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"Point in Time" Regulation Content

Emergency Program Act

Compensation and Disaster Financial Assistance Regulation

B.C. Reg. 124/95

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 8 November 28, 2016
April 28, 2022
Section 8.1 April 28, 2022
Section 9 April 28, 2022
Section 10 April 28, 2022
Section 13 September 20, 2022
Section 19 April 28, 2022
Section 28 April 28, 2022
Section 28.1 April 28, 2022
Section 33 April 28, 2022
Section 34 April 28, 2022
Part 4 Section 35 to 38 April 28, 2022
Section 35 September 20, 2022
Section 36 September 20, 2022
Section 37 September 20, 2022
Section 37.1 September 20, 2022
Section 38 September 20, 2022

 Section 8 (1) (c) BEFORE amended by BC Reg 211/2015, effective November 28, 2016.

(c) is registered under the Society Act;

 Section 8 (1) definition of "corporate interest holder" was added by BC Reg 110/2022, effective April 28, 2022.

 Section 8 (1) definition of "eligible personal effects", paragraph (a) BEFORE amended by BC Reg 110/2022, effective April 28, 2022.

(a) for an owner of a structure referred to in section 9 (a), the necessities of life owned by and required for the owner or any of the other permanent residents of the structure, and

 Section 8 (1) (a.1) definition of "eligible personal effects" was added by BC Reg 110/2022, effective April 28, 2022.

 Section 8 (1) definition of "eligible residence" BEFORE amended by BC Reg 110/2022, effective April 28, 2022.

"eligible residence" means a structure owned by a claimant and occupied by the claimant as the claimant's principal residence;

 Section 8 (1) definition of "small business", paragraph (b) BEFORE repealed by BC Reg 110/2022, effective April 28, 2022.

(b) the income from which is the owner's major source of income,

 Section 8 (1) definition of "small business", paragraph (c) BEFORE amended by BC Reg 110/2022, effective April 28, 2022.

(c) the gross sales of which are less than $1 million per year, and

 Section 8.1 was enacted by BC Reg 110/2022, effective April 28, 2022.

 Section 9 (a.1) was added by BC Reg 110/2022, effective April 28, 2022.

 Section 10 (2) BEFORE amended by BC Reg 110/2022, effective April 28, 2022.

(2) No claim under section 1 (a) of any of Schedules 1 to 4 may be accepted for structural repair to or for the rebuilding, replacement or relocation of a structure unless the claimant is the owner of the structure in respect of which the claim is made.

 Section 13 BEFORE amended by BC Reg 188/2022, effective September 20, 2022.

Limit to assistance

13   Subject to this Division, the amount of assistance payable under this Part in respect of any claim accepted under Division 2 is 80% of the amount by which the amount of the accepted claim exceeds $1 000, to a maximum payable under this Part for an accepted claim of $300 000.

 Section 19 (3) BEFORE amended by BC Reg 110/2022, effective April 28, 2022.

 Section 28 (c) BEFORE amended by BC Reg 110/2022, effective April 28, 2022.

(c) for any other claim, 80% of the amount by which the amount of the accepted claim exceeds $1 000.

 Section 28.1 was enacted by BC Reg 110/2022, effective April 28, 2022.

 Section 33 (0.1), (8.1), (8.2), (8.3) and (14) were added by BC Reg 110/2022, effective April 28, 2022.

 Section 33 (13) BEFORE amended by BC Reg 110/2022, effective April 28, 2022.

(13) After determining the amount of assistance that is to be provided to a local government body under this section, the Provincial Emergency Program must promptly provide payment of that amount to the local government body along with an explanation as to how the final amount was determined and the reasons for the deletion of any claimed items.

 Section 34 was enacted by BC Reg 110/2022, effective April 28, 2022.

 Part 4, sections 35 to 38 was enacted by BC Reg 110/2022, effective April 28, 2022.

 Section 35 definition of "2021 atmospheric river disaster" was added by BC Reg 188/2022, effective September 20, 2022.

 Section 35 definition of "effective date" BEFORE amended by BC Reg 188/2022, effective September 20, 2022.

"effective date" means the date on which this Part comes into force;

 Section 36 (1) BEFORE amended by BC Reg 188/2022, effective September 20, 2022.

(1) If the Lieutenant Governor in Council or the minister, before November 17, 2021, determined under section 8 (2) or 20 (2) that disaster financial assistance may be provided in respect of a disaster, this regulation as it read immediately before the effective date applies in respect of any disaster financial assistance that may be provided under Part 2 or 3, as the case may be, in relation to that disaster.

 Section 37 (1) definition of "specified claim" and "specified criteria" BEFORE amended by BC Reg 188/2022, effective September 20, 2022.

"specified claim" means an application provided under section 19 (5) before the effective date by a person seeking assistance under Part 2 as a claimant described in section 9 (a) or (c) in respect of a specified disaster;

"specified criteria" means the criteria applicable to a claimant described in section 9 (a) or (c), and, for certainty, includes the criteria described in paragraph (b) or (c) of the definition of "small business" in section 8 (1) as it read immediately before the effective date.

 Section 37 (2), (3) and (4) BEFORE amended by BC Reg 188/2022, effective September 20, 2022.

(2) If, before the effective date, a person who made a specified claim withdrew the specified claim after being informed by the Provincial Emergency Program that the person did not meet the specified criteria, the specified claim is deemed to have not been withdrawn and the Provincial Emergency Program must process the specified claim in accordance with this regulation as it reads on the effective date.

(3) If the Provincial Emergency Program, before the effective date, made a determination under section 19 (8) rejecting a specified claim on the basis that the claimant did not meet the specified criteria, the determination is set aside and the Provincial Emergency Program must reconsider the specified claim in accordance with this regulation as it reads on the effective date.

(4) Despite section 19 (3), a person seeking assistance under Part 2 as a claimant described in section 9 (a.1) or (c) in respect of a specified disaster, other than a person who made a specified claim, may, within 90 days of the effective date, notify the Provincial Emergency Program that assistance will be sought.

 Section 37.1 was enacted by BC Reg 188/2022, effective September 20, 2022.

 Section 38 BEFORE repealed by BC Reg 188/2022, effective September 20, 2022.

Transition — limit to assistance under Part 3

38   (1) In this section, "specified claim" means a claim, other than a claim described in section 28 (a) or (b), that is submitted under section 33 before the effective date in respect of a specified disaster.

(2) If the Provincial Emergency Program, before the effective date, made a determination under section 33 (12) in respect of a specified claim, the determination is set aside and the Provincial Emergency Program must reconsider the specified claim in accordance with this regulation as it reads on the effective date.

[en. B.C. Reg. 110/2022, s. 9.]