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Volume 51, No. 10

B.C. Reg. 102/2008

The British Columbia Gazette,

Part II

May 20, 2008

B.C. Reg. 102/2008 , deposited May 16, 2008, pursuant to the EMPLOYMENT AND ASSISTANCE ACT , [Section 35] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT , [Section 26]. Order in Council 312/2008, approved and ordered May 15, 2008.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in sections 1 and 2 of the

schedule to this order, and

(

b) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in sections 3 and 4 of the

Schedule to this order.

— C. RICHMOND, Minister of Employment and Income Assistance; S. BOND, Presiding Member of the Executive Council.

Schedule

Employment and Assistance Regulation

Section 39 (1) (

a) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended by striking out "sections 41 to 47," and substituting "sections 41 to 47.1,".

2 The following

section is added:

Family units ineligible or declared ineligible in relation to convictions or judgments

47.1

(1) In the circumstances described in subsection (2), the minister may provide hardship assistance to a family unit that under

section 15 (5) (a) [consequences for conviction or judgment in relation to Act] of the Act is not eligible for income assistance because it includes only

(

a) persons convicted of an offence under the Criminal Code , this Act or the Employment and Assistance for Persons with Disabilities Act in relation to obtaining money under this Act or the Employment and Assistance for Persons with Disabilities Act by fraud or false or misleading representation,

(

b) persons convicted of an offence under this Act or the Employment and Assistance for Persons with Disabilities Act , or

(

c) persons in respect of whom

(

i) a court has given judgment in favour of the government in an action for debt for obtaining income assistance, hardship assistance or a supplement under this Act or disability assistance, hardship assistance or a supplement under the Employment and Assistance for Persons with Disabilities Act, for which he or she was not eligible, and

(ii) the minister has made a declaration under

section 15 (3) of the Act.

(2) The minister may provide hardship assistance to a family unit described in subsection (1) if the minister considers that otherwise

(

a) the family unit will experience undue hardship, and

(

b) the physical health of a person in the family unit will be in imminent danger.

Employment and Assistance for

Persons with Disabilities Regulation

Section 35 (1) (

a) of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended by striking out "sections 37 to 42," and substituting "sections 37 to 42.1,".

4 The following

section is added:

Family units ineligible or declared ineligible in relation to convictions or judgments

42.1

(1) In the circumstances described in subsection (2), the minister may provide hardship assistance to a family unit that under

section 14 (5) (a) [consequences for conviction or judgment in relation to Act] of the Act is not eligible for disability assistance because it includes only

(

a) persons convicted of an offence under the Criminal Code , this Act or the Employment and Assistance Act in relation to obtaining money under this Act or the Employment and Assistance Act by fraud or false or misleading representation,

(

b) persons convicted of an offence under this Act or the Employment and Assistance Act , or

(

c) persons in respect of whom

(

i) a court has given judgment in favour of the government in an action for debt for obtaining disability assistance, hardship assistance or a supplement under this Act or income assistance, hardship assistance or a supplement under the Employment and Assistance Act, for which he or she was not eligible, and

(ii) the minister has made a declaration under

section 14 (3) of the Act.

(2) The minister may provide hardship assistance to a family unit described in subsection (1) if the minister considers that otherwise

(

a) the family unit will experience undue hardship, and

(

b) the physical health of a person in the family unit will be in imminent danger.

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