What is the test for applying s. 9 of the Child Support Guidelines?

In Hus v. Hus[7] the court stated: 5 The onus is on the parent wishing to invoke the operation of s. 9 to demonstrate to the court's satisfaction that a shared custody arrangement as contemplated by s. 9 is in fact in place, and has been, or will be in place over the course of a year. While it is not necessary that there be in all circumstances a written agreement or court order to this effect before the onus can be discharged, the court should, in my opinion, exercise caution before imposing a s. 9 child support regime on what may be a short term informal custody arrangement. 6 In this case, the respondent is prematurely relying on s. 9. A track record has not yet been established. Whether or not he will continue to have access to or physical custody of the children for more than 40 percent of the time over the course of a year is unclear. Accordingly, I am bound to determine child support having regard only to the respondent's income and the applicable table. [