Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 55, No. 13

198/2012

The British Columbia Gazette,

Part II

July 3, 2012

B.C. Reg. 198/2012 , deposited July 3, 2012, pursuant to the EMPLOYMENT AND ASSISTANCE ACT [section 35] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26]. Order in Council 523/2012, dated July 3, 2012.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective October 1, 2012,

(

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

Schedule 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

Schedule 2.

— S. CADIEUX, Minister of Social Development ; M. MCNEIL, Presiding Member of the Executive Council .

Schedule 1

Section 4.2 (5) (

c) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is repealed and the following substituted:

(

c) is not described in 7 (2) [citizenship requirements] and is in a family unit that satisfies the requirement under

section 7 (1), or .

Section 7 (2) (

d) is amended by striking out " temporary residence permit " and substituting " temporary resident permit ".

3 The following

section is added:

Exemption from citizenship requirements

7.1

(1) Despite

section 7 (1), a family unit that does not satisfy the requirement under that

section is eligible for income assistance if the minister is satisfied that all of the following apply:

(

a) the applicant is a sole applicant or, in the case of a recipient, the recipient is a sole recipient;

(

b) the applicant or recipient has one or more dependent children who are Canadian citizens;

(

c) the applicant or recipient has separated from an abusive spouse;

(

d) the applicant or recipient has applied for status as a permanent resident under the Immigration and Refugee Protection Act (Canada);

(

e) the applicant or recipient cannot readily leave British Columbia with the dependent children because

(

i) a court order, agreement or other arrangement with respect to one or more of the dependent children provides custody, guardianship or access rights to another person who resides in British Columbia and leaving British Columbia with the dependent children would likely contravene the provisions of the court order, agreement or other arrangement,

(ii) another person who resides in British Columbia is claiming custody, guardianship or access rights with respect to one or more of the dependent children and the person's claims have not yet been resolved, or

(iii) the applicant or recipient, or a dependent child of the applicant or recipient, is being treated for a medical condition and leaving British Columbia would result in imminent danger to the physical health of the applicant, recipient or dependent child.

(2) If a family unit satisfies the requirement under subsection (1), income assistance and supplements may be provided to or for the family unit on account of

(

a) the sole applicant or sole recipient in that family unit, and

(

b) each person in the family unit who is a dependent child.

Section 20 (2) is repealed and the following substituted:

(2) The requirement to assign maintenance rights applies to each person in the family unit who

(

a) is a person described in

section 7 (2) [citizenship requirements] , other than a dependent child referred to in paragraph (

g) of that section, or

(

b) is a person described in

section 7.1 (2) (a) [exemption from citizenship requirements] .

5 The following paragraph is added to

section 40:

(c.1)

section 7.1 [exemption from citizenship requirements] ; .

Schedule 2

Section 4.1 (2) (a) (

i) of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is repealed and the following substituted:

(

i) the social insurance number of each applicant in the family unit who is a person described in

section 6 (2) [citizenship requirements] , and .

Section 4.2 (5) (

b) is repealed and the following substituted:

(

b) is not described in

section 6 (2) [citizenship requirements] and is in a family unit that satisfies the requirement under

section 6 (1), or .

3 The following

section is added:

Exemption from citizenship requirements

6.1

(1) Despite

section 6 (1), a family unit that does not satisfy the requirement under that

section is eligible for disability assistance if the minister is satisfied that all of the following apply:

(

a) the applicant is a sole applicant or, in the case of a recipient, the recipient is a sole recipient;

(

b) the applicant or recipient has one or more dependent children who are Canadian citizens;

(

c) the applicant or recipient has separated from an abusive spouse;

(

d) the applicant or recipient has applied for status as a permanent resident under the Immigration and Refugee Protection Act (Canada);

(

e) the applicant or recipient cannot readily leave British Columbia with the dependent children because

(

i) a court order, agreement or other arrangement with respect to one or more of the dependent children provides custody, guardianship or access rights to another person who resides in British Columbia and leaving British Columbia with the dependent children would likely contravene the provisions of the court order, agreement or other arrangement,

(ii) another person who resides in British Columbia is claiming custody, guardianship or access rights with respect to one or more of the dependent children and the person's claims have not yet been resolved, or

(iii) the applicant or recipient, or a dependent child of the applicant or recipient, is being treated for a medical condition and leaving British Columbia would result in imminent danger to the physical health of the applicant, recipient or dependent child.

(2) If the family unit satisfies the requirement under subsection (1), disability assistance and supplements may be provided to or for the family unit on account of

(

a) the sole applicant or sole recipient in that family unit, and

(

b) each person in the family unit who is a dependent child.

Section 17 (2) is repealed and the following substituted:

(2) The requirement to assign maintenance rights applies to each person in the family unit who

(

a) is a person described in

section 6 (2) [citizenship requirements] , other than a dependent child referred to in paragraph (

g) of that section, or

(

b) is a person described in

section 6.1 (2) (a) [exemption from citizenship requirements] .

5 The following paragraph is added to

section 36:

(c.1)

section 6.1 [exemption from citizenship requirements] ; .

Copyright © 2012: Queen's Printer, Victoria, British Columbia, Canada