HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 -- Introductory Provisions
Interpretation
1 (1) In this Act:
"applicant" means the person
in a family unit who applies under this Act for income assistance, hardship
assistance or a supplement on behalf of the family unit, and includes
(a) the person's spouse, if the spouse
is a dependant, and
(b) the person's adult dependants;
"business day" means a day
other than Saturday or a holiday;
"chair" means the chair of
the tribunal appointed under section 19 [employment and assistance appeal
tribunal];
"child" means an unmarried
person under 19 years of age;
"dependant", in relation to a person, means anyone who resides with the person and who
(a) is the spouse of the person,
(b) is a dependent child of the person, or
(c) indicates a parental responsibility for the person's dependent child;
(B.C. Reg. 193/2006)
"dependent child", with respect
to a parent, means a child, other than a child who is 18 years of age and is
a person with disabilities, who resides in the parent's place of residence for
more than 50% of each month and relies on that parent for the necessities of
life, and includes a child in circumstances prescribed under subsection (2);
"dependent youth" means a dependent
child who has reached 16 years of age;
"employment plan" means a plan
required under section 9 [employment plan] and includes an amended employment
plan;
"family unit" means an applicant
or a recipient and his or her dependants;
"former Act" means
(a) the BC Benefits (Income Assistance)
Act,
(b) the BC Benefits (Youth Works)
Act, or
(c) the BC Benefits (Appeals) Act;
"hardship assistance" means
an amount for shelter and support provided under section 5 (1) [hardship
assistance];
"income assistance" means an
amount for shelter and support provided under section 4 [income assistance
and supplements];
"panel" means a panel, appointed
under section 22 (1) [panels of the tribunal to conduct appeals], of
the tribunal;
"person with disabilities"
has the same meaning as in the Employment and Assistance for Persons with
Disabilities Act;
"recipient" means the person
in a family unit to or for whom income assistance, hardship assistance or a
supplement is provided under this Act for the use or benefit of someone in the
family unit, and includes
(a) the person's spouse, if the spouse
is a dependant, and
(b) the person's adult dependants;
"spouse"has the meaning in section 1.1;
"supplement" means any form
of assistance specified by regulation, other than income assistance, hardship
assistance or financial assistance provided under section 6 [financial assistance
to service or program providers] and, without limitation, includes access
to programs established or funded under this Act;
"tribunal" means the Employment
and Assistance Appeal Tribunal established under section 19 [Employment and
Assistance Appeal Tribunal].
(2) The Lieutenant Governor in Council
may prescribe other circumstances in which a child is a dependent child of a
parent for the purposes of this Act.
(3) For the purpose of the definition of "dependant", spouses do not reside apart by reason only that a spouse is employed or self-employed in a position that requires the spouse to be away from the residence of the family unit for periods longer than a day. (B.C. Reg. 193/2006)
Meaning of "spouse"
1.1 (1) Two persons, including persons of the same gender, are spouses of each other for
the purposes of this Act if
(a) they are married to each other, or
(b) they acknowledge to the minister that they are residing together in a
marriage-like relationship.
(2) Two persons who reside together, including persons of the same gender, are
spouses of each other for the purposes of this Act if
(a) they have resided together for at least
(i) the previous 3 consecutive months, or
(ii) 9 of the previous 12 months, and
(b) the minister is satisfied that the relationship demonstrates
(i) financial dependence or interdependence, and
(ii) social and familial interdependence,
consistent with a marriage-like relationship.
(B.C. Reg. 193/2006)
Eligibility
of family unit
2 For the purposes of this
Act, a family unit is eligible, in relation to income assistance, hardship assistance
or a supplement, if
(a) each person in the family unit
on whose account the income assistance, hardship assistance or supplement is
provided satisfies the initial and continuing conditions of eligibility established
under this Act and the regulations, and
(b) the family unit has not been declared
ineligible for the income assistance, hardship assistance or supplement under
this Act or the regulations.
Act does not
apply to persons with disabilities
3 A family unit that includes
a person with disabilities is not eligible for income assistance or hardship
assistance under this Act.
Part 2 -- Assistance
Income assistance
and supplements
4 Subject to the regulations,
the minister may provide income assistance or a supplement to or for a family
unit that is eligible for it.
Hardship assistance
5 (1) Subject to the regulations,
the minister may provide hardship assistance to or for a family unit that
(a) is eligible for it, and
(b) is not eligible for income assistance.
(2) If hardship assistance is repayable,
before providing it the minister may specify and require a particular type of
security for repayment.
Financial assistance
to service or program providers
6 The minister may provide
financial assistance to a person who, or group of persons that, undertakes to
provide a service or program that, in the minister's opinion, will promote the
purposes of this Act.
Employment-related
programs
7 The minister may establish
or fund employment-related programs for applicants, recipients or dependent
youths who have difficulty finding or maintaining employment.
Requirement
for 2 years employment
8 (1) For a family unit to
be eligible for income assistance, at least one applicant in the family unit
must have
(a) been employed for remuneration
for at least the prescribed number of hours in each of two consecutive years,
(b) earned remuneration for employment
in at least the prescribed amount in each of two consecutive years, or
(c) been employed for remuneration
for a portion of two consecutive years and for the balance of those years either
(i) served a waiting period in respect
of, or received benefits under, a claim under the Employment Insurance Act
(Canada), or
(ii) received income under a public
or private income replacement program or plan.
(2) The Lieutenant Governor in Council
may prescribe categories of applicants to whose family units this section does
not apply.
Employment plan
9 (1) For a family unit to
be eligible for income assistance or hardship assistance, each applicant or
recipient in the family unit, when required to do so by the minister, must
(a) enter into an employment plan,
and
(b) comply with the conditions in
the employment plan.
(2) A dependent youth, when required
to do so by the minister, must
(a) enter into an employment plan,
and
(b) comply with the conditions in
the employment plan.
(3) The minister may specify the conditions
in an employment plan including, without limitation, a condition requiring the
applicant, recipient or dependent youth to participate in a specific employment-related
program that, in the minister's opinion, will assist the applicant, recipient
or dependent youth to
(a) find employment, or
(b) become more employable.
(4) If an employment plan includes
a condition requiring an applicant, a recipient or a dependent youth to participate
in a specific employment-related program, that condition is not met if the person
(a) fails to demonstrate reasonable
efforts to participate in the program, or
(b) ceases, except for medical reasons,
to participate in the program.
(5) If a dependent youth fails to
comply with subsection (2), the minister may reduce the amount of income assistance
or hardship assistance provided to or for the family unit by the prescribed
amount for the prescribed period.
(6) The minister may amend, suspend
or cancel an employment plan.
(7) A decision under this section
(a) requiring a person to enter into
an employment plan,
(b) amending, suspending or cancelling
an employment plan, or
(c) specifying the conditions of an
employment plan
is final and conclusive and is not
open to review by a court on any ground or to appeal under section 17 (3) [reconsideration
and appeal rights].
Information
and verification
10 (1) For the purposes of
(a) determining whether a person wanting
to apply for income assistance or hardship assistance is eligible to apply for
it,
(b) determining or auditing eligibility
for income assistance, hardship assistance or a supplement,
(c) assessing employability and skills
for the purposes of an employment plan, or
(d) assessing compliance with the
conditions of an employment plan,
the minister may do one or more of
the following:
(e) direct a person referred to in
paragraph (a), an applicant or a recipient to supply the minister with information
within the time and in the manner specified by the minister;
(f) seek verification of any information
supplied to the minister by a person referred to in paragraph (a), an applicant
or a recipient;
(g) direct a person referred to in
paragraph (a), an applicant or a recipient to supply verification of any information
he or she supplied to the minister.
(2) The minister may direct an applicant
or a recipient to supply verification of information received by the minister
if that information relates to the eligibility of the family unit for income
assistance, hardship assistance or a supplement.
(3) Subsection (1) (e) to (g) applies
with respect to a dependent youth for a purpose referred to in subsection (1)
(c) or (d).
(4) If an applicant or a recipient
fails to comply with a direction under this section, the minister may declare
the family unit ineligible for income assistance, hardship assistance or a supplement
for the prescribed period.
(5) If a dependent youth fails to
comply with a direction under this section, the minister may reduce the amount
of income assistance or hardship assistance provided to or for the family unit
by the prescribed amount for the prescribed period.
Reporting obligations
11 (1) For a family unit to
be eligible for income assistance, a recipient, in the manner and within the
time specified by regulation, must
(a) submit to the minister a report
that
(i) is in the form prescribed by the
minister, and
(ii) contains the prescribed information,
and (B.C. Reg. 263/2002)
(b) notify the minister of any change
in circumstances or information that
(i) may affect the eligibility of
the family unit, and
(ii) was previously provided to the
minister.
(2) A report under subsection (1)
(a) is deemed not to have been submitted unless the accuracy of the information
provided in it is affirmed by the signature of each recipient.
Not in Force
12 [Not in Force]
Consequences
of not meeting employment-related obligations
13 (1) Subject
to the conditions of an employment plan, the family unit of an applicant or
a recipient is subject to the consequence described in subsection (2) for a
family unit matching the applicant's or recipient's family unit if
(a) at any time while a recipient in the family unit
is receiving income assistance or hardship assistance or within 60 days
before an applicant in the family unit applies for income assistance, the
applicant or recipient has
(i) failed to accept suitable employment,
(ii) voluntarily left employment without just cause, or
(iii) been dismissed from employment for just cause, or
(b) at any time while a recipient in the family unit
is receiving income assistance or hardship assistance, the recipient fails
to demonstrate reasonable efforts to search for employment. (B.C. Reg. 263/2002)
(2) For the purposes of subsection
(1),
(a) if a family unit includes dependent
children, the income assistance or hardship assistance provided to or for the
family unit must be reduced by the prescribed amount for the prescribed period,
and
(b) if a family unit does not include
dependent children, the family unit is not eligible for income assistance for
the prescribed period.
(3) The Lieutenant Governor in Council
may specify by regulation categories of applicants or recipients to whose family
units this section does not apply.
Consequences
of not accepting or disposing of property
14 (1) The minister may take
action under subsection (3) if, within 2 years before the date of application
for income assistance or hardship assistance or at any time while income assistance
or hardship assistance is being provided, an applicant or a recipient has done
either of the following:
(a) failed to accept or pursue income,
assets or other means of support that would, in the minister's opinion, enable
the applicant or recipient to be completely or partly independent of income
assistance, hardship assistance or supplements;
(b) disposed of real or personal property
for consideration that, in the minister's opinion, is inadequate.
(2) A family unit is not eligible
for income assistance for the prescribed period if, within 2 years before the
date of application for income assistance or hardship assistance or at any time
while income assistance or hardship assistance is being provided, an applicant
or a recipient has done either of the following:
(a) disposed of real or personal property
to reduce assets;
(b) [Not in force.]
(3) In the circumstances described
in subsection (1), the minister may
(a) reduce the amount of income assistance
or hardship assistance provided to or for the family unit by the prescribed
amount for the prescribed period, or
(b) declare the family unit of the
person ineligible for income assistance or hardship assistance for the prescribed
period.
Consequences
for conviction or judgment in relation to Act
15 (1) A family unit that includes
a person who is convicted of an offence under the Criminal Code in relation
to obtaining money, under this Act or the Employment and Assistance for Persons
with Disabilities Act, by fraud or false or misleading representation is subject to the consequence described in subsection (5) for a family unit
that matches the person's family unit for the lifetime of the person, beginning
with the first calendar month following the date of the conviction.
(2) A family unit that includes a
person who is convicted of an offence under this Act or the Employment and
Assistance for Persons with Disabilities Act is subject to the consequence
described in subsection (5) for a family unit that matches the person's family
unit, beginning with the first calendar month following the date of conviction,
(a) after a first conviction, for
a period of 12 consecutive months,
(b) after a second conviction, for
a period of 24 consecutive months, and
(c) after a third conviction, for
the lifetime of the person.
(3) If
(a) Repealed (B.C. Reg. 193/2006)
(b) a court has given judgment in
favour of the government in an action for debt against a person for obtaining
income assistance, hardship assistance or a supplement under this Act, or disability
assistance, hardship assistance or a supplement under the Employment and
Assistance for Persons with Disabilities Act, for which he or she was not
eligible,
unless the income assistance, hardship
assistance, disability assistance or supplement was provided to or for the person
in error, the minister may declare that the person's family unit is subject
to the consequence described in subsection (5) for a family unit that matches
the person's family unit for the prescribed period, beginning with the first
calendar month following the date of the judgment.
(4) The periods prescribed for the
purpose of subsection (3) may vary with the number of applicable judgments.
(5) If a family unit includes
(a) only persons described in subsection
(1) or (2), or subsection (3) if the minister has made a declaration under that
subsection, the family unit is not eligible for income assistance for the applicable
period, and
(b) one or more persons described
in subsection (1) or (2), or subsection (3) if the minister has made a declaration
under that subsection, and at least one other person, the amount of income assistance,
hardship assistance or a supplement provided to or for the family unit must
be reduced by the prescribed amount for the applicable period.
Consequences for providing inaccurate or incomplete information
15.1 (1) The minister may take action under subsection (2) if the minister determines that
(a) income assistance, hardship assistance or a supplement was provided to or for a family unit that was not eligible for it,
(b) the income assistance, hardship assistance or supplement was provided to or for the family unit on the basis of inaccurate or incomplete information provided by the applicant or recipient
(i) under section 10 (1) (e) [information and verification], or
(ii) in a report under section 11 (1) [reporting obligations], and
(c) in the minister’s opinion the applicant or recipient failed to take the necessary steps to ensure the accuracy or completeness of the information before providing it to the minister.
(2) In the circumstances described in subsection (1), the minister may reduce the income assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.
(3) The periods prescribed for the purposes of subsection (2) may vary with the number of determinations made under subsection (1) in relation to a family unit.
(4) If a family unit that is subject to a reduction under section 14.1 of the Employment and Assistance for Persons with Disabilities Act qualifies for income assistance or hardship assistance under this Act before the period prescribed for the purposes of section 14.1 (2) of that Act expires, the reduction is deemed to have been imposed under subsection (2) of this section.
(B.C. Reg. 193/2006)
Consequences in relation to outstanding arrest warrants
15.2 (1) No income assistance, hardship assistance or supplement may be paid to or for a
family unit on account of an applicant or recipient for whom a warrant for arrest
has been issued under
(a) the Immigration and Refugee Protection Act (Canada), or
(b) any other enactment of Canada in relation to an indictable offence, and
on whom the warrant has not been executed.
(2) Despite section 5 and subsection (1) of this section, and subject to the regulations, the minister may provide
(a) income assistance, hardship assistance or a supplement to or for the family unit on account of the person who is subject to the warrant, or
(b) a supplement to
(i) the person who is the subject of the warrant, for the purpose of the person returning to the jurisdiction that issued the warrant, or
(ii) the family unit, for the purpose of the family unit returning to the jurisdiction that issued the warrant.
(3) If a family unit includes a person described in subsection (1), the person’s income and assets must be included in the income and assets of the family unit for the purposes of determining whether the family unit is eligible for income assistance, hardship assistance or a supplement, except as otherwise provided in the regulations.
(4) In this section, “indictable offence” includes an offence that is deemed under section 34 (1) of the Interpretation Act (Canada) to be an indictable offence.
(B.C. Reg. 73/2010)
Applying periods
of ineligibility and reduction
16 (1) If a family unit is
ineligible for income assistance or hardship assistance for a month for more
than one reason or on account of more than one person, the month counts towards
the period of ineligibility applicable for each reason and on account of each
person.
(2) If a family unit is ineligible
for income assistance or hardship assistance for a period that overlaps with
a period when the income assistance, hardship assistance or a supplement provided
to or for the family unit are subject to a reduction, the period of the reduction
is reduced by the period of the overlap.
(3) If the income assistance, hardship
assistance or a supplement provided to or for the family unit are subject to
a reduction for more than one reason or on account of more than one person in
the family unit for a month, the income assistance, hardship assistance or a
supplement provided to or for the family unit for the month must be reduced
for each reason and for each person.
Part 3 -- Appeals
Reconsideration
and appeal rights
17 (1) Subject to section 18,
a person may request the minister to reconsider any of the following decisions
made under this Act or the regulations:
(a) a decision that results in a refusal
to provide income assistance, hardship assistance or a supplement to or for
someone in the person's family unit;
(b) a decision that results in a discontinuance
of income assistance or a supplement provided to or for someone in the person's
family unit;
(c) a decision that results in a reduction
of income assistance or a supplement provided to or for someone in the person's
family unit;
(d) a decision in respect of the amount
of a supplement provided to or for someone in the person's family unit if that
amount is less than the lesser of
(i) the maximum amount of the supplement
under the regulations, and
(ii) the cost of the least expensive
and appropriate manner of providing the supplement;
(e) a decision respecting the conditions
of an employment plan under section 9 [employment plan].
(2) A request under subsection (1)
must be made, and the decision reconsidered, within the time limits and in accordance
with any rules specified by regulation.
(3) Subject to a regulation under
subsection (5) and to sections 9 (7) [employment plan], 18 and 27 (2)
[overpayments], a person who is dissatisfied with the outcome of a request
for a reconsideration under subsection (1) (a) to (d) may appeal the decision
that is the outcome of the request to the tribunal.
(4) A right of appeal given under
subsection (3) is subject to the time limits and other requirements set out
in this Act and the regulations.
(5) The Lieutenant Governor in Council
may designate by regulation
(a) categories of supplements that
are not appealable to the tribunal, and
(b) circumstances in which a decision
to refuse to provide income assistance, hardship assistance or a supplement
is not appealable to the tribunal.
No appeal from
decision based on same circumstances
18 If a person reapplies for
income assistance, hardship assistance or a supplement after
(a) the eligibility of the person's
family unit for the income assistance, hardship assistance or supplement has
been determined under this Act,
(b) a right of appeal under section
17 (3) has been exercised in respect of the determination referred to in paragraph
(a), and
(c) the decision of the tribunal in
respect of the appeal referred to in paragraph (b) has been implemented,
no right of reconsideration or appeal
exists in respect of the second or a subsequent application unless there has
been a change in circumstances relevant to the determination referred to in
paragraph (a).
Employment
and Assistance Appeal Tribunal
19 (1) The Employment and Assistance
Appeal Tribunal is established to determine appeals of decisions that are appealable
under
(a) section 17 (3) [reconsideration
and appeal rights] of this Act,
(b) section 16 (3) [applying periods
of ineligibility and reduction] of the Employment and Assistance for
Persons with Disabilities Act, and
(c) section 6 (3) [financial assistance
to service or program providers] of the Child Care Subsidy Act.
(2) The tribunal consists of the following individuals
appointed after a merit based process:
(a) a member appointed by the Lieutenant Governor
in Council and designated as the chair;
(b) one or more members appointed by the Lieutenant
Governor in Council and designated as vice chairs after consultation with
the chair;
(c) other members appointed by the minister after consultation with the
chair.
(B.C. Reg. 45/2004)
(3) To be eligible for an appointment under subsection
(2), a person must have the prescribed qualifications. (B.C. Reg. 45/2004)
(4) The chair and vice chair may be paid the remuneration
specified by the Lieutenant Governor in Council in accordance with general
directives of Treasury Board. (B.C. Reg. 425/2004)
(B.C. Reg.425/2004)
(5) A member of the tribunal, other
than the chair or vice chair, may be paid remuneration in the time and manner
and at the rates prescribed by the Lieutenant Governor in Council in accordance
with general directives of Treasury Board.
Application
of Administrative Tribunals Act
19.1 (1) Sections
1 to 6, 7 (1) and (2), 8, 9, 30, 44, 46.3, 55, 56, 58 and 61 of the Administrative
Tribunals Act apply to the tribunal. (B.C. Reg. 425/2004)
Maintenance of order at hearings
19.2 (1) At an oral hearing, the chair of a
panel of the tribunal may make any orders or give any directions considered
necessary for the maintenance of order at the hearing, and, if any person
disobeys or fails to comply with any order or direction, the chair of the
panel may call on the assistance of any peace officer to enforce the order
or direction. (B.C. Reg. 425/2004)
(2) A peace officer called on under subsection (1)
may take any action that is necessary to enforce the order or direction and
may use any force that is reasonably required for that purpose. (B.C. Reg.
425/2004)
(3) Without limiting subsection (1), the chair of a panel of the tribunal,
by order, may impose restrictions on the continued participation in or attendance
of a person in a proceeding. (B.C. Reg. 425/2004)
Time limit for judicial review
19.3 (1) An application for judicial review
of a final decision of the tribunal must be commenced within 60 days of the
date the decision is issued. (B.C. Reg. 425/2004)
(2) Despite subsection (1), either before or after
expiration of the time, the court may extend the time for making the application,
on terms the court considers proper, if it is satisfied that there are serious
grounds for relief, there is a reasonable explanation for the delay and no
substantial prejudice or hardship will result to a person affected by the
delay.
(B.C. Reg. 425/2004)
Powers and
duties of the chair
20 (1) The chair must submit
to the minister an annual report concerning the tribunal's activities.
(B.C. Reg. 425/2004)
(2) The chair may
(a) establish practices and procedures not inconsistent with the regulations
for the tribunal, and
(b) Repealed (B.C. Reg. 425/2004)
(3) The chair may terminate an appointment
to a panel and may fill a vacancy on a panel before a hearing starts.
(4) Employees may be appointed under
the Public Service Act as required to enable the tribunal, the chair
or vice chairs to exercise their powers or perform their duties.
Commencing
an appeal
21 (1) A person who has a right
of appeal to the tribunal must commence the appeal in the prescribed manner
within 7 business days of the date the person receives notice of the decision
being appealed.
(2) If a person who has a right of
appeal to the tribunal does not commence an appeal within the period specified
under subsection (1),
(a) the person is deemed to have accepted
the minister's decision, and
(b) the minister's decision is final
and conclusive and is not open to review in a court on any ground or to appeal
to the tribunal.
Panels of the
tribunal to conduct appeals
22 (1) If a person commences an appeal in accordance with section 21 (1), the chair
must appoint a panel consisting of up to 3 members of the tribunal to hear and
determine the appeal. (B.C. Reg. 160/2007)
(2) If a panel consists of more than one member, the chair must designate a chair of
the panel from among the members of the panel, and if a panel consists of one
member, that member is the chair of the panel. (B.C. Reg. 160/2007)
(3) A panel must conduct a hearing
into the decision being appealed within the prescribed period either
(a) orally, or
(b) with the consent of the parties,
in writing.
(4) In a hearing referred to in subsection
(3), a panel may admit as evidence only
(a) the information and records that
were before the minister when the decision being appealed was made, and
(b) oral or written testimony in support
of the information and records referred to in paragraph (a).
(5) Evidence referred to in subsection
(4) may be admitted whether or not it would be admissible as evidence in a court
of law.
(6) The panel chair is responsible
for deciding any question of practice or procedure that arises during a hearing
and is not provided for in the regulations or in the practices and procedures
of the chair under section 20 (2) (a) [powers and duties of the chair].
Dismissal of
appeal
23 (1) If at any time before
a panel makes a decision under section 24 [decision of panel], both parties
to the appeal consent to the dismissal of the appeal by each signing the form
specified by the minister,
(a) if the hearing required by section
22 (3) has not started,
(i) the minister must notify the chair
of the consent to dismiss,
(ii) the chair must withdraw the appeal
from the panel, and
(iii) no remuneration under section
19 (5) [employment and assistance appeal tribunal] may be paid in respect
of the appeal, and
(b) if the hearing required by section
22 (3) [panels of the tribunal to conduct appeals] has started,
(i) the minister must notify the chair
of the consent to dismiss,
(ii) the chair must advise the panel
of the consent, and
(iii) the panel must dismiss the appeal.
(2) A panel may dismiss an appeal
if it considers that the appeal is frivolous, vexatious or trivial or is not
brought in good faith.
Decision of
panel
24 (1) After holding the hearing
required under section 22 (3) [panels of the tribunal to conduct appeals],
the panel must determine whether the decision being appealed is, as applicable,
(a) reasonably supported by the evidence,
or
(b) a reasonable application of the
applicable enactment in the circumstances of the person appealing the decision.
(2) For a decision referred to in
subsection (1), the panel must
(a) confirm the decision if the panel
finds that the decision being appealed is reasonably supported by the evidence
or is a reasonable application of the applicable enactment in the circumstances
of the person appealing the decision, and
(b) otherwise, rescind the decision,
and if the decision of the tribunal cannot be implemented without a further
decision as to amount, refer the further decision back to the minister.
(3) The panel must provide written
reasons for its decision under subsection (2).
(4) Notice of the decision and reasons
of the panel must be given in accordance with the regulations.
(5) A decision of a majority of a
panel is the decision of the tribunal. (B.C. Reg. 425/2004)
(6) The tribunal has exclusive jurisdiction to inquire into, hear and determine
all those matters and questions of fact, law and discretion arising or required
to be determined in an appeal under section 19 and make any order permitted
to be made. (B.C. Reg. 425/2004)
(7) A decision or order of the tribunal under this Act on a matter in respect
of which the tribunal has exclusive jurisdiction is final and conclusive and
is not open to question or review in any court.
(B.C. Reg. 425/2004)
Vexatious proceedings
25 If, on application by the
minister, the Supreme Court is satisfied that a person has habitually, persistently
and without reasonable grounds, instituted vexatious appeals to the tribunal,
the court, after hearing that person or giving him or her an opportunity to
be heard, may order that an appeal to the tribunal must not, without leave of
the court, be instituted by that person.
Immunity from
action
26. Repealed. (B.C. Reg. 425/2004)
Part 4 -- General Provisions
Overpayments
27 (1) If income assistance,
hardship assistance or a supplement is provided to or for a family unit that
is not eligible for it, recipients who are members of the family unit during
the period for which the overpayment is provided are liable to repay to the
government the amount or value of the overpayment provided for that period.
(2) The minister's decision about
the amount a person is liable to repay under subsection (1) is not appealable
under section 17 (3) [reconsideration and appeal rights].
Liability for
and recovery of debts under Act
28 (1) An amount that a person
is liable to repay under this Act or the regulations is a debt due to the government
that may be
(a) recovered in a court that has
jurisdiction, or
(b) deducted in accordance with the
regulations, from any subsequent income assistance, hardship assistance or supplement
for which the person's family unit is eligible or from an amount payable to
the person by the government under a prescribed enactment.
(2) Subject to the regulations, the
minister may enter into an agreement, or accept any right assigned, for the
repayment of an amount referred to in subsection (1).
(3) An agreement under subsection
(2) may be entered into before or after the income assistance, hardship assistance
or supplement to which it relates is provided.
(4) A person is jointly and separately
liable for a debt referred to under subsection (1) that accrued in respect of
a family unit while the person was a recipient in the family unit.
No garnishment,
attachment, execution or seizure
29 (1) Income assistance, hardship
assistance and supplements are exempt from garnishment, attachment, execution
or seizure under any Act.
(2) Subsection (1) does not prevent
income assistance, hardship assistance or a supplement being retained by way
of a deduction or set off under this Act, the Financial Administration Act
or a prescribed enactment.
Agreements
30 (1) Subject to subsections
(2) and (2.1), the minister may enter into an agreement with any person or group of persons.
(2) With the prior approval of the
Lieutenant Governor in Council, the minister may enter into any of the following:
(a) an agreement with the government
of Canada or an agency of the government of Canada;
(b) the government of a province or another jurisdiction in Canada or an agency of the government of a province or other jurisdiction;
(c) the government of a state of the United States or an agency of that government.
(2.1) With the prior approval of the Lieutenant Governor in Council, the minister may
enter into an information-sharing agreement with
(a) a public body as defined in the Freedom of Information and Protection of
Privacy Act, or
(b) a legal entity representing an aboriginal community.
(2.2) Prior approval is not required under subsection (2.1) if the information-sharing agreementis for the purpose of the administration or enforcement of this Act, the Employment and Assistance for Persons with Disabilities Act or another enactment.
(2.3) An information-sharing agreement under this section is not required for the purpose of sharing for research purposes personal information collected under this Act if the personal information is disclosed in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.
(3) An information-sharing agreement may be entered into under subsection (2) or (2.1) only for
(a) the purposes of the administration or enforcement of
(i) this Act,
(ii) the Income Tax Act or the Income Tax Act (Canada),
(iii) the Immigration and Refugee Protection Act (Canada),
(iv) a social benefit program operated by a government, an agency, a public body or a legal entity referred to in subsection (2) or (2.1), or
(b) a purpose for which the minister is authorized under the Freedom of Information and Protection of Privacy Act to disclose personal information in the jurisdiction of the government, agency, public body or entity with which the agreement is made.
(4) In this section, "information-sharing agreement" includes a data-matching
agreement.
(B.C Reg. 193/2006)
Offence of
supplying false or misleading information
31 (1) A person commits an
offence who supplies, in an application under this Act or when directed or required
under section 10 (1), (2) or (3) [information and verification], section
11 [reporting obligations] or the regulations, information that is false
or misleading with respect to a material fact.
(2) A person does not commit an offence
under subsection (1) if, at the time the information was supplied, the person
did not know that it was false or misleading and, with the exercise of reasonable
diligence, could not have known that it was false or misleading.
(3) A person who commits an offence
under this section is liable on conviction to a fine of not more than $2 000
or to imprisonment for not more than 6 months or to both.
(4) If a person is convicted of an
offence under this section, in addition to a penalty that may be imposed under
subsection (3), the court may order the person to repay the government all or
part of any amount that person received under this Act as a result of committing
the offence.
(5) If the court makes an order under
subsection (4) and the amount ordered to be paid is not paid immediately, the
government may file the order with a court in British Columbia that has jurisdiction.
(6) An order filed under subsection
(5) may be enforced in the same manner, as applicable, as if it were
(a) a judgment of the Supreme Court,
or
(b) a payment order of the Provincial
Court.
Other provisions
relating to offences
32 (1) Section 5 of the Offence
Act does not apply to this Act or the regulations.
(2) The time limit for laying an information
for an offence under this Act is 12 months after the facts on which the information
is based first came to the minister's attention.
(3) A document purporting to have
been issued by the minister, certifying the date on which the minister became
aware of the facts on which the information is based,
(a) is admissible without proof of
the signature or official character of the person appearing to have signed the
certificate, and
(b) is proof of the certified facts
unless there is evidence to the contrary.
Minister's
powers
33 (1) For the purposes of
this Act, the minister may acquire and dispose of real or personal property.
(2) The minister may conduct surveys
and research activities for the purposes of program evaluation.
(3) The minister may
(a) prescribe forms for use under
this Act, and
(b) specify forms for use under this
Act.
Delegation
of minister's powers and duties
34 (1) Subject to the regulations,
the minister may delegate to any person or category of persons any or all of
the minister's powers, duties or functions under this Act except
(a) the power to prescribe forms,
(b) the power to appoint members to
the tribunal, and
(c) the power to enter into an agreement
under section 30 (2) or (2.1), unless section 30 (2.2) applies in relation to the agreement. (B.C. Reg. 193/2006)
(2) A delegation of the powers, duties
or functions of the minister must be in writing and may include any limits or
conditions the minister considers advisable.
Power to make
regulations
35 (1) The Lieutenant Governor
in Council may make regulations referred to in section 41 of the Interpretation
Act.
(2) Without limiting subsection (1),
the Lieutenant Governor in Council may make regulations as follows:
(a) specifying forms of assistance
for the purpose of the definition of "supplement";
(b) prescribing categories of income
assistance, hardship assistance and supplements which, without limitation, may
relate to the purpose, duration or frequency of the income assistance, hardship
assistance or supplement or the category of person who, or family unit that,
is eligible for it;
(c) establishing conditions that persons
must satisfy to be eligible to apply for income assistance or hardship assistance
and the information, authorizations and verifications that must be provided
in order to demonstrate that those conditions are satisfied;
(d) respecting applications for income
assistance, hardship assistance and supplements and the information, authorizations
and verifications that must be provided in support of those applications;
(e) defining persons or categories
of persons who, or family units or categories of family units that, qualify
for categories of income assistance, hardship assistance and supplements;
(f) governing eligibility for income
assistance, hardship assistance or a supplement;
(g) prescribing rules for determining
the income and assets of a family unit;
(h) prescribing rules for determining
the rate or amount of income assistance, hardship assistance or a supplement;
(i) regulating the time and manner
of providing income assistance, hardship assistance and supplements;
(j) specifying conditions on which
income assistance, hardship assistance or a supplement may be provided, including
a condition that the income assistance, hardship assistance or supplement be
provided on a repayable basis, and the consequences of failing to comply with
those conditions;
(k) respecting the duties of persons
who administer income assistance, hardship assistance or a supplement received
by them for others;
(l) respecting the information, authorizations
and verifications that must be provided for the purposes of entering into, amending,
suspending, cancelling or auditing compliance with an employment plan;
(m) and (n) [Not in force.]
(o) prescribing the periods for which
a family unit may be declared ineligible under section 10 (4) [information
and verification], section 14 (3) (b) [consequences of not accepting
or disposing of property] or the regulations;
(p) prescribing periods of ineligibility
for the purposes of sections 13 (2) (b) [consequences of not meeting employment-related
obligations] and 14 (2) [consequences of not accepting or disposing of
property];
(q) prescribing the amount of a reduction
under section 15 (5) (b) [consequences for conviction or
judgment in relation to Act].
(3) Without limiting subsection (1),
the Lieutenant Governor in Council may make regulations as follows:
(a) specifying the amounts and duration
of a reduction under section 9 (5) [employment plan], section 10 (5)
[information and verification], section 13 (2) (a) [consequences of
not meeting employment-related obligations], section 14 (3) (a) [consequences
of not accepting or disposing of property] or the regulations;
(b) prescribing periods for the purpose
of section 15 (3) [consequences for conviction or judgment
in relation to Act];
(b.1) prescribing amounts and periods for the purpose of section 15.1 (2); (B.C. Reg. 193/2006)
(c) prescribing additional circumstances
in which the minister may declare a family unit ineligible for, or may reduce,
income assistance, hardship assistance and supplements;
(d) governing investigations and audits
to determine eligibility for income assistance, hardship assistance and supplements
and to ensure compliance with this Act and the regulations;
(e) prescribing, for the purpose of
section 28 (2) [liability for and recovery of debts under Act], the circumstances
in which repayment agreements may be entered into or assignments accepted, and
the terms to be included in those agreements or assignments;
(f) prescribing enactments for the
purpose of sections 28 (1) (b) [liability for and recovery of debts under
Act] and 29 (2) [no garnishment, attachment, execution or seizure];
(g) specifying time limits and other
rules for the purpose of a reconsideration under section 17 [reconsideration
and appeal rights];
(h) governing qualifications and criteria
for appointment to the tribunal of
(i) the chair,
(ii) a vice chair, and
(iii) other members;
(i) specifying time limits and other
requirements for the purposes commencing or conducting an appeal under Part
3 [appeals];
(j) respecting the functions of the
chair or vice chairs;
(k) respecting reinstatement of income
assistance and supplements pending a reconsideration or an appeal;
(l) prescribing the period within
which a hearing must be conducted for the purpose of section 22 (3) [panels
of the tribunal to conduct appeals];
(m) respecting the consolidation of
2 or more appeals to be heard at a single appeal hearing;
(n) prescribing the practices and
procedures of a panel;
(o) respecting functions of a panel
chair;
(p) respecting consequences of non
compliance with rules governing appeals;
(q) defining a quorum of a panel;
(r) respecting the confidentiality
of documents submitted to, and decisions made by, a panel;
(s) respecting the withdrawal or replacement
of panel members in the course of a hearing under section 22 [panels of the
tribunal to conduct appeals];
(t) respecting service and delivery
of documents or the giving of notice under this Act or the regulations;
(u) respecting terms or conditions
that are to be included in information-sharing agreements under section 30 (2) or (2.1) [agreements];
(v) respecting the delegation of the
powers, duties and functions of the minister;
(w) prescribing the manner and minimum
amount of a deduction under section 28 (1) (b) [liability for and recovery
of debts under Act];
(x) respecting any matter that, by
this Act, is to be prescribed, determined or regulated by regulation;
(y) defining any word or expression
used in this Act or the regulations.
(4) In making regulations under this
Act, the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different regulations for
different groups or categories of persons or family units.
Regulations
respecting time-limited income assistance
36 (1) The Lieutenant Governor
in Council may make regulations for the purpose of providing income assistance
on a time-limited basis only and, for that purpose, may make the following regulations:
(a) providing that income assistance
is to be provided on a time-limited basis in accordance with the regulations
under this section unless the family unit is exempted by a regulation under
paragraph (f);
(b) establishing a time-limited income
assistance cycle and prescribing the maximum proportion of that cycle for which
a family unit is eligible, as applicable, for
(i) income assistance, if regulations
under paragraph (c) apply, or
(ii) income assistance unreduced by
regulations under this section, if regulations under paragraph (d) apply;
(c) prescribing categories of persons
whose family units are not eligible for income assistance for the remainder
of the cycle when the maximum under paragraph (b) has been reached;
(d) prescribing categories of persons
whose family units' income assistance must be reduced for the remainder of the
cycle when the maximum under paragraph (b) has been reached;
(e) prescribing the amount of a reduction
under paragraph (d);
(f) exempting the family units of
specified categories of recipients from a regulation under paragraph (a);
(g) prescribing periods of time that
must not be included for the purpose of calculating whether the maximum under
paragraph (b) has been reached.
(2) In making regulations under this
section, the Lieutenant Governor in Council may provide that, for the greater
portion of an income assistance cycle established under subsection (1) (b),
income assistance
(a) must not be provided, or
(b) must be reduced.
(3) Regulations under this section
may be made retroactive to April 1, 2002 and, if so, are retroactive to the
extent necessary to give them effect on and after that date.
Regulations
respecting eligibility and assignment of maintenance rights
37 (1) The Lieutenant Governor
in Council may make regulations governing the assignment of maintenance rights
and the recovery of the amount of income assistance and hardship assistance
provided in place of maintenance, including the following regulations:
(a) prescribing categories of persons
whose family units are not eligible for income assistance or hardship assistance
unless they and their dependants assign to the minister any maintenance rights
that
(i) they have respecting maintenance
for themselves or a dependent child, and
(ii) are specified under paragraph
(b);
(b) specifying maintenance rights
that are to be assigned to the minister, including, but not limited to, any
of the following rights:
(i) to make an application under an
enactment of British Columbia for a maintenance order;
(ii) to enter into a maintenance agreement;
(iii) to make or defend an application
for variation of a maintenance order or maintenance agreement;
(iv) to receive payment under
(A) a maintenance order made under
the Divorce Act (Canada) or otherwise, or
(B) a maintenance agreement;
(v) to enforce a maintenance order
or maintenance agreement;
(vi) to file a maintenance order or
maintenance agreement under the Family Maintenance Enforcement Act;
(c) governing how and to whom notice
of an assignment of maintenance rights must be given;
(d) governing how long an assignment
of maintenance rights remains in effect for different categories of maintenance
rights;
(e) prescribing terms that are to
be included in an assignment of maintenance rights and the consequences of failure
to comply with those terms;
(f) determining the amounts that may
(i) be deducted from maintenance payments
received under an assignment of maintenance rights, and
(ii) be retained by the government
to recover the amount of income assistance
or hardship assistance provided in place of maintenance while the assignment
is in effect;
(g) respecting the method of accounting
to a recipient for payments received under an assignment of maintenance rights
and for deductions made from those payments.
(2) A regulation under subsection
(1) (b) (iv) may specify that the minister be assigned the right to receive
arrears of maintenance that are paid while the assignment is in effect, even
though the arrears accrued before
(a) the regulation came into force,
or
(b) income assistance or hardship
assistance was provided to or for the family unit that becomes eligible as a
result of the assignment.
(3) A regulation under subsection
(1) (d) may provide that an assignment of maintenance rights remains in effect
for a specified period after the family unit that became eligible for income
assistance or hardship assistance as a result of the assignment ceases to receive
either income assistance or hardship assistance.
(4) While an assignment of maintenance
rights is in effect, the minister
(a) may make an application or bring
a proceeding relating to the assigned rights in the name of the government or
in the name of the person who made the assignment, and
(b) has the same right to be notified
and to participate in any proceedings relating to the assigned rights that,
but for that assignment, the person who made the assignment would have had.
(5) While an assignment of maintenance
rights is in effect, the person who made the assignment is not entitled to exercise
any of the assigned rights
(a) except to the extent authorized
in writing by the minister, and
(b) subject to any terms or conditions
specified in the authorization.
Regulations
prescribing ineligibility in relation to former or other Act
38 The Lieutenant Governor
in Council may make regulations prescribing consequences for a family unit,
including periods of ineligibility for income assistance or hardship assistance
under this Act, for any of the following:
(a) a conviction of a person in the
family unit under the Criminal Code in relation to obtaining money by
fraud or false or misleading representation under a former Act or the Disability
Benefits Program Act;
(b) a conviction of a person in the
family unit for an offence under a former Act or the Disability Benefits
Program Act;
(c) a written acknowledgment by a
person in the family unit of receiving income assistance, a youth allowance,
hardship assistance or a benefit under a former Act, or a disability allowance
or benefit under the Disability Benefits Program Act, to which the person
was not eligible and that was not paid or provided in error;
(d) a judgment obtained by the government
in an action for debt against a person in the family unit for obtaining income
assistance, a youth allowance, hardship assistance or a benefit under a former
Act, or a disability allowance or benefit under the Disability Benefits Program
Act, to which the person was not eligible and that was not paid or provided
in error.
Part 5 -- Transitional and Consequential Provisions
Application
of sections 35 and 36 of the Interpretation Act
39 Subject to sections 41,
42, 43, 44 and 45 and to regulations made under section 40 of this Act, sections
35 and 36 (1) of the Interpretation Act apply to all matters affected
by the repeal of a former Act and its replacement by this Act.
Transitional
regulations
40 The Lieutenant Governor
in Council may make regulations considered necessary or advisable to more effectively
bring this Act into operation and to facilitate the transition from the operation
of any of the following Acts to the operation of this Act:
(a) BC Benefits (Appeals) Act;
(b) BC Benefits (Income Assistance)
Act;
(c) BC Benefits (Youth Works) Act;
(d) Disability Benefits Program
Act.
Recipients
under former Act deemed recipients under this Act
41 (1) On the date this section
comes into force, a recipient of income assistance, a youth allowance or benefits
under a former Act
(a) is deemed to have applied for
and be in receipt of income assistance or supplements under this Act, and
(b) in order to continue receiving
income assistance or the supplement, must satisfy the initial and continuing
conditions of eligibility established under this Act that apply in respect of
the income assistance or supplement.
(2) On the date this section comes
into force, a recipient of hardship assistance under the BC Benefits (Income
Assistance) Act, other than a person with disabilities,
(a) is deemed to have applied for
and received hardship assistance under this Act, and
(b) in order to receive further hardship
assistance, must satisfy the conditions of eligibility established under this
Act for hardship assistance.
(3) Despite a final decision of a
tribunal, or the BC Benefits Appeal Board, under the BC Benefits (Appeals)
Act, the minister may
(a) adjust an amount of income assistance,
youth allowance, hardship assistance or a benefit,
(b) alter a category of income assistance,
youth allowance, hardship assistance or a benefit provided to or for a recipient
referred to in subsections (1) and (2) and his or her dependants, and
(c) alter the category of person of
the recipient or his or her dependants
to equal the amounts or categories
of income assistance, hardship assistance or supplements the recipient and his
or her dependants are eligible for under this Act.
(4) An adjustment or alteration referred
to in subsection (3) (a) or (b) may be, as applicable,
(a) an increase, a decrease or a discontinuance
of an amount, or
(b) a change in, or a discontinuance
or an addition of, a category of income assistance, hardship assistance or supplements.
Indebtedness
under former Act
42 On the date this section
comes into force, a person
(a) whose family unit does not include
a person with disabilities, and
(b) who is indebted to the government
under a former Act or the Guaranteed Available Income for Need Act, R.S.B.C.
1979, c. 158,
continues to be liable on the same
terms to the government for the amount of indebtedness outstanding on that date
and the debt is deemed to have been incurred and to be owing under this Act.
Assignment
of maintenance rights deemed made under this Act
43 An assignment of maintenance
rights that
(a) was made or continued under the
regulations to a former Act, and
(b) is in effect on the date this
section comes into force,
for a person to whom this Act applies,
is deemed to have been made, and continues in force, under and subject to the
regulations to this Act.
Transitional
-- disqualification under former Act
44 The family unit of a person
who, on the date this Act comes into force, is not eligible for income assistance,
a youth allowance or hardship assistance under a former Act or a disability
allowance under the Disability Benefits Program Act because of a period
of disqualification imposed under the former Act or the Disability Benefits
Program Act is not eligible for income assistance or hardship assistance
under this Act, as applicable, until the imposed period of disqualification
expires, and that period is deemed to have been imposed under this Act.
Transitional
-- appeals
45 (1) If, on the date this
section comes into force, a person has requested a reconsideration of a decision
under a former Act,
(a) the reconsideration must be conducted
in accordance with the procedures under this Act and this Act applies to the
decision being reconsidered,
(b) if the decision that is reconsidered
is a decision that is appealable under this Act, an appeal to the tribunal appointed
under section 19 [employment and assistance appeal tribunal] of this
Act may be commenced in accordance with this Act and this Act applies to the
decision being appealed, and
(c) if the decision that is reconsidered
is a decision that is not appealable under this Act, the decision of the minister
on the reconsideration is final and conclusive and is not open to review in
a court on any ground or to appeal to any tribunal.
(2) If, on the date this section comes
into force, an appeal to a tribunal has been commenced under the BC Benefits
(Appeals) Act,
(a) if a tribunal has been appointed
under that Act
(i) the appeal must be to that tribunal
and this Act applies to the decision being appealed,
(ii) for the purposes of the appeal,
that tribunal has the same jurisdiction as, and is deemed to be a panel of,
the tribunal under this Act, and
(iii) the decision of that tribunal
is final and conclusive and is not open to review in a court except on a question
of law or excess of jurisdiction or to appeal to any body, and
(b) if a tribunal has not been appointed
under the BC Benefits (Appeals) Act,
(i) the appeal must be to the tribunal
under, and conducted in accordance with, this Act, and
(ii) this Act applies to the decision
being appealed.
(3) If, on the date this section comes
into force, an appeal to the BC Benefits Appeal Board has been commenced under
the BC Benefits (Appeals) Act, despite the repeal of that Act,
(a) subject to section 46 [transitional
appeal board], the appeal must be conducted in accordance with the procedures
under the BC Benefits (Appeals) Act,
(b) this Act applies to the decision
being appealed, and
(c) the decision of the appeal board
is final and conclusive and is not open to review in a court except on a question
of law or excess of jurisdiction.
(4) Subsections (1), (2) and (3),
as applicable, apply with respect to a decision under the Child Care Subsidy
Act in respect of which, on the date this section comes into force, a request
for a reconsideration under that Act has been made or an appeal to the tribunal
or to the BC Benefits Appeal Board has been commenced under the BC Benefits
(Appeals) Act, except that the Child Care Subsidy Act applies to
the decision being appealed.
Transitional
appeal board
46 (1) The Lieutenant Governor
in Council may appoint a transitional BC Benefits Appeal Board consisting of
up to 3 members who must decide appeals referred to in section 45 (3) [transitional
-- appeals] of this Act and section 36 (3) of the Employment and Assistance
for Persons with Disabilities Act [transitional -- appeals] in panels
consisting of one member.
(2) Despite the repeal of the BC
Benefits (Appeals) Act, the procedures of the BC Benefits Appeal Board under
that Act apply to an appeal referred to in section 45 (3) [transitional --
appeals].
(3) A panel under subsection (1) has
the same jurisdiction as the tribunal under this Act and may make any decision
that a panel under this Act may make.
Transitional
-- retroactive regulations under section 36
47 For the purpose of applying
regulations under section 36 [regulations respecting time-limited income
assistance], for the period between April 1, 2002 and the date that sections
51 and 53 come into force, receipt of income assistance under the BC Benefits
(Income Assistance) Act or a youth allowance under the BC Benefits (Youth
Works) Act is deemed to be receipt of income assistance under this Act.
Consequential Amendments and Repeals
BC Benefits (Appeals) Act
48 The BC Benefits (Appeals) Act, R.S.B.C. 1996,
c. 25, is repealed.
BC Benefits (Child Care Subsidy) Act
49 The title of the BC Benefits (Child Care Subsidy)
Act, R.S.B.C. 1996, c. 26, is repealed and the following substituted:
CHILD CARE SUBSIDY ACT
50 Section 6 is repealed and the following sections
are substituted:
Reconsideration and appeal rights
6 (1) Subject to section 6.1,
a person may request the minister to reconsider a decision made under this Act
or the regulations about any of the following:
(a) a decision that results in a refusal
to pay a child care subsidy to or for the person;
(b) a decision that results in a discontinuance
or reduction of the person's child care subsidy.
(2) A request under subsection (1)
must be made, and the decision reconsidered, within the time limits and in accordance
with any rules specified in the regulations.
(3) Subject to section 6.1, a person
who is dissatisfied with the outcome of a request for a reconsideration under
subsection (1) may appeal the decision that is the outcome of the request to
the Employment and Assistance Appeal Tribunal appointed under section 19 of
the Employment and Assistance Act.
(4) A right of appeal given under
subsection (3) is subject to the time limits and other requirements set out
in the Employment and Assistance Act and the regulations under that Act.
No appeal from decision based on
same circumstances
6.1 If a person reapplies for
a child care subsidy after
(a) the person's eligibility for the
child care subsidy has been determined under this Act,
(b) a right of appeal under section
6 (3) has been exercised in respect of the determination referred to in paragraph
(a), and
(c) the decision of the tribunal in
respect of the appeal referred to in paragraph (b) has been implemented,
no right of reconsideration or appeal
exists in respect of the second or a subsequent application unless there has
been a change in circumstances relevant to the determination referred to in
paragraph (a).
BC Benefits (Income Assistance) Act
51 The BC Benefits (Income Assistance) Act, R.S.B.C.
1996, c. 27, is repealed.
BC Benefits Statutes Amendment Act, 1997
52 The BC Benefits Statutes Amendment Act, 1997,
S.B.C. 1997, c. 15, is amended by striking out "under the BC Benefits
(Income Assistance) Act, the BC Benefits (Youth Works) Act"
and substituting "under the Employment and Assistance Act"
in each of the following sections:
(a) section 10 (a), as it amends section 10 (1)
(a) of the Family Maintenance Enforcement Act;
(b) section 10 (b), as it amends section 10 (1)
(b) of the Family Maintenance Enforcement Act;
(c) section 11 (b), as it amends section 18 (6.1)
(c) of the Family Maintenance Enforcement Act;
(d) section 12, as it amends section 21 (10) (e)
of the Family Maintenance Enforcement Act;
(e) section 14, as it amends section 32 (1) (e)
of the Family Maintenance Enforcement Act.
BC Benefits (Youth Works) Act
53 The BC Benefits (Youth Works) Act, R.S.B.C.
1996, c. 28, is repealed.
Cemetery and Funeral Services Act
54 Section 51 (1) (h) of the Cemetery and Funeral
Services Act, R.S.B.C. 1996, c. 45, is amended by striking out "the BC Benefits (Income Assistance) Act" and substituting "the Employment and Assistance Act".
Child Care BC Act
55 Section 2 (2) (b) of the Child Care BC Act,
S.B.C. 2001, c. 4, is amended by striking out "BC Benefits (Child Care
Subsidy) Act" and substituting "Child Care Subsidy Act".
Community Care Facility Act
56 The Community Care Facility Act, R.S.B.C. 1996,
c. 60, is amended
(a) in paragraph (b) (ii) of the definition of
"community care facility" in section 1 by striking out "under
the BC Benefits (Income Assistance) Act, a youth allowance is provided
under the BC Benefits (Youth Works) Act" and substituting "under
the Employment and Assistance Act", and
(b) in section 20 (2) (g) (i) by striking out "under
the BC Benefits (Income Assistance) Act, a youth allowance is provided
under the BC Benefits (Youth Works) Act" and substituting "under
the Employment and Assistance Act".
Criminal Injury Compensation Act
57 Section 15 (3) of the Criminal Injury Compensation
Act, R.S.B.C. 1996, c. 85, is amended by striking out "under the BC
Benefits (Income Assistance) Act, a youth allowance under the BC Benefits
(Youth Works) Act" and substituting "under the Employment
and Assistance Act".
Debtor Assistance Act
58 Section 2 (2) (c) of the Debtor Assistance Act,
R.S.B.C. 1996, c. 93, is amended by striking out "under the BC Benefits
(Income Assistance) Act, a youth allowance is provided under the BC Benefits
(Youth Works) Act" and substituting "under the Employment
and Assistance Act".
Evidence Act
59 Section 61 (1) (c) to (e) of the Evidence Act,
R.S.B.C. 1996, c. 124, is repealed and the following substituted:
(c) for the Employment and Assistance
Act, each person to whom the minister has delegated powers or duties under
that Act;
(e) for the Child Care Subsidy
Act, each person to whom the minister has delegated powers or duties under
that Act; .
Family Maintenance Enforcement Act
60 The Family Maintenance Enforcement Act, R.S.B.C.
1996, c. 127, is amended
(a) in paragraph (a) of the definition of "creditor"
in section 1 (1) by striking out "assigned under the BC Benefits
(Income Assistance) Act, the BC Benefits (Youth Works) Act" and
substituting "assigned, or deemed to have been assigned, under the Employment
and Assistance Act",
(b) in sections 1 (1.1) and 5 (2) by striking out
"a minister under the BC Benefits (Income Assistance) Act, the
BC Benefits (Youth Works) Act" and substituting "the minister
under the Employment and Assistance Act",
(c) in section 6 (5) by striking out "under
the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works)
Act" and substituting "under the Employment and Assistance
Act",
(d) in section 14.4 (4) (b) by striking out "under
the BC Benefits (Income Assistance) Act, a youth allowance under the
BC Benefits (Youth Works) Act" and substituting "under
the Employment and Assistance Act",
(e) in section 43 (1) (c) (i) by striking out "of
the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works)
Act" and substituting "of the Employment and Assistance
Act", and
(f) in section 44 (a) by striking out "the BC Benefits (Income Assistance) Act," and substituting "the Employment and Assistance Act or the BC Benefits (Income Assistance)
Act,".
Family Relations Act
61 Section 91 (5) of the Family Relations Act,
R.S.B.C. 1996, c. 128, is amended by striking out "under section 24.1
of the BC Benefits (Income Assistance) Act, section 15.1 of the BC
Benefits (Youth Works) Act" and substituting "under the Employment
and Assistance Act".
Freedom of Information and Protection of Privacy Act
62 Schedule 2 of the Freedom of Information and
Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by striking out
the following:
|
Public Body: |
BC Benefits Appeal Board |
|
Head: |
Chair . |
Hospital Act
63 Section 56 (3) (b) (i) of the Hospital Act,
R.S.B.C. 1996, c. 200, is amended by striking out "under the BC Benefits
(Income Assistance) Act, a youth allowance is provided under the BC Benefits
(Youth Works) Act" and substituting "under the Employment
and Assistance Act".
Vancouver Charter
64 Section 484 (b) of the Vancouver Charter, S.B.C.
1953, c. 55, is amended by striking out "BC Benefits (Income Assistance)
Act" and substituting "Employment and Assistance Act".
Commencement
65 This Act comes into force
by regulation of the Lieutenant Governor in Council.
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June 1, 2010
