May 30, 2002

414786120/02040/tlc02040_f

E4tlc02040

Introductory Provisions

Interpretation

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

the person's spouse, if the spouse is a dependant, and

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;

client needs assessment means an assessment, in such form as the minister determines, that is completed by the minister under

section 9 [client needs assessment and employability plan] ;

dependant , in relation to a person, means anyone who resides with the person and who

is the spouse of the person, or

is a dependent child of the person;

[Repealed 2019-36-87.]

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) but excludes a child in circumstances prescribed under subsection (2.1);

dependent youth means a dependent child who has reached 16 years of age;

employability plan means a plan, in such form as the minister determines, that is entered into by the minister and a recipient or dependent youth under

section 9;

family unit means an applicant or a recipient and the applicant's or the recipient's dependants;

former Act means

the BC Benefits (Income Assistance) Act ,

the BC Benefits (Youth Works) Act , or

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

the person's spouse, if the spouse is a dependant, and

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] .

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.

2.1

The Lieutenant Governor in Council may prescribe circumstances in which a child is not a dependent child of a parent for the purposes of this Act.

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.

Meaning of "spouse"

1.1

Two persons are spouses of each other for the purposes of this Act if

they are married to each other,

they declare to the minister that they are in a marriage-like relationship, or

they have resided together for at least the previous 12 consecutive months and the minister is satisfied that the relationship demonstrates

financial dependence or interdependence, and

social and familial interdependence

consistent with a marriage-like relationship.

The Lieutenant Governor in Council may prescribe circumstances in which two persons are not spouses of each other for the purposes of this Act.

Eligibility of family unit

For the purposes of this Act, a family unit is eligible, in relation to income assistance, hardship assistance or a supplement, if

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 family unit has not been declared ineligible for the income assistance, hardship assistance or supplement under this Act.

Act does not apply to persons with disabilities

A family unit that includes a person with disabilities is not eligible for income assistance or hardship assistance under this Act.

Assistance

Income assistance and supplements

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

Subject to the regulations, the minister may provide hardship assistance to or for a family unit that

is eligible for it, and

is not eligible for income assistance.

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

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

The minister may establish or fund employment-related programs for applicants, recipients or dependent youths who have difficulty finding or maintaining employment.

Repealed

[Repealed 2019-36-90.]

Client needs assessment and employability plan

Each recipient in a family unit must, when required to do so by the minister,

participate, to the minister's satisfaction, in the completion of a client needs assessment, and

enter into an employability plan with the minister.

The minister may, in an employability plan, specify conditions with which a recipient must comply.

A dependent youth may request that the minister complete a client needs assessment for the youth.

If the minister completes a client needs assessment at the request of a dependent youth under subsection (3), the youth may request that the minister enter into an employability plan with the youth.

The minister may at any time amend, suspend or cancel an employability plan.

A decision of the minister in respect of any of the following matters is final and conclusive and not open to review by a court on any ground or to appeal to the tribunal under

section 17 (3) [reconsideration and appeal rights] :

a requirement that a person participate in a client needs assessment;

a requirement that a person enter into an employability plan;

the specification, in an employability plan, of conditions with which a recipient must comply;

the amendment, suspension or cancellation of an employability plan.

Information and verification

[Repealed 2024-4-3.]

1.1

The minister may, for the purpose of determining or auditing eligibility for income assistance, hardship assistance or a supplement, do one or more of the following:

direct an applicant or recipient to supply the minister with information within the time and in the manner specified by the minister;

seek verification of any information supplied to the minister by an applicant or recipient;

direct an applicant or recipient to supply verification of any information the applicant or recipient supplied to the minister.

1.2

The minister may, for the purpose of assessing employability and skills or assessing compliance with the conditions of an employability plan, do one or more of the following:

direct a recipient or dependent youth to supply the minister with information within the time and in the manner specified by the minister;

seek verification of any information supplied to the minister by a recipient or dependent youth;

direct a recipient or dependent youth to supply verification of any information the recipient or dependent youth supplied to the minister.

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.

[Repealed 2024-4-3.]

If an applicant or a recipient 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, or

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.

[Repealed 2024-4-3.]

Reporting requirements

For a family unit to be eligible for income assistance or hardship assistance, a recipient must submit a report to the minister in accordance with the regulations.

Not in force

[Not in force.]

Consequences of not meeting specified obligations

The minister may, in any of the following circumstances, impose on a family unit one or more of the consequences that are prescribed by the Lieutenant Governor in Council:

a recipient does not, to the satisfaction of the minister, participate in the completion of a client needs assessment when required to do so by the minister;

a recipient does not enter into an employability plan when required to do so by the minister;

a recipient does not, to the satisfaction of the minister, comply with the conditions of an employability plan.

The Lieutenant Governor in Council may specify by regulation categories of recipients or family units in respect of which one or more consequences prescribed under subsection (1) do not apply.

Consequences of not accepting or disposing of property

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:

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;

disposed of real or personal property for consideration that, in the minister's opinion, is inadequate.

1.1

The Lieutenant Governor in Council may specify by regulation sources of income, types of assets or other means of support that the minister must not consider under subsection (1) (a).

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:

disposed of real or personal property to reduce assets;

[Not in force.]

In the circumstances described in subsection (1), 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, or

declare the family unit of the person ineligible for income assistance or hardship assistance for the prescribed period.

Repealed

[Repealed 2015-23-54.]

Repealed

15.1

[Repealed 2024-4-6.]

Consequences in relation to outstanding arrest warrants

15.2

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

the Immigration and Refugee Protection Act (Canada), or

any other enactment of Canada in relation to an indictable offence, and

on whom the warrant has not been executed.

Despite

section 5 and subsection (1) of this section, and subject to the regulations, the minister may provide

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

a supplement to

the person who is the subject of the warrant, for the purpose of the person returning to the jurisdiction that issued the warrant, or

the family unit, for the purpose of the family unit returning to the jurisdiction that issued the warrant.

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.

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.

Applying periods of ineligibility and reduction

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.

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.

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.

Appeals

Reconsideration and appeal rights

Subject to

section 18, a person may request the minister to reconsider any of the following decisions made under this Act:

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;

a decision that results in a discontinuance of income assistance or a supplement provided to or for someone in the person's family unit;

a decision that results in a reduction of income assistance or a supplement provided to or for someone in the person's family unit;

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

the maximum amount of the supplement under the regulations, and

the cost of the least expensive and appropriate manner of providing the supplement;

a decision under

section 9 (2) [client needs assessment and employability plan] to specify conditions of an employability plan.

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.

Subject to a regulation under subsection (5) and sections 9 (6) [client needs assessment and employability 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.

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.

The Lieutenant Governor in Council may designate by regulation

categories of supplements that are not appealable to the tribunal, and

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

If a person reapplies for income assistance, hardship assistance or a supplement after

the eligibility of the person's family unit for the income assistance, hardship assistance or supplement has been determined under this Act,

a right of appeal under

section 17 (3) has been exercised in respect of the determination referred to in paragraph (a), and

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

The Employment and Assistance Appeal Tribunal is established to determine appeals of decisions that are appealable under

section 17 (3) [reconsideration and appeal rights] of this Act,

section 16 (3) [reconsideration and appeal rights] of the Employment and Assistance for Persons with Disabilities Act , and

section 14 (1) [appeals] of the Early Learning and Child Care Act .

The tribunal consists of the following individuals appointed after a merit-based process:

a member appointed by the Lieutenant Governor in Council and designated as the chair;

one or more members appointed by the Lieutenant Governor in Council and designated as vice chairs after consultation with the chair;

other members appointed by the minister after consultation with the chair.

To be eligible for an appointment under subsection (2), a person must have the prescribed qualifications.

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.

A member of the tribunal, other than the chair or vice chair, may be paid remuneration in accordance with general directives of Treasury Board.

Application of Administrative Tribunals Act

19.1

The following provisions of the Administrative Tribunals Act apply to the tribunal:

Part 1 [Interpretation and Application] ;

Part 2 [Appointments] , except sections 7 (3) [remuneration and benefits after expiry of term] and 10 [remuneration and benefits for members] ;

Part 3 [Clustering] ;

section 30 [tribunal duties] ;

d.1

section 40 [information admissible in tribunal proceedings] ;

section 44 [tribunal without jurisdiction over constitutional questions] ;

section 46.3 [tribunal without jurisdiction to apply the Human Rights Code] ;

Part 8 [Immunities] ;

section 58 [standard of review with privative clause] ;

section 59.1 [surveys] ;

section 59.2 [reporting] ;

section 60 (1) (

g) to (

i) and (2) [power to make regulations] ;

section 61 [application of Freedom of Information and Protection of Privacy Act] .

Maintenance of order at hearings

19.2

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.

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.

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.

Time limit for judicial review

19.3

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.

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.

Powers and duties of the chair

The chair must submit to the minister an annual report concerning the tribunal's activities.

The chair may

establish practices and procedures not inconsistent with the regulations for the tribunal, and

[Repealed 2004-45-85.]

The chair may terminate an appointment to a panel and may fill a vacancy on a panel before a hearing starts.

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

A person who has a right of appeal to the tribunal must commence the appeal within the prescribed time limits and in accordance with the prescribed rules.

If a person who has a right of appeal to the tribunal does not commence an appeal within the applicable time limits,

the person is deemed to have accepted the minister's decision, and

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

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.

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.

A panel must conduct a hearing into the decision being appealed within the prescribed period either

orally, or

with the consent of the parties, in writing.

A panel may consider evidence that is not part of the record as the panel considers is reasonably required for a full and fair disclosure of all matters related to the decision under appeal.

[Repealed 2019-36-95.]

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

If, at any time before a panel makes a decision under

section 24 [decision of panel] , the person who commenced the appeal notifies the tribunal or the panel chair that the person wishes to withdraw the appeal, the appeal is deemed to have been dismissed by the panel.

1.1

The chair must notify the minister if an appeal is deemed to have been dismissed under subsection (1).

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

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,

reasonably supported by the evidence, or

a reasonable application of the applicable enactment in the circumstances of the person appealing the decision.

For a decision referred to in subsection (1), the panel must

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

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.

The panel must provide written reasons for its decision under subsection (2).

Notice of the decision and reasons of the panel must be given in accordance with the regulations.

The decision of a majority of the members of a panel is the decision of the tribunal, but the decision of the chair of the panel governs in the case of a tie.

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 to make any order permitted to be made.

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.

Vexatious proceedings

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 the person or giving the person 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.

Repealed

[Repealed 2004-45-87.]

3.1

Agreements Respecting the Declaration on the Rights of Indigenous Peoples Act

Definitions for this

Part

26.1

In this Part:

decision-making agreement means an agreement negotiated and entered into under

section 7 [decision-making agreements] of the Declaration on the Rights of Indigenous Peoples Act relating to statutory powers of decision under this Act;

Indigenous governing body has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

Indigenous peoples has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

minister's duty means a duty, responsibility or function given by law to the minister respecting the administration or enforcement of this Act, but does not include a statutory power of decision;

minister's power means a power or right given by law to the minister respecting the administration or enforcement of this Act, but does not include a statutory power of decision;

power or duty agreement means an agreement entered into under

section 6 of the Declaration on the Rights of Indigenous Peoples Act relating to one or both of the following:

the exercise of a minister's power, or the performance of a minister's duty, jointly by

an Indigenous governing body, and

the minister or a delegate of the minister;

the consent of the Indigenous governing body before the exercise of a minister's power or the performance of a minister's duty;

statutory power of decision has the same meaning as in the Judicial Review Procedure Act .

Interpretation and administration of Act

26.2

This Act must be interpreted and administered in accordance with the principle that Indigenous peoples have inherent rights of self-government and self-determination that are recognized and affirmed by

section 35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples.

Agreements in relation to the Declaration on the Rights of Indigenous Peoples Act

26.3

If, for the purposes of this Act, the minister enters into a power or duty agreement, the minister must publish a copy of the power or duty agreement, and any amendments to the agreement, on a publicly accessible website maintained by or on behalf of the government.

An agreement or amendment referred to in subsection (1) is not effective until the later of

the date the agreement or amendment is published, and

any commencement date specified in the agreement or amendment.

A single agreement may contain both a decision-making agreement and a power or duty agreement.

Required conditions in agreements

26.4

A decision-making agreement or power or duty agreement must include conditions on the use, disclosure and security of information that is provided under the agreement to an Indigenous governing body.

Effect of agreements

26.5

If a decision-making agreement or power or duty agreement has been entered into,

the statutory power of decision, minister's power or minister's duty, as applicable, must be exercised or performed in accordance with the agreement,

a reference under this Act to the statutory power of decision, minister's power or minister's duty is to be read as a reference to the statutory power of decision, minister's power or minister's duty as exercised or performed in accordance with the agreement, and

the following terms of the agreement have the force of law:

terms identifying the person who is exercising or performing, or providing consent in relation to, a statutory power of decision, minister's power or minister's duty in accordance with the agreement;

terms relating to the criteria or procedures for the exercise or performance of, or consent in relation to, a statutory power of decision, minister's power or minister's duty in accordance with the agreement.

General Provisions

Overpayments

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.

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

An amount that a person is liable to repay under this Act is a debt due to the government that may be

recovered in a court that has jurisdiction, or

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.

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).

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.

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

Income assistance, hardship assistance and supplements are exempt from garnishment, attachment, execution or seizure under any Act.

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

Subject to

Part 3.1 and subsections (2) and (2.1), the minister may enter into an agreement with any person or group of persons.

With the prior approval of the Lieutenant Governor in Council, the minister may enter into an agreement, including an information-sharing agreement, on behalf of the government of British Columbia with any of the following:

the government of a province or another jurisdiction in Canada or an agency of the government of a province or other jurisdiction;

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 public body as defined in the Freedom of Information and Protection of Privacy Act , or

a legal entity representing an Indigenous community.

2.2

Prior approval is not required under subsection (2.1) if the information-sharing agreement is 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 33 (3) (

h) of the Freedom of Information and Protection of Privacy Act .

An information-sharing agreement may be entered into under subsection (2) or (2.1) only for

the purposes of the administration or enforcement of

this Act,

the Income Tax Act or the Income Tax Act (Canada),

iii

the Immigration and Refugee Protection Act (Canada), or

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

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.

In this section, information-sharing agreement includes a data-matching agreement.

Offence of supplying false or misleading information

A person commits an offence who supplies, in an application under this Act or when directed or required under

section 10 (1.1), (1.2) or (2) [information and verification] ,

section 11 [reporting requirements] or the regulations, information that is false or misleading with respect to a material fact.

A person does not commit an offence under subsection (1) if

the person is a dependent youth, or

at the time the information was supplied, the person did not know it was false or misleading and, with the exercise of reasonable diligence, could not have known it was false or misleading.

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.

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.

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.

An order filed under subsection (5) may be enforced in the same manner, as applicable, as if it were

a judgment of the Supreme Court, or

a payment order of the Provincial Court.

Other provisions relating to offences

Section 5 of the Offence Act does not apply to this Act or the regulations.

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.

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,

is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

is proof of the certified facts unless there is evidence to the contrary.

Minister's powers

For the purposes of this Act, the minister may acquire and dispose of real or personal property.

The minister may conduct surveys and research activities for the purposes of program evaluation.

The minister may

prescribe forms for use under this Act, and

specify forms for use under this Act.

Delegation of minister's powers and duties

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

the power to prescribe forms,

the power to appoint members to the tribunal, and

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.

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

The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

specifying forms of assistance for the purpose of the definition of "supplement";

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;

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;

respecting applications for income assistance, hardship assistance and supplements and the information, authorizations and verifications that must be provided in support of those applications;

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;

governing eligibility for income assistance, hardship assistance or a supplement;

prescribing rules for determining the income and assets of a family unit;

prescribing rules for determining the rate or amount of income assistance, hardship assistance or a supplement;

regulating the time and manner of providing income assistance, hardship assistance and supplements;

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;

respecting the duties of persons who administer income assistance, hardship assistance or a supplement received by them for others;

respecting the information, authorizations and verifications that must be provided for the purposes of entering into, amending, suspending, cancelling or auditing compliance with an employability plan;

l.1

respecting the information, authorizations and verifications that must be provided by a recipient in relation to a client needs assessment;

l.2

respecting the information, authorizations and verifications that must be considered by the minister when completing a client needs assessment;

m) and (n

[Not in force.]

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;

prescribing periods of ineligibility for the purposes of

section 14 (2) [consequences of not accepting or disposing of property] .

[Repealed 2015-23-55.]

Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

specifying the amounts and duration of a reduction under

section 10 (4) (a) [information and verification] ,

section 14 (3) (a) [consequences of not accepting or disposing of property] or the regulations;

a.1

prescribing consequences for the purpose of

section 13 (1) [consequences of not meeting specified obligations] ;

[Repealed 2015-23-55.]

b.1

[Repealed 2024-4-14.]

prescribing additional circumstances in which the minister may declare a family unit ineligible for, or may reduce, income assistance, hardship assistance and supplements;

governing investigations and audits to determine eligibility for income assistance, hardship assistance and supplements and to ensure compliance with this Act and the regulations;

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;

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] ;

specifying time limits and other rules for the purpose of a reconsideration under

section 17 [reconsideration and appeal rights] ;

governing qualifications and criteria for appointment to the tribunal of

the chair,

a vice chair, and

iii

other members;

specifying time limits and other rules for the purposes of commencing or conducting an appeal under

Part 3 [appeals] ;

respecting the functions of the chair or vice chairs;

respecting reinstatement of income assistance and supplements pending a reconsideration or an appeal;

prescribing the period within which a hearing must be conducted for the purpose of

section 22 (3) [panels of the tribunal to conduct appeals] ;

respecting the consolidation of 2 or more appeals to be heard at a single appeal hearing;

prescribing the practices and procedures of a panel;

respecting functions of a panel chair;

respecting consequences of non compliance with rules governing appeals;

defining a quorum of a panel;

respecting the confidentiality of documents submitted to, and decisions made by, a panel;

respecting the withdrawal or replacement of panel members in the course of a hearing under

section 22 [panels of the tribunal to conduct appeals] ;

respecting service and delivery of documents or the giving of notice under this Act;

respecting terms or conditions that are to be included in information-sharing agreements under

section 30 (2) or (2.1) [agreements] ;

respecting the delegation of the powers, duties and functions of the minister;

respecting deductions under

section 28 (1) (b) [liability for and recovery of debts under Act] , including, without limitation,

prescribing the manner of deduction,

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

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

under this Act or the Employment and Assistance for Persons with Disabilities Act , or

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;

respecting any matter that, by this Act, is to be prescribed, determined or regulated by regulation;

defining any word or expression used in this Act or the regulations.

In making regulations under this Act, the Lieutenant Governor in Council may do one or more of the following:

delegate a matter to a person;

confer a discretion on a person;

make different regulations for different groups or categories of persons or family units.

Repealed

[Repealed 2024-4-15.]

Regulations respecting eligibility and assignment of maintenance rights

The Lieutenant Governor in Council may make regulations governing the assignment of maintenance rights, including the following regulations:

[Repealed 2024-4-16.]

specifying maintenance rights that may be assigned to the minister, including, but not limited to, any of the following rights:

to make an application under an enactment of British Columbia for a maintenance order;

to enter into a maintenance agreement;

iii

to make or defend an application for variation of a maintenance order or maintenance agreement;

to receive payment under

a maintenance order made under the Divorce Act (Canada) or otherwise, or

a maintenance agreement;

to enforce a maintenance order or maintenance agreement;

to file a maintenance order or maintenance agreement under the Family Maintenance Enforcement Act ;

governing how and to whom notice of an assignment of maintenance rights must be given;

governing how long an assignment of maintenance rights remains in effect for different categories of maintenance rights;

prescribing terms that are to be included in an assignment of maintenance rights and the consequences of failure to comply with those terms;

determining the amounts that may

be deducted from maintenance payments received under an assignment of maintenance rights, and

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;

respecting the method of accounting to a recipient for payments received under an assignment of maintenance rights and for deductions made from those payments.

[Repealed 2024-4-16.]

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.

While an assignment of maintenance rights is in effect, the minister

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

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.

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

except to the extent authorized in writing by the minister, and

subject to any terms or conditions specified in the authorization.

Repealed

[Repealed 2015-23-56.]

Regulations respecting pilot projects

38.1

The Lieutenant Governor in Council may make regulations establishing pilot projects to research, test and evaluate matters relating to this Act.

Without limiting subsection (1), the Lieutenant Governor in Council may, for the purposes of establishing a pilot project, make regulations respecting the following:

persons or classes of persons to which a pilot project applies;

family units or classes of family units to which a pilot project applies;

the duration of a pilot project;

monitoring and evaluation of a pilot project.

Without limiting subsection (1), the Lieutenant Governor in Council may, for the purposes of establishing a pilot project, exercise all of the regulation-making powers under this Act.

Transitional and Consequential Provisions

Application of sections 35 and 36 of the

Interpretation Act

Subject to sections 41 and 42, 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.

Repealed

[Repealed 2024-4-19.]

Recipients under former Act deemed recipients under this Act

On the date this

section comes into force, a recipient of income assistance, a youth allowance or benefits under a former Act

is deemed to have applied for and be in receipt of income assistance or supplements under this Act, and

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.

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,

is deemed to have applied for and received hardship assistance under this Act, and

in order to receive further hardship assistance, must satisfy the conditions of eligibility established under this Act for hardship assistance.

Despite a final decision of a tribunal, or the BC Benefits Appeal Board, under the BC Benefits (Appeals) Act , the minister may

adjust an amount of income assistance, youth allowance, hardship assistance or a benefit,

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 the recipient's dependants, and

alter the category of person of the recipient or the recipient's dependants

to equal the amounts or categories of income assistance, hardship assistance or supplements the recipient and the recipient's dependants are eligible for under this Act.

An adjustment or alteration referred to in subsection (3) (

a) or (

b) may be, as applicable,

an increase, a decrease or a discontinuance of an amount, or

a change in, or a discontinuance or an addition of, a category of income assistance, hardship assistance or supplements.

Indebtedness under former Act

On the date this

section comes into force, a person

whose family unit does not include a person with disabilities, and

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.

Repealed

43-47

[Repealed 2024-4-19.]

Transitional — repeal of

section 15

47.1

In this section:

Act offence means an offence under this Act or the Employment and Assistance for Persons with Disabilities Act ;

criminal code offence means 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.

On and after the date

section 15 is repealed, a family unit to which consequences referred to in

section 15 (1), (2) or (3) applied immediately before that date

is not ineligible for income assistance by reason only of a consequence imposed under that section, and

is not subject to any consequence imposed on the family unit under that section.

For certainty, a family unit described in subsection (2) is liable under

section 27 to repay to the government the amount or value of, as applicable,

an overpayment in respect of which a person in the family unit has been convicted of a criminal code offence or Act offence referred to in

section 15 (1) or (2), as that

section read immediately before its repeal, or

an overpayment that is the subject of a judgment referred to in

section 15 (3), as that

section read immediately before its repeal.

Consequential Amendments and Repeals

48-64

[Note: See Table of Legislative Changes for the status of sections 48 to 64.]

Section(

s) Affected Act

BC Benefits (Appeals) Act

49-50

BC Benefits (Child Care Subsidy) Act

BC Benefits (Income Assistance) Act

BC Benefits Statutes Amendment Act, 1997

BC Benefits (Youth Works) Act

Cemetery and Funeral Services Act

Child Care BC Act

Community Care Facility Act

Criminal Injury Compensation Act

Debtor Assistance Act

Evidence Act

Family Maintenance Enforcement Act

Family Relations Act

Freedom of Information and Protection of Privacy Act

Hospital Act

Vancouver Charter

Commencement

This Act comes into force by regulation of the Lieutenant Governor in Council.