Section 1 (1) definitions of "dependant" and "spouse" BEFORE amended by 2006-22-1(a), effective July 1, 2006 (BC Reg 193/2006).
"dependant", in relation to another person, means anyone who resides with the other person and who
(a) is the spouse of the other person,
(b) is a dependent child of the other person,
(c) shares with the other person income or assets or any necessities of life obtained with the shared income or assets, or
(d) indicates a parental responsibility for the other person's dependent child;
"spouse", in relation to another person, means
(a) is married to the other person, or
(b) is living and cohabiting with the other person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
Section 1 (1) definition of "dependant", paragraph (c) BEFORE amended by 2011-25-325, effective March 18, 2013 (BC Reg 131/2012).
(c) indicates a parental responsibility for the person's dependent child;
Section 1 (1) definition of "dependant" BEFORE amended by 2019-36-87, effective January 1, 2020.
"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 role for the person's dependent child;
Section 1 definition of "dependent child" BEFORE amended by 2019-36-88(a), effective January 1, 2020 (BC Reg 270/2019).
"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);
Section 1 (1) definition of "family unit" BEFORE amended by 2023-10-189, effective March 30, 2023 (Royal Assent).
"family unit" means an applicant or a recipient and his or her dependants;
Section 1 (1) definitions of "client needs assessment" and "employability plan" were added by 2024-4-1(a), effective September 1, 2024 (BC Reg 199/2024).
Section 1 (1) definition of "employment plan" BEFORE repealed by 2024-4-1(b), effective September 1, 2024 (BC Reg 199/2024).
"employment plan" means a plan required under section 9 [employment plan] and includes an amended employment plan;
Section 1.1 BEFORE re-enacted by 2019-36-89, effective January 1, 2020.
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.
Section 2 (a) and (b) BEFORE amended by 2007-14-212,Sch and 215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(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.
Section 8 BEFORE repealed by 2019-36-90, effective January 1, 2020 (BC Reg 270/2019).
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.
Section 9 BEFORE re-enacted by 2024-4-2, effective September 1, 2024 (BC Reg 199/2024).
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
(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].
Section 10 (4) BEFORE amended by 2019-36-91(a), effective January 1, 2020 (BC Reg 270/2019).
(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.
Section 10 (1) (g) BEFORE amended by 2023-10-190, effective March 30, 2023 (Royal Assent).
(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.
Section 10 BEFORE amended by 2024-4-3, effective September 1, 2024 (BC Reg 199/2024).
Information and verification
(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 the person, the applicant or the recipient 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
(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 ineligible for income assistance, hardship assistance or a supplement for the prescribed period.
(4.1) The Lieutenant Governor in Council may prescribe circumstances in which subsection (4) (a) or (b) does not apply.
(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.
Section 11 (1) (a) (i) BEFORE amended by 2002-63-2, effective January 1, 2003 (BC Reg 367/2002).
(i) is in the prescribed form, and
Section 11 (2) BEFORE amended by 2016-4-37, effective September 1, 2016 (BC Reg 191/2016).
(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.
Section 11 BEFORE re-enacted by 2024-4-4, effective May 13, 2024 (BC Reg 98/2024).
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 specified by the minister, and
(ii) contains the prescribed information, and
(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 confirmed by a signed statement of each recipient.
Section 13 (1) BEFORE amended by 2002-63-3, effective January 1, 2003 (BC Reg 367/2002).
(1) Subject to the conditions of an employment plan, the family unit of an applicant or a recipient who does any of the following is subject to the consequence described in subsection (2) for a family unit that matches the person's family unit:
(a) fails to accept suitable employment;
(b) voluntarily leaves employment without just cause;
(c) is dismissed from employment for just cause;
(d) fails to demonstrate reasonable efforts to search for employment.
Section 13 BEFORE re-enacted by 2024-4-5, effective September 1, 2024 (BC Reg 199/2024).
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.
(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.
Section 15 (3) and (4) BEFORE amended by 2006-22-3, effective September 30, 2006 (BC Reg 193/2006).
(3) If
(a) a person acknowledges in writing that he or she obtained 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, or
(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 acknowledgment or judgment.
(4) The periods prescribed for the purpose of subsection (3) may vary with the number of applicable acknowledgments or judgments.
Section 15 BEFORE repealed by 2015-23-54, effective August 1, 2015 (BC Reg 149/2015).
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.
(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.
(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.
Section 15.1 BEFORE repealed by 2024-4-6, effective September 1, 2024 (BC Reg 199/2024).
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.
Section 17 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(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:
Section 17 (1) (e) BEFORE amended by 2024-4-7(a), effective September 1, 2024 (BC Reg 199/2024).
(e) a decision respecting the conditions of an employment plan under section 9 [employment plan].
Section 17 (3) BEFORE amended by 2024-4-7(b), effective September 1, 2024 (BC Reg 199/2024).
(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.
Section 19 (2) to (4) BEFORE amended by 2003-47-18, effective February 13, 2004 (BC Reg 45/2004).
(2) The tribunal consists of
(a) a chair and at least one vice chair, each appointed by the Lieutenant Governor in Council, and
(b) the members appointed by the minister.
(3) To be eligible for an appointment under subsection (2) (a) or (b), a person must have the prescribed qualifications.
(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.
Section 19 (4) BEFORE added by 2004-45-83, effective October 15, 2004 (BC Reg 425/2004).
(4) [Repealed 2003-47-18.]
Section 19 (2) BEFORE amended by 2015-10-54, effective December 18, 2015 (BC Reg 240/2015).
(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.
Section 19 (5) BEFORE amended by 2024-4-8, effective May 13, 2024 (BC Reg 98/2024).
(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.
Section 19 (1) (c) BEFORE amended by 2021-22-28, effective September 1, 2024 (BC Reg 189/2024).
(c) section 6 (3) [reconsideration and appeal rights] of the Child Care Subsidy Act.
Section 19.1 BEFORE amended by 2007-14-10, effective October 18, 2007 (BC Reg 311/2007).
19.1 Sections 1 to 6, 7 (1) and (2), 8, 9, 30, 44, 55, 56, 58 and 61 of the Administrative Tribunals Act apply to the tribunal.
Section 20 (1) BEFORE amended by 2004-45-85(a), effective October 15, 2004 (BC Reg 425/2004).
(1) The chair has responsibility for the general administration and management of the tribunal and must submit to the minister an annual report concerning the tribunal's activities.
Section 20 (2) (b) BEFORE repealed by 2004-45-85(b), effective October 15, 2004 (BC Reg 425/2004).
(b) make recommendations to the minister for appointments to the tribunal.
Section 21 BEFORE amended by 2024-4-9, effective May 13, 2024 (BC Reg 98/2024).
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.
Section 22 (1) and (2) BEFORE amended by 2007-8-15, effective June 1, 2007 (BC Reg 160/2007).
(1) If a person commences an appeal in accordance with section 21 (1), the chair must appoint a panel consisting of 3 members of the tribunal to hear and determine the appeal.
(2) The chair must designate one member of a panel as the panel chair.
Section 22 (4) BEFORE amended by 2019-36-95, effective January 1, 2020.
(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).
Section 22 (5) BEFORE repealed by 2019-36-95, effective January 1, 2020.
(5) Evidence referred to in subsection (4) may be admitted whether or not it would be admissible as evidence in a court of law.
Section 23 (1) BEFORE amended by 2024-4-10(a), effective May 13, 2024 (BC Reg 98/2024).
(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,
Section 24 (5) BEFORE amended by 2004-45-86, effective October 15, 2004 (BC Reg 425/2004).
(5) A decision of a majority of a panel is deemed to be the decision of the tribunal, and is final and conclusive and not open to
(a) appeal to any body, or
(b) review in a court except on a question of law or excess of jurisdiction.
Section 24 (5) BEFORE amended by 2007-8-16, effective June 1, 2007 (BC Reg 160/2007).
(5) A decision of a majority of a panel is the decision of the tribunal.
Section 25 BEFORE amended by 2023-10-191, effective March 30, 2023 (Royal Assent).
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.
Section 26 BEFORE repealed by 2004-45-87, effective October 15, 2004 (BC Reg 425/2004).
Immunity from action
26 No action for damages lies or may be brought against the tribunal, the chair, vice chair or a member of the tribunal because of anything done or omitted
(a) in the performance or intended performance of a duty under this Act or the regulations, or
(b) in the exercise or intended exercise of a power under this Act or the regulations
unless the tribunal, chair, vice chair or member was acting in bad faith.
Section 28 (1) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(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
Section 28 (1) (b) BEFORE amended by 2015-41-28, effective November 17, 2015 (Royal Assent).
(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.
Section 30 (1) BEFORE amended by 2006-22-5(a), effective July 1, 2006 (BC Reg 193/2006).
(1) Subject to subsection (2), the minister may enter into an agreement with any person or group of persons.
Section 30 (2) to (4) BEFORE amended by 2006-22-5(b), effective July 1, 2006 (BC Reg 193/2006).
(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 that government about financial arrangements or other matters relating to social programs;
(b) a reciprocal agreement with the government of another province of Canada or an agency of that government about income assistance, hardship assistance, supplements or similar programs;
(c) an information-sharing agreement with
(i) the government of Canada or an agency of that government,
(ii) the government of a province or other jurisdiction in Canada or an agency of that government,
(iii) the government of a state of the United States or an agency of that government,
(iv) a public body as defined in the Freedom of Information and Protection of Privacy Act, or
(v) a legal entity representing an aboriginal community.
(3) An information-sharing agreement may be entered into under subsection (2) only for the purposes of the administration or enforcement of
(a) this Act,
(b) the Income Tax Act or the Income Tax Act (Canada),
(c) the Immigration Act (Canada), or
(d) a social benefit program operated by a government, an agency, a public body or a legal entity referred to in subsection (2) (c).
(4) In this section, "information-sharing agreement" includes a data-matching agreement but does not include an agreement to share
(a) information obtained by the minister for the purposes of another Act administered by the minister, or
(b) information obtained by the minister pursuant to an agreement under this section.
Section 30 (3) (a) (iii) BEFORE amended by 2007-8-17, effective March 29, 2007 (Royal Assent).
(iii) the Immigration and Refugee Protection Act (Canada),
Section 30 (2.3) BEFORE amended by 2021-39-60, effective November 25, 2021 (Royal Assent).
(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.
Section 30 (1) BEFORE amended by 2024-4-12(a), effective March 14, 2024 (Royal Assent).
(1) Subject to subsections (2) and (2.1), the minister may enter into an agreement with any person or group of persons.
Section 31 (1) and (2) BEFORE amended by 2024-4-13, effective September 1, 2024 (BC Reg 199/2024).
(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.
Section 34 (1) (c) BEFORE amended by 2006-22-6, effective July 1, 2006 (BC Reg 193/2006).
(c) the power to enter into an agreement under section 30 (2) [agreements].
Section 35 (3) (u) BEFORE amended by 2006-22-7(b), effective July 1, 2006 (BC Reg 193/2006).
(u) respecting terms or conditions that are to be included in information-sharing agreements under section 30 (2) [agreements];
Section 35 (3) (i) BEFORE amended by BC Reg 340/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 340/2006).
(i) specifying time limits and other requirements for the purposes commencing or conducting an appeal under Part 3 [appeals];
Section 35 (3) (t) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(t) respecting service and delivery of documents or the giving of notice under this Act or the regulations;
Section 35 (2) (q) BEFORE repealed by 2015-23-55, effective August 1, 2015 (BC Reg 149/2015)
(q) prescribing the amount of a reduction under section 15 (5) (b) [consequences for conviction or judgment in relation to Act].
Section 35 (3) (b) BEFORE repealed by 2015-23-55, effective August 1, 2015 (BC Reg 149/2015)
(b) prescribing periods for the purpose of section 15 (3) [consequences for conviction or judgment in relation to Act];
Section 35 (3) (w) BEFORE amended by 2015-23-55, effective August 1, 2015 (BC Reg 149/2015).
(w) prescribing the manner and minimum amount of a deduction under section 28 (1) (b) [liability for and recovery of debts under Act];
Section 35 (3) (a) BEFORE amended by 2019-36-96, effective January 1, 2020 (BC Reg 270/2019).
(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;
Section 35 (3) (w) (ii) BEFORE amended by 2019-36-97, effective January 1, 2020.
(ii) prescribing the duration and minimum amount of a deduction,
Section 35 BEFORE amended by 2024-4-14, effective September 1, 2024 (BC Reg 199/2024).
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;
(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].
(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 (4) (a) or (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.1) prescribing amounts and periods for the purpose of section 15.1 (2);
(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) specifying time limits and other requirements for the purposes of 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;
(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) respecting deductions under section 28 (1) (b) [liability for and recovery of debts under Act], including, without limitation,
(i) prescribing the manner of deduction,
(ii) prescribing the duration and the minimum and maximum amounts of a deduction,
(iii) exempting a category of family units from the minimum amount of a deduction prescribed under subparagraph (ii) of this paragraph in circumstances or on conditions the Lieutenant Governor in Council prescribes, and
(iv) for certainty, establishing categories under subsection (4) (c) of this section that relate, without limitation, in whole or in part to inclusion in the family unit of a person who is or has been convicted of an offence
(A) under this Act or the Employment and Assistance for Persons with Disabilities Act, or
(B) 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;
(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.
Section 36 BEFORE repealed by 2024-4-15, effective March 14, 2024 (Royal Assent).
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
(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.
Section 37 (1) (part) BEFORE amended by 2024-4-16(a) to (c), effective March 14, 2024 (Royal Assent).
(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:
Section 37 (2) BEFORE repealed by 2024-4-16(d), effective March 14, 2024 (Royal Assent).
(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.
Section 38 BEFORE repealed by 2015-23-56, effective August 1, 2015 (BC Reg 149/2015).
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.
Section 40 BEFORE repealed by 2024-4-19, effective March 14, 2024 (Royal Assent).
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;
Section 41 (3) BEFORE amended by 2023-10-192, effective March 30, 2023 (Royal Assent).
(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.
Section 43 BEFORE repealed by 2024-4-19, effective March 14, 2024 (Royal Assent).
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.
Section 44 BEFORE repealed by 2024-4-19, effective March 14, 2024 (Royal Assent).
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.
Section 45 BEFORE repealed by 2024-4-19, effective March 14, 2024 (Royal Assent).
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.
Section 46 BEFORE repealed by 2024-4-19, effective March 14, 2024 (Royal Assent).
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.
Section 47 BEFORE repealed by 2024-4-19, effective March 14, 2024 (Royal Assent).
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.