Section 1.1 definitions "earned income", "family unit size" and "remaining annual income" BEFORE repealed by BC Reg 282/2009, effective February 1, 2010.
"earned income" means the sum of the following amounts as reported on lines 101, 104, 135, 137, 139, 141 and 143 of the client's or his or her spouse's income tax return for the immediately preceding taxation year;
(a) employment income;
(b) other employment income;
(c) net business income;
(d) net professional income;
(e) net commission income;
(f) net farming income;
(g) net fishing income;
"family unit size" means the beneficiary, the beneficiary's spouse and a child;
"remaining annual income" means, for the previous taxation year,
(a) the net income of the beneficiary as reported on line 236 of the beneficiary's income tax return, and
(b) if applicable, the net income of the beneficiary's spouse as reported on line 236 of the spouse's income tax return,
minus
(c) the total income tax paid by the beneficiary and, if paragraph (b) is applicable, the beneficiary's spouse, as reported on line 435 of their income tax returns,
(c.1) the amount of the annual benefit under section 4 of the Universal Child Care Benefit Act (Canada) that
(i) is paid to the beneficiary, as reported on line 117 of the beneficiary's income tax return for the preceding tax year,
(ii) if paragraph (b) is applicable, is paid to the spouse of the beneficiary, as reported on line 117 of the spouse's income tax return for the preceding tax year, or
(iii) is paid to both the beneficiary and spouse of the beneficiary as reported in the manner referred to subparagraphs (i) and (ii),
(d) the annual earned income for the beneficiary and, if paragraph (b) is applicable, the beneficiary's spouse, up to a maximum of $15 000 per person, and
(e) the amount of income indicated in the following table that corresponds with the beneficiary's family unit size:
| Family Unit Size | Deduction for Calculation of Client's Remaining Annual Income | |
| 1 | $10 284 | |
| 2 | $16 752 | |
| 3 | $19 164 | |
| 4 | $20 880 | |
| 5 | $22 716 | |
| 6 | $24 312 | |
| 7 | $25 908 | |
| 8 | $27 384 | |
| 9 | $28 860 | |
| 10 | $30 336 |
Section 1.1 definition "after tax income" was added by BC Reg 282/2009, effective February 1, 2010.
Section 1.1 definition of "spouse", paragraph (b) BEFORE amended by BC Reg 368/2012, effective March 18, 2013.
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;
Section 1.1 definition of "after tax income" BEFORE amended by BC Reg 177/2020, effective July 13, 2020.
"after tax income" means a monthly amount calculated using the following formula:
| ATI = (C-IT-UCCB-RDSP) ÷ 12 |
where:
"C" means the net income of the beneficiary as reported on line 236 of the beneficiary's income tax return for the immediately preceding taxation year;
"IT" means the total income tax paid by the beneficiary as reported on line 435 of his or her income tax return for the immediately preceding taxation year;
"RDSP" means the amount of income from the Registered Disability Savings Plan that
(a) is paid to the beneficiary, as reported on line 125 of the beneficiary's income tax return for the immediately preceding taxation year,
(b) is paid to the spouse of the beneficiary, as reported on line 125 of the spouse's income tax return for the immediately preceding taxation year, or
(c) is paid to both the beneficiary and the spouse of the beneficiary, as reported in the manner referred to in paragraphs (a) and (b);
"UCCB" means the amount of the annual benefit under section 4 of the Universal Child Care Benefit Act (Canada) that
(a) is paid to the beneficiary, as reported on line 117 of the beneficiary's income tax return for the immediately preceding taxation year,
(b) is paid to the spouse of the beneficiary, as reported on line 117 of the spouse's income tax return for the immediately preceding taxation year, or
(c) is paid to both the beneficiary and the spouse of the beneficiary, as reported in the manner referred to in paragraphs (a) and (b);
Section 1.1 definitions of "notice of assessment", "notice of reassessment", and "relevant notice of assessment or reassessment" were added by BC Reg 177/2020, effective July 13, 2020.
Section 5.1 (part) BEFORE amended by BC Reg 279/2012, effective September 26, 2012.
Hospital services
5.1 The hospital services to be provided to a beneficiary pursuant to the Act in a general hospital shall include such of the following services as are recommended by the attending physician or midwife, as the case may be, and as are available in or through the hospital to which the person is admitted as an in-patient, provided that no beneficiary shall be entitled to receive, as an in-patient benefit, any treatment or diagnostic service not connected with an illness or condition which necessitates the person's being treated as an in-patient and which could normally be rendered to such person as an out-patient:
Section 5.2 (1) (a) BEFORE amended by BC Reg 279/2012, effective September 26, 2012.
(a) the person is admitted to a general hospital on the written certification of a duly qualified
(i) medical practitioner who is a member of the hospital's medical staff, or
(ii) midwife who is a member of the hospital's medical staff, and
Section 5.2 (3) BEFORE amended by BC Reg 279/2012, effective September 26, 2012.
(3) To assist in making the determination referred to in subsection (2), the minister may, at any time, require the hospital to obtain from the patient's attending physician or midwife, as the case may be, a written statement regarding the patient's condition and the necessity for the patient receiving health care for any specified portion of the patient's stay in the hospital.
Section 5.7 (part) BEFORE amended by BC Reg 279/2012, effective September 26, 2012.
Rehabilitative treatment
5.7 The general hospital services to be provided to a beneficiary who primarily requires active rehabilitative treatment in a rehabilitation hospital shall comprise such of the following services as are recommended by the attending physician and as are available in or through the rehabilitation hospital to which the said person has been admitted as a patient:
Section 5.7 (e) BEFORE amended by BC Reg 51/2015, effective October 1, 2015.
(e) laboratory and radiological procedures and the necessary interpretations, together with such other diagnostic procedures as are approved by the minister in a particular hospital with the necessary interpretations, for the purpose of maintaining health, preventing disease and assisting in the diagnosis and treatment of illness, injury or disability;
Section 5.7 (e.1) was added by BC Reg 51/2015, effective October 1, 2015.
Section 5.8 (part) BEFORE amended by BC Reg 279/2012, effective September 26, 2012.
General hospital services in extended care hospitals
5.8 The general hospital services to be provided to a beneficiary who primarily requires skilled nursing care and continuing medical supervision in an extended care hospital shall comprise such of the following services as are recommended by the attending physician and as are available in or through the extended care hospital to which the said person has been admitted as a patient:
Section 5.8 (d) BEFORE amended by BC Reg 51/2015, effective October 1, 2015.
(d) laboratory and radiological procedures and the necessary interpretations, together with such other diagnostic procedures as are approved by the minister in a particular hospital with the necessary interpretations, for the purpose of maintaining health, preventing disease and assisting in the diagnosis and treatment of illness, injury or disability;
Section 5.8 (d.1) was added by BC Reg 51/2015, effective October 1, 2015.
Section 5.9 BEFORE amended by BC Reg 279/2012, effective September 26, 2012.
Services in a rehabilitation hospital or extended care hospital
5.9 (1) No beneficiary shall be entitled to receive services in a rehabilitation hospital or in an extended care hospital unless an application in the form prescribed by the minister, together with a case history and a complete diagnosis made by the person's physician, has been supplied to the minister, and unless a medical panel or screening committee established by the minister recommends that it is necessary for the person to be rendered either
(a) active rehabilitative care in a rehabilitation hospital, or
(b) skilled nursing care under continuing medical supervision in an extended care hospital.
(2) Such a beneficiary shall be entitled to benefits as aforesaid for the number of days thereafter that is determined by the minister to be the period of time during which such a patient requires treatment or services, and to assist in determining the length of time during which a patient shall be entitled to benefits under the Act, the minister may from time to time require the hospital to secure from the patient's attending physician a written statement regarding the patient's condition and the necessity of his receiving services or treatment as aforesaid during all or a portion of his stay in hospital.
[en. B.C. Reg. 219/65, s. 2; am. B.C. Regs. 245/80, s. 6; 361/2003, s. 3.]
Section 5.9 (2) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(2) Such a beneficiary shall be entitled to benefits as aforesaid for the number of days thereafter that is determined by the minister to be the period of time during which such a patient requires treatment or services, and to assist in determining the length of time during which a patient shall be entitled to benefits under the Act, the minister may from time to time require the hospital to secure from the patient's attending medical practitioner or nurse practitioner a written statement regarding the patient's condition and the necessity of his receiving services or treatment as aforesaid during all or a portion of his stay in hospital.
Section 5.11 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Out-patient psychiatric services
5.11 Where a beneficiary has not been admitted to hospital as an in-patient, but has been rendered out-patient psychiatric services therein, there shall be paid to the hospital a sum determined by the minister. The minister shall define out-patient services and specify the benefits to be made available under this Division, and he may provide for various categories of such services and specify the sum to be paid in respect thereof. The said services shall be made available in those hospitals which have been designated by the minister for the purposes of this Division.
[en. B.C. Reg. 8/69; am. B.C. Regs. 245/80, ss. 2 and 6; 361/2003, s. 3.]
Section 5.13 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Out-patient rehabilitative services
5.13 Where a beneficiary has not been admitted to hospital as an in-patient, but has been rendered out-patient rehabilitative services therein, there shall be paid to the hospital a sum determined by the minister. The minister shall define out-patient rehabilitative services and specify the benefits to be made available under this section, and he may provide for various categories of such services and specify the sum to be paid in respect thereof. The said services shall be made available in those hospitals which have been designated by the minister for the purposes of this Division.
[en. B.C. Reg. 269/70; am. B.C. Regs. 245/80, ss. 2 and 6; 361/2003, s. 3.]
Section 5.14 (4) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(4) Where a person is not a beneficiary, the payment to be made by him to the centre shall be the cost of providing services and treatment computed by the centre in a manner approved by the minister, and each computation shall be based on a rate approved by the minister.
Section 5.22 (d) BEFORE amended by BC Reg 66/2023, effective March 8, 2023.
(d) reversal of previous sterilization procedures, male or female, except when sterilization was originally caused by trauma.
Section 5.23 BEFORE amended by BC Reg 279/2012, effective September 26, 2012.
Magnetic resonance imaging services
5.23 Where out-patient magnetic resonance imaging services are recommended for a beneficiary by the attending physician and are provided to that person in a hospital, these services, including necessary interpretations, are general hospital services.
[en. B.C. Reg. 356/89; am. B.C. Reg. 361/2003, s. 3.]
Section 6.1 (1) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) Except as hereinafter provided in this Division, a beneficiary who receives any of the benefits prescribed in sections 5.1, 5.7 and 5.8 as an in-patient in a hospital outside British Columbia shall be entitled to have payment made on his behalf pursuant to section 24 of the Act if
Section 6.2 (1) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(1) No person who leaves the Province to seek treatment elsewhere shall be entitled to benefits under these regulations unless he has been granted prior written approval to do so by the minister, who shall not grant such approval until he is satisfied that
Section 6.8 (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Out-patient benefits outside Province
6.8 Subject to the provisions of sections 6.2, 6.5 and 6.7, where a beneficiary receives any of the benefits prescribed in section 5.17 as an out-patient in a hospital or other approved facility outside British Columbia, he shall be entitled to have payment made on his behalf by the government, as follows:
Section 6.9 (a) and (b) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(a) section 5.5 if received in the Province, he shall, subject to this Division, be entitled, where the treatment is provided in a participating province, to have payment made on his behalf by the government at the rate approved by the appropriate provincial authority, or
(b) section 5.6 if received in the Province, he shall, subject to this Division, be entitled, where the treatment is provided
(i) in a participating province, to have payment made on his behalf by the government at the rate approved by the appropriate provincial authority, or
(ii) elsewhere than in a participating province, to be reimbursed or to have payment made on his behalf in an amount not exceeding the rate approved for the service in an equivalent facility in the Province.
Section 7.1 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Adjustments in per diem rates
7.1 The minister may, at the end of any period, make such adjustments in the per diem rates paid to general hospitals or rehabilitation and extended care hospitals throughout the period as he deems necessary to properly reimburse the hospitals in respect of the cost of providing the services and treatment rendered to beneficiaries.
[am. B.C. Reg. 245/80, s. 6.]
Section 8.1 BEFORE amended by BC Reg 282/2009, effective February 1, 2010.
Daily charge for benefits
8.1 (1) A beneficiary who is 19 years of age or older must pay the daily charge calculated under section 8.4 for benefits received under this regulation as an in-patient at
(a) an extended care hospital, or
(b) a general hospital if the beneficiary has been assessed to be eligible for admission to an extended care hospital or a facility as defined in section 1 of the Continuing Care Act.
(2) For the purposes of subsection (1) (b), the daily charge applies 30 days after the assessment.
[en. B.C. Reg. 331/97, s. 2.]
Section 8.2 BEFORE amended by BC Reg 282/2009, effective February 1, 2010.
Consent to release of documentation
8.2 (1) The beneficiary and, if applicable, the spouse must, in the form and manner specified by the minister, consent to and authorize Canada Customs and Revenue Agency to release to the minister any documentation necessary to verify the information required by this regulation in order that the minister may determine whether the beneficiary is eligible for a daily charge which is less than the highest daily rate charged to a beneficiary who resides in an extended care hospital or general hospital referred to in section 8.1 (1).
(2) If the beneficiary and, if applicable, the spouse do not give the consent and authorization required by subsection (1), the beneficiary will be required to pay the highest daily rate charged under this regulation for in-patient care.
[en. B.C. Reg. 331/97, s. 2; am. B.C. Reg. 361/2003, s. 4.]
Section 8.3 BEFORE repealed by BC Reg 282/2009, effective February 1, 2010.
Recipients of other benefits
8.3 For the purposes of section 8.4, a beneficiary who resides in an extended care hospital or a general hospital is deemed to have a remaining annual income of $7 000 or less if the beneficiary receives any of the following:
(a) the guaranteed income supplement, the spouse's allowance or the survivor's allowance under the Old Age Security Act (Canada);
(b) income assistance under the Employment and Assistance Act;
(b.1) disability assistance under the Employment and Assistance for Persons with Disabilities Act;
(c) a war veterans allowance under the War Veteran's Allowance Act (Canada).
[en. B.C. Reg. 331/97, s. 2; am. B.C. Regs. 361/2003, s. 5; 75/2005, Sch. 2, s. 1.]
Section 8.4 BEFORE re-enacted by BC Reg 282/2009, effective February 1, 2010.
Daily charge for beneficiaries using an extended care hospital or general hospital
8.4 (1) The daily charge for a person living in the same room as his or her spouse and receiving the old age security pension/guaranteed income supplement is $22.20, and must be adjusted every year on January 1, commencing on January 1, 2004, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year.
(2) Repealed. [B.C. Reg. 75/2005, Sch. 2, s. 2.]
(3) For a client who has a spouse, or a spouse and a child, the remaining annual income is calculated for the client as the lesser of
(a) a single person without a child, and
(b) a person with a spouse together with any child or children they may have.
(4) The daily charge for a client who resides in a facility or a family care home and does not fall under subsection (1) is the dollar amount in Column 2 set out opposite the remaining annual income in Column 1 of the following table:
| Column 1 | Column 2 | |
| Remaining Annual Income | Rate | |
| $ 0 — $ 7 000.00 | $28.10 | |
| $ 7 000.01 — $ 9 000.00 | $30.60 | |
| $ 9 000.01 — $11 000.00 | $33.90 | |
| $11 000.01 — $13 000.00 | $36.90 | |
| $13 000.01 — $15 000.00 | $40.90 | |
| $15 000.01 — $18 000.00 | $45.30 | |
| $18 000.01 — $21 000.00 | $49.50 | |
| $21 000.01 — $24 000.00 | $53.80 | |
| $24 000.01 — $27 000.00 | $58.10 | |
| $27 000.01 — $30 000.00 | $62.70 | |
| $30 000.01 or more | $67.50 |
(5) The daily charge must be adjusted every year on January 1, commencing on January 1, 2004, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.
[en. B.C. Reg. 297/2002; am. B.C. Regs. 345/2003, ss. 2 and 3; 75/2005, Sch. 2, s. 2.]
Section 8.4 (1) (a) and (b) BEFORE amended by BC Reg 231/2011, effective February 1, 2012.
(a) if the beneficiary's after tax income is at least $1 375, 80% of the beneficiary's after tax income, or
(b) if the beneficiary's after tax income is less than $1 375, an amount that equals the beneficiary's after tax income minus $275.
Section 8.4 (2) BEFORE amended by BC Reg 231/2011, effective February 1, 2012.
(2) The maximum charge under subsection (1) is $2 932, adjusted every year on January 1, beginning on January 1, 2012, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.
Section 8.4 (3) (b) BEFORE amended by BC Reg 231/2011, effective February 1, 2012.
(2) The maximum charge under subsection (1) is $2 932, adjusted every year on January 1, beginning on January 1, 2012, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.
(b) $275, adjusted every year on January 1, beginning on January 1, 2011, and rounded down to the nearest $0.10.
Section 8.4 (2) BEFORE amended by BC Reg 134/2016, effective June 10, 2016.
(2) The maximum charge under subsection (1) is $2 932, adjusted every year on January 1, beginning on February 1, 2012, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.
Section 8.41 BEFORE self-repealed by BC Reg 25/61, effective March 1, 2011.
Monthly charge for beneficiaries residing
in hospitals on January 31, 2010
8.41 (1) In this section:
"former monthly charge" means the monthly charge a grandparented beneficiary would have had to pay to reside in an extended care hospital or a general hospital if section 8.4 had not been repealed and replaced by B.C. Reg. 282/2009;
"grandparented beneficiary" means a beneficiary who
(a) is residing in an extended care hospital or a general hospital on January 31, 2010 and continues to reside in an extended care hospital or general hospital after that date, or
(b) is approved on or before January 31, 2010 to reside in an extended care hospital or a general hospital and resides in an extended care hospital or general hospital after that date;
"new monthly charge" means the monthly charge a grandparented beneficiary must pay to reside in an extended care hospital or a general hospital as of the enactment of section 8.4 by B.C. Reg. 282/2009.
(2) Despite section 8.4, if the new monthly charge for a grandparented beneficiary is higher than the former monthly charge for the grandparented beneficiary, the grandparented beneficiary must pay a monthly charge that is equal to
(a) for the period beginning February 1, 2010 and ending December 31, 2010, the former monthly charge plus 50% of the difference between the former monthly charge and the new monthly charge, and
(b) beginning January 1, 2011, the monthly charge applicable under section 8.4.
(3) This section is repealed March 1, 2011.
[en. B.C. Reg. 282/2009, Sch. s. 4.]
Section 8.6 (1) BEFORE amended by BC Reg 282/2009, effective February 1, 2010.
(1) The minister may waive all or some portion of the daily charge up to a maximum of one year for a beneficiary residing in an extended care hospital or a general hospital if the beneficiary is unable to pay because of financial hardship.
Section 8.6 (2) and (4) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(2) A beneficiary who has been granted a hardship waiver under subsection (1) must inform the local health authority, in writing and within 10 days, of any changes in his or her monthly disposable income which may affect the waiver.
(4) A beneficiary who fails to re-establish his or her need for a hardship waiver must repay all charges that were waived during the time that the beneficiary did not qualify for the waiver.
Section 8.6 (3) (sandwich text) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Section 9.1 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Hospital services as compensation
9.1 Any person who is eligible to receive or apply for hospital services as compensation under the provisions of the Workers Compensation Act of the Province or a former member of Her Majesty's armed forces who receives hospital services for a disability or condition arising out of his war service in respect of which he receives a pension shall not be deemed to be a beneficiary in respect of illness, injury, disability or condition which necessitated his receiving such services.
[am. B.C. Regs. 65/66, s. 5; 281/87, s. 2; 272/98.]
Section 9.2 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Hospital services under an enactment of another jurisdiction
9.2 Any person who is entitled to receive hospital services under any other statute of Canada or of the Province which is specified in an agreement made pursuant to section 191 of the Act or who is entitled to receive services under an enactment of any provincial legislature or any other competent jurisdiction other than Canada or British Columbia shall not be deemed to be a beneficiary in respect of any such services received by him.
Section 10.1 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
Service as a result of wrongful act
10.1 Notwithstanding any other provision of these regulations, where a beneficiary requires hospital services for accidental injuries received as a result of the wrongful act or omission of some other person, the minister may reduce the sum to be paid on behalf of the beneficiary pursuant to the Act by the amount of any settlement or award made to the beneficiary or any payment made on his behalf in respect of such hospital services by any other person.
[en. B.C. Reg. 65/66, s. 6; am. B.C. Reg. 245/80, s. 6.]
Schedule A, item "Campbell River and District Hospital" was struck out by BC Reg 171/2017, effective September 18, 2017.
Schedule A, item "North Island Hospital, Comox Valley" was added by BC Reg 171/2017, effective September 18, 2017.