British Columbia Bill 224 (Private Member) — 42nd Parliament, 5th Session — Previous Version 1

42-5 Member Bill 224-1

British Columbia — Bills

5th Session, 42nd Parliament

(2024) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. TODD STONE

BILL M 224 – 2024

EMERGENCY AND DISASTER MANAGEMENT AMENDMENT ACT, 2024

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

CLAUSE 1: [Emergency and Disaster Management Act,

section 137] extends the time limit to appeal a determination made under

section 136 from 90 days to 120 days.

Section 137 (2) (a) (ii) of the Emergency and Disaster Management Act, S.B.C. 2023, c. 37, is amended by striking out " no later than 90 days " and substituting " no later than 120 days ".

CLAUSE 2: [Emergency and Disaster Management Act,

section 169] adds regulation-making authority in relation to

eligibility for disaster financial assistance,

maximum amounts of disaster financial assistance payable without proof of incurring an eligible expense, and

eligible insurance expenses for disaster financial assistance.

Section 169 is amended by adding the following paragraphs:

(e.1) setting the following for the purposes of determining eligibility for disaster financial assistance:

(

i) a jurisdictional area, or portion thereof, in which insurance is deemed to be unavailable;

(ii) a cost at which insurance is deemed to be unavailable;

(iii) any other criteria under which insurance is deemed to be unavailable;

(e.2) setting a maximum amount of disaster financial assistance that may be paid in respect of an eligible expense without proof of incurring the eligible expense;

(e.3) setting criteria in respect of which a prescribed portion of the cost related to the purchase or maintenance of insurance will be an eligible expense; .

CLAUSE 3: [Emergency and Disaster Management Act,

section 173] adds regulation-making authority in relation to defining words or expressions.

Section 173 (1) is amended by adding the following paragraph:

(

i) defining words or expressions used but not defined in this Act.

Transitional Provision

CLAUSE 4: [Transition – appeal submitted] provides a transitional rule respecting appeals made prior to the date of commencement.

Transition – appeals submitted prior to date of commencement

4 If, prior to the date of commencement, an appeal is made after the period referred to in

section 137 (2) (a) (ii), the appeal is deemed to be received within that period if, on the date of commencement, it is not more than 120 days after the person in respect of whom the determination was made received a notice of determination respecting financial assistance under

section 136.

Commencement

5 This Act comes into force by regulation of the Lieutenant Governor in Council or on the date that is six months after the date of Royal Assent, whichever is earlier.

Explanatory Notes