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Volume 60, No. 2

34/2017

The British Columbia Gazette,

Part II

February 14, 2017

B.C. Reg. 34/2017 , deposited February 20, 2017, under the EMPLOYMENT AND ASSISTANCE ACT [section 35] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26]. Order in Council 65/2017, approved and ordered February 17, 2017.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that, effective July 1, 2017,

(

a) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in the attached Appendix 1, and

(

b) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix 2.

— M. STILWELL, Minister of Social Development and Social Innovation ; R. COLEMAN, Presiding Member of the Executive Council .

Appendix 1

Section 1 (1) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended

(

a) by adding the following

definitions:

“BC child adjustment amount” , in relation to a dependent child in a family unit, means the amount of

(a) $195.02 for the first dependent child in the family unit,

(b) $172.54 for the second dependent child in the family unit, or

(c) $164.18 for each additional dependent child in the family unit,

and each of these amounts is adjusted every year on July 1, beginning on July 1, 2018, by the percentage increase, if any, of the consumer price index for the 12 month period ending September 30 of the previous year;

“Canada child benefit” means an amount deemed to be an overpayment on account of a person’s liability for

the taxation year determined under

section 122.61 of the Income Tax Act (Canada) as it read on or after July 1, 2016; ,

(

b) by repealing the definition of “Canada child tax benefit” and substituting the following:

“Canada child tax benefit” means an amount deemed to be an overpayment on account of a person’s liability for the taxation year determined under

section 122.61 of the Income Tax Act (Canada) as it read before July 1, 2016 and includes the child disability benefit; ,

(

c) in the definition of “child benefits cheque” by adding the following paragraph:

(

f) the Canada child benefit; ,

(

d) by adding the following definition:

“consumer price index” means the Consumer Price Index for Canada, as published by Statistics Canada under

the authority of the Statistics Act (Canada); , and

(

e) in the definition of “national child benefit supplement” by adding “ as it read before July 1, 2016 ” after “ (Canada) ”.

Section 11 (1) is amended by adding the following paragraph:

(e.1) a Canada child benefit; .

3 The following sections are added:

Advance for lost or stolen child benefits cheque – Canada child benefit

60.1

(1) The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance as an advance for a lost or stolen child benefits cheque for the Canada child benefit in respect of a dependent child or dependent children, as the case may be, if

(

a) the minister is satisfied that an unendorsed child benefits cheque for the Canada child benefit, the payee of which is a person in the family unit, has been lost or stolen,

(

b) the minister considers that the advance is immediately needed for basic needs of food, clothing or shelter,

(

c) the minister is satisfied that any steps necessary for replacing the cheque have been or will be taken, and

(

d) a recipient in the family unit does either or both of the following:

(

i) agrees in writing to repay the advance;

(ii) authorizes deduction of the amount of the advance from subsequent payments of assistance.

(2) The amount that may be advanced under subsection (1) is the lesser of

(

a) the amount of the lost or stolen child benefits cheque that is attributed to the Canada child benefit, and

(

b) the BC child adjustment amount in respect of the dependent child or dependent children, as the case may be.

Supplement for delayed, suspended or cancelled Canada child benefit

61.1

(1) The minister may provide a supplement to or for a family unit that is eligible for income assistance or hardship assistance if

(

a) payment of the Canada child benefit for a calendar month to a person in the family unit in respect of a dependent child or dependent children, as the case may be, is delayed, suspended or cancelled under the Income Tax Act (Canada) for any reason other than that

(

i) the person refuses to apply for the Canada child benefit,

(ii) the person refuses to provide information necessary to determine eligibility for the Canada child benefit, or

(iii) the person refuses to accept the Canada child benefit, and

(

b) the minister considers that the supplement is immediately needed for basic needs of food, clothing or shelter.

(2) The amount that may be provided for a calendar month as a supplement under subsection (1) is equal to

(

a) the BC child adjustment amount, minus

(

b) the Canada child benefit, if any,

received by the family unit in respect of the dependent child or dependent children, as the case may be, for the preceding calendar month.

(3) If the amount calculated under subsection (2) is less than zero, it is deemed to be zero for the purposes of this section.

Section 2 of

Schedule A is amended

(

a) in subsection (0.1) by repealing the definition of “maximum adjustment” ,

(

b) in subsection (2) by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) the total BC child adjustment amount for all dependent children and all deemed dependent children in the family unit, minus

(

b) the sum of

(

i) the family bonus, if any, paid to the family unit for the preceding month,

(ii) the Canada child benefit, if any, paid to the family unit for the preceding month in respect of dependent children in the family unit, up to a maximum of the BC child adjustment amount in respect of those dependent children, and

(iii) the total amount of the supplements, if any, provided to or for the family unit under

section 61 [supplement for delayed, suspended or cancelled family bonus] or 61.1 [supplement for delayed, suspended or cancelled Canada child benefit] of this regulation for the current calendar month. ,

(

c) by adding the following subsection:

(2.1) If the amount calculated under subsection (2) is less than zero, it is deemed to be zero for the purposes of this section. ,

(

d) in subsections (3) and (4) by adding “ or the Canada child benefit ” after “ the family bonus ” wherever it appears, and

(

e) by adding the following subsection:

(6) For the purposes of this section, if the family unit includes a deemed dependent child, the BC child adjustment amount applies in respect of the deemed dependent child as if the deemed dependent child was a dependent child.

Section 1 (

a) of

Schedule B is amended by adding the following subparagraph:

(iv.1) the Canada child benefit, except the portion treated as unearned income under

section 10 (1) of this Schedule; .

Section 10 (0.1) of

Schedule B is amended

(

a) by adding the following definition:

“backdated Canada child benefit payment” , in relation to a child benefits cheque, means the portion of the cheque, if any, attributable to the Canada child benefit for one or more calendar months preceding the calendar month in which the cheque is issued; , and

(

b) in the definition of “supplement” by adding “ or 61.1 [supplement for delayed, suspended or cancelled Canada child benefit] ” after “

section 61 [supplement for delayed, suspended or cancelled family bonus] ”.

Section 10 (1) of

Schedule B is amended

(

a) by adding “ or a backdated Canada child benefit payment ” after “ a backdated family bonus payment ”,

(

b) in paragraph (

a) by adding “ or the backdated Canada child benefit payment, as applicable, ” after “ the backdated family bonus payment ”, and

(

c) in paragraph (

b) by adding “ or the backdated Canada child benefit payment, as applicable ” after “ the backdated family bonus payment ”.

Section 10 (2) of

Schedule B is amended by adding “ or a Canada child benefit ” after “ a family bonus ”.

Section 10 (3) of

Schedule B is amended

(

a) by adding “ or Canada child benefit ” after “ family bonus ”, and

(

b) in paragraphs (

a) and (

b) by adding “ or 60.1 [advance for lost or stolen child benefits cheque – Canada child benefit] ” after “

section 60 [advance for lost or stolen family bonus cheque] ” in both places.

Section 2 (0.1) of

Schedule D is amended

(

a) by adding the following definition:

“backdated Canada child benefit payment” , in relation to a child benefits cheque, means the portion of the cheque, if any, attributable to the Canada child benefit for one or more calendar months preceding the calendar month in which the cheque is issued; ,

(

b) by repealing the definition of “maximum adjustment” , and

(

c) in the definition of “supplement” by adding “ or 61.1 [supplement for delayed, suspended or cancelled Canada child benefit] ” after “

section 61 [supplement for delayed, suspended or cancelled family bonus] ”.

Section 2 (2) of

Schedule D is amended by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) the total BC child adjustment amount for all dependent children in the family unit, minus

(

b) the sum of

(

i) the family bonus, if any, paid to the family unit for the preceding month,

(ii) the Canada child benefit, if any, paid to the family unit for the preceding month in respect of dependent children in the family unit, up to a maximum of the BC child adjustment amount in respect of those dependent children, and

(iii) the total amount of the supplements, if any, provided to or for the family unit under

section 61 [supplement for delayed, suspended or cancelled family bonus] or 61.1 [supplement for delayed, suspended or cancelled Canada child benefit] of this regulation for the current calendar month.

Section 2 of

Schedule D is amended by adding the following subsection:

(2.1) If the amount calculated under subsection (2) is less than zero, it is deemed to be zero for the purposes of this section.

Section 2 (3) and (4) of

Schedule D is amended by adding “ or the Canada child benefit ” after “ the family bonus ” wherever it appears.

Section 2 (7) of

Schedule D is amended

(

a) by adding “ or a backdated Canada child benefit payment ” after “ a backdated family bonus payment ”,

(

b) in paragraph (

a) by adding “ or the backdated Canada child benefit payment, as applicable, ” after “ the backdated family bonus payment ”, and

(

c) in paragraph (

b) by striking out “ the backdated family bonus payment; ” and substituting “ the backdated family bonus payment or the backdated Canada child benefit payment,

as applicable. ”.

Section 2 (8) of

Schedule D is amended by adding “ or a Canada child benefit ” after “ a family bonus ”.

Section 2 (9) of

Schedule D is amended

(

a) by adding “ or Canada child benefit ” after “ family bonus ”, and

(

b) in paragraphs (

a) and (

b) by adding “ or 60.1 [advance for lost or stolen child benefits cheque – Canada child benefit] ” after “

section 60 [advance for lost or stolen family bonus cheque] ” in both places.

Section 6 of

Schedule D is amended by adding the following paragraph:

(c.1) the Canada child benefit, except the portion treated as unearned income under

section 2 (7) of this Schedule; .

Appendix 2

Section 1 (1) of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended

(

a) by adding the following

definitions:

“BC child adjustment amount” , in relation to a dependent child in a family unit, means the amount of

(a) $195.02 for the first dependent child in the family unit,

(b) $172.54 for the second dependent child in the family unit, or

(c) $164.18 for each additional dependent child in the family unit,

and each of these amounts is adjusted every year on July 1, beginning on July 1, 2018, by the percentage increase, if any, of the consumer price index for the 12 month period ending September 30 of the previous year;

“Canada child benefit” means an amount deemed to be an overpayment on account of a person’s liability for the taxation year determined under

section 122.61 of the Income Tax Act (Canada) as it read on or after July 1, 2016; ,

(

b) by repealing the definition of “Canada child tax benefit” and substituting the following:

“Canada child tax benefit” means an amount deemed to be an overpayment on account of a person’s liability for the taxation year determined under

section 122.61 of the Income Tax Act (Canada) as it read before July 1, 2016 and includes the child disability benefit; ,

(

c) in the definition of “child benefits cheque” by adding the following paragraph:

(

f) the Canada child benefit; ,

(

d) by adding the following definition:

“consumer price index” means the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act (Canada); , and

(

e) in the definition of “national child benefit supplement” by adding “ as it read before July 1, 2016 ” after “ (Canada) ”.

Section 10 (1) is amended by adding the following paragraph:

(e.1) a Canada child benefit; .

3 The following sections are added:

Advance for lost or stolen child benefits cheque – Canada child benefit

58.1

(1) The minister may provide a supplement to or for a family unit that is eligible for disability assistance or hardship assistance as an advance for a lost or stolen child benefits cheque for the Canada child benefit in respect of a dependent child or dependent children, as the case may be, if

(

a) the minister is satisfied that an unendorsed child benefits cheque for the Canada child benefit, the payee of which is a person in the family unit, has been lost or stolen,

(

b) the minister considers that the advance is immediately needed for basic needs of food, clothing or shelter,

(

c) the minister is satisfied that any steps necessary for replacing the cheque have been or will be taken, and

(

d) a recipient in the family unit does either or both of the following:

(

i) agrees in writing to repay the advance;

(ii) authorizes deduction of the amount of the advance from subsequent payments of assistance.

(2) The amount that may be advanced under subsection (1) is the lesser of

(

a) the amount of the lost or stolen child benefits cheque that is attributed to the Canada child benefit, and

(

b) the BC child adjustment amount in respect of the dependent child or dependent children, as the case may be.

Supplement for delayed, suspended or cancelled Canada child benefit

59.1

(1) The minister may provide a supplement to or for a family unit that is eligible for disability assistance or hardship assistance if

(

a) payment of the Canada child benefit for a calendar month to a person in the family unit in respect of a dependent child is delayed, suspended or cancelled under the Income Tax Act (Canada) for any reason other than that

(

i) the person refuses to apply for the Canada child benefit,

(ii) the person refuses to provide information necessary to determine eligibility for the Canada child benefit, or

(iii) the person refuses to accept the Canada child benefit, and

(

b) the minister considers that the supplement is immediately needed for basic needs of food, clothing or shelter.

(2) The amount that may be provided for a calendar month as a supplement under subsection (1) is equal to

(

a) the BC child adjustment amount, minus

(

b) the Canada child benefit, if any,

received by the family unit in respect of the dependent child or dependent children, as the case may be, for the preceding calendar month.

(3) If the amount calculated under subsection (2) is less than zero, it is deemed to be zero for the purposes of this section.

Section 2 of

Schedule A is amended

(

a) in subsection (0.1) by repealing the definition of “maximum adjustment” ,

(

b) in subsection (2) by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) the total BC child adjustment amount for all dependent children and all deemed dependent children in the family unit, minus

(

b) the sum of

(

i) the family bonus, if any, paid to the family unit for the preceding month,

(ii) the Canada child benefit, if any, paid to the family unit for the preceding month in respect of dependent children in the family unit, up to a maximum of the BC child adjustment amount in respect of those dependent children, and

(iii) the total amount of the supplements, if any, provided to or for the family unit under

section 59 [supplement for delayed, suspended or cancelled family bonus] or 59.1 [supplement for delayed, suspended or cancelled Canada child benefit] of this regulation for the current calendar month. ,

(

c) by adding the following subsection:

(2.1) If the amount calculated under subsection (2) is less than zero, it is deemed to be zero for the purposes of this section. ,

(

d) in subsections (3) and (4) by adding “ or the Canada child benefit ” after “ the family bonus ” wherever it appears, and

(

e) by adding the following subsection:

(6) For the purposes of this section, if the family unit includes a deemed dependent child, the BC child adjustment amount applies in respect of the deemed dependent child as if the deemed dependent child was a dependent child.

Section 1 (

a) of

Schedule B is amended by adding the following subparagraph:

(iv.1) the Canada child benefit, except the portion treated as unearned income under

section 10 (1) of this Schedule; .

Section 10 (0.1) of

Schedule B is amended

(

a) by adding the following definition:

“backdated Canada child benefit payment” , in relation to a child benefits cheque, means the portion of the cheque, if any, attributable to the Canada child benefit for one or more calendar months preceding the calendar month in which the cheque is issued; , and

(

b) in the definition of “supplement” by adding “ or 59.1 [supplement for delayed, suspended or cancelled Canada child benefit] ” after “

section 59 [supplement for delayed, suspended or cancelled family bonus] ”.

Section 10 (1) of

Schedule B is amended

(

a) by adding “ or a backdated Canada child benefit payment ” after “ a backdated family bonus payment ”,

(

b) in paragraph (

a) by adding “ or the backdated Canada child benefit payment, as applicable, ” after “ the backdated family bonus payment ”, and

(

c) in paragraph (

b) by adding “ or the backdated Canada child benefit payment, as applicable ” after “ the backdated family bonus payment ”.

Section 10 (2) of

Schedule B is amended by adding “ or a Canada child benefit ” after “ a family bonus ”.

Section 10 (3) of

Schedule B is amended

(

a) by adding “ or Canada child benefit ” after “ family bonus ”, and

(

b) in paragraphs (

a) and (

b) by adding “ or 58.1 [advance for lost or stolen child benefits cheque – Canada child benefit] ” after “

section 58 [advance for lost or stolen family bonus cheque] ” in both places.

Section 2 (0.1) of

Schedule D is amended

(

a) by adding the following definition:

“backdated Canada child benefit payment” , in relation to a child benefits cheque, means the portion of the cheque, if any, attributable to the Canada child benefit for one or more calendar months preceding the calendar month in which the cheque is issued; ,

(

b) by repealing the definition of “maximum adjustment” , and

(

c) in the definition of “supplement” by adding “ or 59.1 [supplement for delayed, suspended or cancelled Canada child benefit] ” after “

section 59 [supplement for delayed, suspended or cancelled family bonus] ”.

Section 2 (2) of

Schedule D is amended by repealing paragraphs (

a) and (

b) and substituting the following:

(

a) the total BC child adjustment amount for all dependent children in the family unit, minus

(

b) the sum of

(

i) the family bonus, if any, paid to the family unit for the preceding month,

(ii) the Canada child benefit, if any, paid to the family unit for the preceding month in respect of dependent children in the family unit, up to a maximum of the BC child adjustment amount in respect of those dependent children, and

(iii) the total amount of the supplements, if any, provided to or for the family unit under

section 59 [supplement for delayed, suspended or cancelled family bonus] or 59.1 [supplement for delayed, suspended or cancelled Canada child benefit] of this regulation for the current calendar month.

Section 2 of

Schedule D is amended by adding the following subsection:

(2.1) If the amount calculated under subsection (2) is less than zero, it is deemed to be zero for the purposes of this section.

Section 2 (3) and (4) of

Schedule D is amended by adding “ or the Canada child benefit ” after “ the family bonus ” wherever it appears.

Section 2 (7) of

Schedule D is amended

(

a) by adding “ or a backdated Canada child benefit payment ” after “ a backdated family bonus payment ”,

(

b) in paragraph (

a) by adding “ or the backdated Canada child benefit payment, as applicable, ” after “ the backdated family bonus payment ”, and

(

c) in paragraph (

b) by adding “ or the backdated Canada child benefit payment, as applicable ” after “ the backdated family bonus payment ”.

Section 2 (8) of

Schedule D is amended by adding “ or a Canada child benefit ” after “ a family bonus ”.

Section 2 (9) of

Schedule D is amended

(

a) by adding “ or Canada child benefit ” after “ family bonus ”, and

(

b) in paragraphs (

a) and (

b) by adding “ or 58.1 [advance for lost or stolen child benefits cheque – Canada child benefit] ” after “

section 58 [advance for lost or stolen family bonus cheque] ” in both places.

Section 6 of

Schedule D is amended by adding the following paragraph:

(c.1) the Canada child benefit, except the portion treated as unearned income under

section 2 (7) of this Schedule; .

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