British Columbia Bill 211 (Private Member) — 42nd Parliament, 4th Session — Previous Version 1

42-4 Member Bill 211-1

British Columbia — Bills

4th Session, 42nd Parliament

(2023) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. TODD STONE

BILL M 211 – 2023

EMERGENCY PROGRAM AMENDMENT ACT, 2023

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 Program Act,

section 20] 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;

eligible expenses for disaster financial assistance.

Section 20 of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by adding the following subsections:

(1.1) The Lieutenant Governor in Council may, by regulation, establish the following for the purposes of determining eligibility for disaster financial assistance:

(

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

(

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

(

c) any other criteria under which insurance is deemed to be unavailable.

(1.2) The Lieutenant Governor in Council may, by regulation, establish a maximum amount of disaster financial assistance that may be paid in respect of an eligible expense without proof of incurring the eligible expense.

(1.3) The Lieutenant Governor in Council may, by regulation, establish 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 2: [Emergency Program Act,

section 21]

extends a time limit from 60 days to 120 days;

is consequential to amendments made by this Bill to the Act.

Section 21 (1) is amended

(

a) by striking out " 60 days " and substituting " 120 days ", and

(

b) by striking out "

section 20 (1) " and substituting "

section 20 ".

CLAUSE 3: [Emergency Program Act,

section 22] extends a time limit from 60 days to 120 days.

Section 22 (1) is amended by striking out " 60 days " and substituting " 120 days ".

CLAUSE 4: [Emergency Program Act,

section 24] extends a time limit from 60 days to 120 days.

Section 24 (2) is amended by striking out " 60 days " and substituting " 120 days ".

CLAUSE 5: [Emergency Program Act,

section 28] adds regulation-making authority in relation to defining words or expressions.

Section 28 (2) is amended by adding the following paragraph:

(

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

Transitional Provisions

CLAUSE 6: [Transition – notice of appeal on eligibility for disaster financial assistance] provides a transitional rule respecting the time limit for receipt of notices of appeal.

Transition – notice of appeal on eligibility for disaster financial assistance

6 If, prior to the date of commencement, a written notice of appeal is received by the director outside of the time limited for an appeal under

section 21, the written notice of appeal is deemed to be received within the time limited for an appeal 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 notice that the person was determined not to meet the eligibility criteria set under

section 20.

CLAUSE 7: [Transition – notice of appeal on amounts of disaster financial assistance] provides a transitional rule respecting the time limit for receipt of notices of appeal.

Transition – notice of appeal on amounts of disaster financial assistance

7 If, prior to the date of commencement, a written notice of appeal is received by the director outside of the time limited for an appeal under

section 22, the written notice of appeal is deemed to have been received within the time limited for an appeal if, on the date of commencement, it is not more than 120 days after the person received financial assistance under

section 20.

Consequential Amendments

Compensation and Disaster Financial Assistance Regulation

CLAUSE 8: [Compensation and Disaster Financial Assistance Regulation,

Schedule 1] is consequential to amendments made by this Bill to the Act.

Schedule 1 of the Compensation and Disaster Financial Assistance Regulation, B.C. Reg. 211/2015, is amended by repealing

section 1 (h).

Commencement

9 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, which ever is earlier.

Explanatory Notes