel discussion, organized by the Nova Scotia Down's Syndrome Society, was held on this issue. Think about it, the difference between being told that your baby will be born with Down's Syndrome, followed by a virtual shopping list of possible mental, physical and behavioural complications and a possible solution, terminating the pregnancy. Or being given your child's diagnosis along with balanced information as to what that actually means and what services are out there for you, your family and your infant.

The Nova Scotia Down Syndrome Society believes that non-directive and balanced information about all options should be at the heart of prenatal screening.

It's interesting to note that the Nova Scotia Down Syndrome Society has experienced a sharp reduction (of about 85%) in registrations of new families during 2007. What is the value of our children's lives, be they diagnosed with Down's Syndrome or some other condition? Is it too much to ask for our medical professionals to ensure that balanced, non-directive information is provided to parents at the time they are given such potentially life-shattering news?

Renate is a good writer; she writes as one who has been there, as a parent of two daughters with Down's Syndrome; from the heart and also speaks from a place of knowledge (as President of the Nova Scotia Down's Syndrome Society). Read some more of what she has to say.

Meanwhile she offers this for us to ponder.

Just to back up the 'Welcome to Canada' poem with hard facts is this article, Jan 2008 published in the Int. Journal of Pediatrics. Prevalence of DS in the Netherlands is 16 in 10,000 births, this is an increase of about 50% since 20 years ago.

Compare that to NS, where in 2007, to my knowledge about 3 babies with DS were born in a total of 8,500 births. Yet officials maintain that counselling to women is non-directive.

You can find the Petition here. I urge you to seriously consider this issue. And then add your name to the voices demanding change. Demanding fairness for all our children, no matter their diagnosis.

The Food Game - N.S. Woman Develops Book To Improve Eating Habits Of Autistic Kids

Jean Nicol, a [former?] resource teacher in the Chignecto-Central Regional School Board (who apparently has a degree in nutrition and has spent 25 years working with autistic children) has has created a meal-planning tool to help autistic children overcome fussy eating habits.

It's called The Eating Game (Get Awesome Meals Everyday).

Many children with autism will fixate on a few types of food and refuse to eat anything else, Nicol explained in an interview with CBC News, a tendency that frustrates and worries parents who want their children to eat healthy meals. So starting with a child who would only eat two types of food, Ms. Nicol began by putting pictures of food from Canada's Food Guide in a three-ring binder, and then letting him choose his snacks and meals from the pictures. After he had done so, he would place the picture of his chosen food on a grid on the family fridge.

This meal-planning system turned into The Eating Game, with children choosing their foods and putting the velcro-backed pictures on a colour-coded guide to ensure they're meeting food guide recommendations. The method is based on Nicol's theory that it's not the food's taste or texture that makes autistic children fussy, but a need for routine. That and the fact that it gives these kids some of the control they feel they are lacking in their environment.

And that first child, Ethan, who led to the start of this program? His mom, Shirley Hillier, said the improvement in her son has been "huge" and she gives a lot of the credit for Ethan gaining weight to The Eating Game.

"He liked hot dogs and rice, and he would have eaten that breakfast, dinner, supper and snack," she said, explaining that now "I'd say he's eating over a hundred new foods."

Ethan agreed, adding, "I like all the foods in the whole wide world," citing his latest favourites as macaroni and garlic fingers.

The first edition of the book went on sale in November and it seems quite popular. Since then Ms. Nicol has launched her own business, EyeCan Creations, and contracted out the manufacturing to Sackville, N.S.-based Anchor Industries, where 40 mentally challenged employees cut out and assemble the books.

The second edition sells for $50 and features pictures of food drawn by a local artist.

Although this post is by no means a personal recommendation, I have been provided with a copy of the order form. So if you think you might be interested, leave a comment or drop me an email (using the Profile link) and I will send you a copy.

Your Invitation From The Federal Government

Alas, no hearings to be held in Nova Scotia but you just never know who may be reading so ... pass it on.

March 19, 2008

Re: Invitation to consult on proposed draft Canada Disability Savings Regulations

As part of our ongoing efforts to engage financial institutions and the disability community in an active dialogue, the Office for Disability Issues is inviting you to participate in a half-day consultation session on proposed draft CanadaDisability Savings Regulations.

Budget 2007 acted on the recommendations of the Expert Panel on Financial Security for Children with Severe Disabilities by announcing the introduction of a new Registered Disability Savings Plan (RDSP), a tax-assisted vehicle for long term savings that can receive contributions from the Government of Canada in addition to contributions by individuals and organizations. Government contributions will consist of a Canada Disability Savings Grant (CDSG) and a Canada Disability Savings Bond (CDSB).

Once adopted, the Canada Disability Savings Regulations will complete the legal framework established by the Income Tax Act and the Canada Disability Savings Act and outline the Terms and Conditions that must be included in agreements with Issuers that will offer RDSP and the information that those RDSP Issuers must collect on behalf of the Government of Canada.

The consultation meeting will provide a forum to discuss the proposed draft Regulations (attached for your review), and answer questions on the proposed draft RT405.ithmbT405.ithmbegulations.

Half-day consultations will be
held in:

Vancouver, BC on March 31 (by video conference)
9:00 am to 12:00 pm
Hyatt Regency, Georgia A room
655 Burrard Street, Vancouver, BC

Toronto, ON on April 1
First session: 9:00 am to 12:00 pm
Second session: 1:30 pm to 4:30 pm
Accor Hotels-Novotel Toronto Centre, Alsace room
45 The Esplanade, Toronto, ON

Montréal, QC on April 2
9:00 am to 12:00 pm
Hyatt Regency Montreal, Picardie room
1255 Jeanne-Mance,
Montreal, QC

Ottawa, ON on April 3
9:00 am to 12:00 pm
Place Vanier, room 12B023
355 North River Road, Ottawa, ON

Please confirm your attendance or that of your designate by sending an e-mail to the Canada Disability Savings Program electronic mailbox at cdsp-pcei@hrsdc-rhdsc.gc.ca by March 25, 2008. Please ensure that we have complete information of the person attending, including name, title and contact information, and any accessibility requirements, as well as the session date and time.

Should you have any questions or comments, or if you would prefer to provide your feedback in writing, please do not hesitate to contact Susannah Hill at 613-941-2610 or cdsp-pcei@hrsdc-rhdsc.gc.ca. Please provide written comments by April 11, 2008.

We look forward to a productive meeting. Your views are important and we hope, through these consultations, to further strengthen this new initiative as an effective vehicle in improving the financial security of people with severe and prolonged disabilities.


Caroline Weber
Director General
Office for
Disability Issues

New Tax Credit for 2007 Tax Year

While this won't do you any good for your 2006 taxes, I've just learned that there is a new federal tax credit for a Children's Fitness Amount for 2007, with a special little bonus attached for children with disabilities.

You can claim to a maximum of $500 per child, the fees paid in 2007 that relate to the cost of registering your or your spouse or common-law partner’s child in a prescribed program of physical activity. The child must have been under 16 years of age at the beginning of the year.

And it appears that, unlike the Nova Scotia tax credit, the organization does not have to be registered or approved by government in order for you to claim the fees. It's only necessary that the activity meet the relevant definition.

But what's this special bonus for children with disabilities, you ask?

Children with disabilities – If the child qualifies for the disability amount and is under 18 years of age at the beginning of the year, an additional amount of $500 can be claimed provided that a minimum of $100 is paid on registration or membership fees for a prescribed program of physical activity.

That's right, Virginia, there is a Santa Claus ... if you're eligible for the maximum amount of the tax credit ($500), you can claim double that amount if your child qualifies for the disability tax credit. And even if you're not eligible for the full amount ($500), you can still claim an additional $500 credit provided your child qualifies for the disability tax credit and you spent $100 on fees for a prescribed program of physical activity.

And note that while the regular tax credit is only available for children under the age of 16 years, the extra credit for children with disabilities is available to children under the age of 18 years.