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Volume 53, No. 5

B.C. Reg. 73/2010

The British Columbia Gazette,

Part II

March 23, 2010

B.C. Reg. 73/2010 , deposited March 11, 2010, pursuant to the EMPLOYMENT AND ASSISTANCE ACT [Section 35 (2)], the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [Section 26 (2)], and the HOUSING AND SOCIAL DEVELOPMENT STATUTES AMENDMENT ACT, 2009 [Section 3]. Order in Council 150/2010, approved and ordered March 11, 2010.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective June 1, 2010,

(

a) sections 1 and 2 of the Housing and Social Development Statutes Amendment Act, 2009 , S.B.C. 2009, c. 33, are brought into force, and

(

b) the Employment and Assistance Regulation, B.C. 263/2002, and the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, are amended as set out in the attached Schedule.

— R. COLEMAN, Minister of Housing and Social Development ; C. HANSEN, Presiding Member of the Executive Council .

Schedule

EMPLOYMENT AND ASSISTANCE REGULATION

1 The Employment and Assistance Regulation, B.C. 263/2002, is amended by adding the following to

Part 3:

Division 5 – Outstanding Arrest Warrants

Consequences in relation to outstanding arrest warrants

38.1

Section 15.2 [consequences in relation to outstanding arrest warrants] of the Act does not apply to a family unit of an applicant or recipient for whom a warrant for arrest within the meaning of

section 15.2 of the Act has been issued and who

(

a) is pregnant,

(

b) is in the end stage of a terminal illness, or

(

c) is under 18 years of age.

Section 48.1 (2) is amended by adding " , nurse practitioner " after " a medical practitioner ".

3 The following is added to

Part 5:

Division 7 – Consequences in Relation to

Outstanding Arrest Warrants

Supplement to prevent undue hardship while

dealing with outstanding arrest warrant

77.4

(1) The minister May provide a supplement to or for a family unit of an applicant or recipient for whom a warrant for arrest within the meaning of

section 15.2 [consequences in relation to outstanding arrest warrants] of the Act has been issued for the purposes of

section 15.2 (2) (

a) of the Act, if the minister considers that undue hardship will otherwise occur.

(2) A supplement under this

section May be provided only for the calendar month in which the supplement is requested.

(3) A supplement under this

section May be provided for only three consecutive calendar months unless the minister authorizes up to three more monthly payments.

(4) Despite any other

section of this regulation, the maximum amount of a supplement provided under subsection (1) is the difference between

(

a) the maximum amount of income assistance determined under

Schedule A for the calendar month for a family unit that matches the family unit in size but does not include a person for whom a warrant for arrest within the meaning of

section 15.2 of the Act has been issued, and

(

b) the amount of income assistance provided for the calendar month to the family unit.

(5) A recipient of a supplement must agree in writing to repay the amount paid under this section.

Transportation supplement

77.5

(1) In this section, "living cost" means the cost of accommodation and meals required for a person or family unit to return to the jurisdiction that issued the warrant.

(2) The minister May provide a supplement to

(

a) an applicant or recipient for whom a warrant for arrest within the meaning of

section 15.2 [consequences in relation to outstanding arrest warrants] of the Act has been issued for the purposes of

section 15.2 (2) (b) (

i) of the Act, or

(

b) the family unit of an applicant or recipient for whom a warrant for arrest within the meaning of

section 15.2 of the Act has been issued for the purposes of

section 15.2 (2) (b) (ii) of the Act,

(

c) there are no resources available to the family unit to cover the cost of returning to the jurisdiction that issued the warrant, and

(

d) the minister is satisfied that the supplement will be used by the person or family unit to return to the jurisdiction that issued the warrant to deal with the warrant.

(3) Despite any other

section of this regulation, a supplement provided under subsection (2) is limited to an amount not to exceed the cost of

(

a) the least expensive appropriate mode of transportation, and

(

b) the least expensive appropriate living cost

to return the person or family unit to the jurisdiction that issued the warrant.

(4) A recipient of a supplement must agree in writing to repay the amount paid under this section.

Section 81 (1) is amended by adding the following:

(

f) supplements under

section 77.4;

(

g) supplements under

section 77.5.

Section 2 of

Schedule A is amended

(

a) by adding the following:

(0.1) For the purposes of this section, "warrant" has the meaning of a warrant in

section 15.2 [consequences in relation to outstanding arrest warrants] of the Act. , and

(

b) by adding the following items to the Table in subsection (1) as indicated:

Item

Column 1

Family unit composition

Column 2

Age or status of applicant or recipient

Column 3

Amount of support

Sole applicant/recipient and one or more dependent children

Applicant/recipient is under 65 years of age and a warrant has been issued for the applicant/recipient

$275.58

Sole applicant/recipient and one or more dependent children

Applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment, and a warrant has been issued for the applicant/recipient

$323.58

Sole applicant/recipient and one or more dependent children

Applicant/recipient is 65 or more years of age and a warrant has been issued for the applicant/recipient

$572.08

Two applicants/recipients and no dependent children

Both applicants/recipients are under 65 years of age and a warrant has been issued for one

$235.00

Two applicants/recipients and no dependent children

One applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment, and a warrant has been issued for that applicant/recipient, and the other is under 65 years of age

$235.00

Two applicants/recipients and no dependent children

One applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment, and the other is under 65 years of age and a warrant has been issued for that applicant/recipient.

$282.92

Two applicants/recipients and no dependent children

One applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment and a warrant has been issued for the applicant/recipient, and the other is 65 years of age or older

$531.42

Two applicants/recipients and no dependent children

One applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment, and the other is 65 years of age or older and a warrant has been issued for that applicant/recipient

$282.92

Two applicants/recipients and no dependent children

One applicant/recipient is under 65 years of age and a warrant has been issued for that applicant/recipient, and the other is 65 years of age or older

$531.42

Two applicants/recipients and no dependent children

One applicant/recipient is under 65 years of age, and the other is 65 years of age or older and a warrant has been issued for that applicant/recipient

$235.00

Two applicants/recipients and no dependent children

Both applicants/recipients are 65 years of age or older, and a warrant has been issued for one

$531.42

Two applicants/recipients and no dependent children

Both applicants/recipients are under 65 years of age and both have persistent multiple barriers to employment, and a warrant has been issued for one

$282.92

Two applicants/recipients and one or more dependent children

Both applicants/recipients are under 65 years of age, and a warrant has been issued for one

$301.06

Two applicants/recipients and one or more dependent children

Both applicants/recipients are under 65 years of age, and a warrant has been issued for both

$251.06

Two applicants/recipients and one or more dependent children

One applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment, and the other is under 65 years of age, and a warrant has been issued for one

$390.06

Two applicants/recipients and one or more dependent children

One applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment, and the other is under 65 years of age, and a warrant has been issued for both

$340.06

Two applicants/recipients and one or more dependent children

One applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment, and the other is 65 years of age or older, and a warrant has been issued for one

$694.56

Two applicants/recipients and one or more dependent children

One applicant/recipient is under 65 years of age and is a person who has persistent multiple barriers to employment, and the other is 65 years of age or older, and a warrant has been issued for both

$644.56

Two applicants/recipients and one or more dependent children

One applicant/recipient is under 65 years of age and the other is 65 years of age or older, and a warrant has been issued for one

$694.56

Two applicants/recipients and one or more dependent children

One applicant/recipient is under 65 years of age and the other is 65 years of age or older, and a warrant has been issued for both

$644.56

Two applicants/recipients and one or more dependent children

Both applicants/recipients are 65 years of age or older, and a warrant has been issued for one

$943.06

Two applicants/recipients and one or more dependent children

Both applicants/recipients are 65 years of age or older and a warrant has been issued for both

$893.06

Two applicants/recipients and one or more dependent children

Both applicants/recipients are under 65 years of age and both have persistent multiple barriers to employment, and a warrant has been issued for one

$446.06

Two applicants/recipients and one or more dependent children

Both applicants/recipients are under 65 years of age and both have persistent multiple barriers to employment, and a warrant has been issued for both

$396.06

Section 4 of

Schedule A is amended

(

a) by repealing subsection (1) and substituting the following:

(1) For the purposes of this section:

"family unit" includes a child who is not a dependent child and who resides in the parent's place of residence for not less than 40% of each month, under the terms of an order or an agreement referred to in

section 1 (2) of this regulation;

"warrant" has the meaning of a warrant in

section 15.2 [consequences in relation to outstanding arrest warrants] of the Act. ,

(

b) in subsection (2) by adding " to which

section 15 (2) of the Act does not apply " after " for a family unit ",

(

c) by adding the following:

(2.1) The monthly shelter allowance for a family unit to which

section 15.2 of the Act applies is the smaller of

(

a) the family unit's actual shelter costs, and

(

b) the maximum set out in the following table for the applicable family unit composition:

Item

Column 1

Family Unit Composition

Column 2

Maximum Monthly Shelter

Two applicants/recipients, no dependent children and a warrant has been issued for one

$375

Family with dependent children, family unit size = 2 persons

$570

Family with dependent children, family unit size = 3 persons

$660

Family with dependent children, family unit size = 4 persons

$700

Family with dependent children, family unit size = 5 persons

$750

Family with dependent children, family unit size = 6 persons

$785

Family with dependent children, family unit size = 7 persons

$820

Family with dependent children, family unit size = 8 persons

$855

Family with dependent children, family unit size = 9 persons

$890

Family with dependent children, family unit size = 10 persons

$925

(

d) in subsection (5) by adding " or (2.1) (a) " after " Despite subsection (2) (a) ",

(

e) in subsection (6) by adding " or (2.1) " after " Despite subsection (2) ", and

(

f) in subsection (6) (

b) by adding " , nurse practitioner " after " a medical practitioner ".

EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH

DISABILITIES REGULATION

7 The Employment and Assistance for Persons with Disabilities Regulation, B.C. 265/2002, is amended by adding the following to

Part 3:

Division 5 – Outstanding Arrest Warrants

Consequences in relation to outstanding arrest warrants

34.1

Section 14.2 [consequences in relation to outstanding arrest warrants] of the Act does not apply to a family unit of an applicant or recipient for whom a warrant for arrest within the meaning of

section 14.2 of the Act has been issued and who

(

a) is pregnant,

(

b) is in the end stage of a terminal illness, or

(

c) is under 18 years of age.

Section 43.1 (2) is amended by adding " , nurse practitioner " after " a medical practitioner ".

9 The following is added to

Part 5:

Division 6 – Consequences in Relation to

Outstanding Arrest Warrants

Supplement to prevent undue hardship while

dealing with outstanding arrest warrant

70.3

(1) The minister May provide a supplement to or for a family unit of an applicant or recipient for whom a warrant for arrest within the meaning of

section 14.2 [consequences in relation to outstanding arrest warrants] of the Act has been issued for the purposes of

section 14.2 (2) (

a) of the Act, if the minister considers that undue hardship will otherwise occur.

(2) A supplement under this

section May be provided only for the calendar month in which the supplement is requested.

(3) A supplement under this

section May be provided for only three consecutive calendar months unless the minister authorizes up to three more monthly payments.

(4) Despite any other

section of this regulation, the maximum amount of a supplement provided under subsection (1) is the difference between

(

a) the maximum amount of income assistance determined under

Schedule A for the calendar month for a family unit that matches the family unit in size but does not include a person for whom a warrant for arrest within the meaning of

section 14.2 of the Act has been issued, and

(

b) the amount of income assistance provided for the calendar month to the family unit.

(5) A recipient of a supplement must agree in writing to repay the amount paid under this section.

Transportation supplement

70.4

(1) In this section, "living cost" means the cost of accommodation and meals required for a person or family unit to return to the jurisdiction that issued the warrant.

(2) The minister May provide a supplement to

(

a) an applicant or recipient for whom a warrant for arrest within the meaning of

section 14.2 [consequences in relation to outstanding arrest warrants] of the Act has been issued, for the purposes of

section 14.2 (2) (b) (

i) of the Act, or

(

b) the family unit of an applicant or recipient for whom a warrant of arrest within the meaning of

section 14.2 of the Act has been issued for the purposes of

section 14.2 (2) (b) (ii) of the Act,

(

c) there are no resources available to the family unit to cover the cost of returning to the jurisdiction that issued the warrant, and

(

d) the minister is satisfied that the supplement will be used by the person or family unit to return to the jurisdiction that issued the warrant to deal with the warrant.

(3) Despite any other

section of this regulation, a supplement provided under subsection (2) is limited to an amount not to exceed the cost of

(

a) the least expensive appropriate mode of transportation, and

(

b) the least expensive appropriate living cost

to return the person or family unit to the jurisdiction that issued the warrant.

(4) A recipient of a supplement must agree in writing to repay the amount paid under this section.

Section 73 (1) is amended by adding the following:

(

f) supplements under

section 70.3;

(

g) supplements under

section 70.4.

Section 2 of

Schedule A is amended

(

a) by adding the following:

(0.1) For the purposes of this section, "warrant" has the meaning of warrant in

section 14.2 [consequences in relation to outstanding arrest warrants] of the Act. , and

(

b) by adding the following items to the Table in subsection (1) as indicated:

Item

Column 1

Family unit composition

Column 2

Age or status of applicant or recipient

Column 3

Amount of support

Sole applicant/recipient and one or more dependent children

Applicant/recipient is a person with a disability and a warrant has been issued for the applicant/recipient

$572.08

Two applicants/recipients and no dependent children

One applicant/recipient is a person with a disability, and the other is under 65 years of age, and a warrant has been issued for one

$531.42

Two applicants/recipients and no dependent children

One applicant/recipient is a person with a disability, and the other is 65 years of age or older and a warrant has been issued for that applicant/recipient

$531.42

Two applicants/recipients and no dependent children

One applicant/recipient is a person with a disability and a warrant has been issued for that applicant/recipient, and the other is 65 years of age or older

$531.42

Two applicants/recipients and no dependent children

Both applicants/recipients are persons with a disability and a warrant has been issued for one

$531.42

Two applicants/recipients and one or more dependent children

One applicant/recipient is a person with a disability, and the other is under 65 years of age and a warrant has been issued for that applicant/recipient

$694.56

Two applicants/recipients and one or more dependent children

One applicant/recipient is a person with a disability and a warrant has been issued for that applicant/recipient, and the other is under 65 years of age

$694.56

Two applicants/recipients and one or more dependent children

One applicant/recipient is a person with a disability and the other is under 65 years of age, and a warrant has been issued for both

$644.56

Two applicants/recipients and one or more dependent children

One applicant/recipient is a person with a disability, and the other is 65 years of age or older and a warrant has been issued for that applicant/recipient

$943.06

Two applicants/recipients and one or more dependent children

One applicant/recipient is a person with a disability and a warrant has been issued for that applicant/recipient, and the other is 65 years of age or older

$943.06

Two applicants/recipients and one or more dependent children

One applicant/recipient is a person with a disability and the other is 65 years of age or older, and a warrant has been issued for both

$893.06

Two applicants/recipients and one or more dependent children

Both applicants/recipients are persons with a disability and a warrant has been issued for one

$943.06

Two applicants/recipients and one or more dependent children

Both applicants/recipients are persons with a disability and a warrant has been issued for both

$893.06

Section 4 of

Schedule A is amended

(

a) by repealing subsection (1) and substituting the following:

(1) For the purposes of this section:

"family unit" includes a child who is not a dependent child and who resides in the parent's place of residence for not less than 40% of each month, under the terms of an order or an agreement referred to in

section 1 (2) of this regulation;

"warrant" has the meaning of warrant in

section 14.2 [consequences in relation to outstanding arrest warrants] of the Act. ,

(

b) in subsection (2) by adding " to which

section 14.2 of the Act does not apply " after " for a family unit ",

(

c) by adding the following:

(2.1) The monthly shelter allowance for a family unit to which

section 14.2 of the Act applies is the smaller of

(

a) the family unit's actual shelter costs, and

(

b) the maximum set out in the following table for the applicable family unit composition:

Item

Column 1

Family Unit Composition

Column 2

Maximum Monthly Shelter

Two applicants/recipients and no dependent children and a warrant has been issued for one

$375

Family with dependent children, family unit size = 2 persons

$570

Family with dependent children, family unit size = 3 persons

$660

Family with dependent children, family unit size = 4 persons

$700

Family with dependent children, family unit size = 5 persons

$750

Family with dependent children, family unit size = 6 persons

$785

Family with dependent children, family unit size = 7 persons

$820

Family with dependent children, family unit size = 8 persons

$855

Family with dependent children, family unit size = 9 persons

$890

Family with dependent children, family unit size = 10 persons

$925

(

d) in subsection (5) by adding " or (2.1) (a) " after " Despite subsection (2) (a) ",

(

e) in subsection (6) by adding " or (2.1) " after " Despite subsection (2) ", and

(

f) in subsection (6) (

b) by adding " , nurse practitioner " after " a medical practitioner ".

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