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Volume 66, No. 6

99/2023

The British Columbia Gazette,

Part II

April 11, 2023

B.C. Reg. 99/2023 , deposited April 6, 2023, under the EMPLOYMENT AND ASSISTANCE ACT [section 35] and EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26]. Order in Council 218/2023, approved and ordered April 6, 2023.

On the recommendation of the undersigned, the Administrator, 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 the attached Appendix 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 Appendix 2.

— S. MALCOLMSON, Minister of Social Development and Poverty Reduction ; M. DEAN, Presiding Member of the Executive Council .

Appendix 1

Section 1 (1) of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended by adding the following

definitions:

"government corporation" has the same meaning as in the Financial Administration Act ;

"Indigenous financial settlement" means an order of a court, an award or order of a tribunal or arbitrator, or a settlement agreement, if the order, award or settlement agreement satisfies both of the following conditions:

(

a) the order, award or settlement agreement relates to one or more of the following:

(

i) Indigenous identity;

(ii) a right recognized and affirmed by

section 35 of the Constitution Act, 1982 ;

(iii) an obligation of a relevant government entity in relation to

section 91 (24) of the Constitution Act, 1867 ;

(iv) one or more of the grounds for a claim that are set out in

section 14 of the Specific Claims Tribunal Act (Canada);

(

b) the terms of the order, award or settlement agreement require a relevant government entity to pay money to an Indigenous governing body or to an individual who is a member of a class of persons on whose behalf the order, award or agreement is made;

"Indigenous governing body" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

"relevant government entity" means one of the following:

(

a) the government;

(

b) a government corporation;

(

d) the government of a province;

(

e) a corporation that is

(

i) established by or incorporated under

an Act of Canada or a province, and

(ii) equivalent to a government corporation; .

Section 11 is amended

(

a) by repealing subsection (1) (v), (v.1), (ccc), (ddd), (jjj), (kkk), (lll) and (mmm),

(

b) in subsection (1) by adding the following paragraph:

(ooo) money that is paid or payable under or from an Indigenous financial settlement. , and

(

c) by adding the following subsection:

(5) If money is paid under or from an Indigenous financial settlement to an Indigenous governing body, the exemption under subsection (1) (ooo) includes investment income earned on that money by the Indigenous governing body before it is distributed to a person.

Schedule B is amended in

section 1

(

a) by repealing paragraph (a) (xvii), (xvii.1), (liv), (lv), (lx), (lxi), (lxii) and (lxiii),

(

b) in paragraph (

a) by adding the following subparagraph:

(lxv) money that is paid under or from an Indigenous financial settlement. , and

(

c) by adding the following paragraph:

(b.1) if money is paid under or from an Indigenous financial settlement to an Indigenous governing body, the exemption under paragraph (a) (lxv) includes investment income earned on that money by the Indigenous governing body before it is distributed to a person, .

Schedule D is amended

(

a) by repealing

section 6 (o), (o.1), (bbb), (ccc), (hhh), (iii), (jjj) and (kkk),

(

b) in

section 6 by adding the following paragraph:

(mmm) money that is paid or payable under or from an Indigenous financial settlement. , and

(

c) by adding the following section:

6.1 If money is paid under or from an Indigenous financial settlement to an Indigenous governing body, the exemption under

section 6 (mmm) includes investment income earned on that money by the Indigenous governing body before it is distributed to a person.

Appendix 2

Section 1 (1) of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended by adding the following

definitions:

"government corporation" has the same meaning as in the Financial Administration Act ;

"Indigenous financial settlement" means an order of a court, an award or order of a tribunal or arbitrator, or a settlement agreement, if the order, award or settlement agreement satisfies both of the following conditions:

(

a) the order, award or settlement agreement relates to one or more of the following:

(

i) Indigenous identity;

(ii) a right recognized and affirmed by

section 35 of the Constitution Act, 1982 ;

(iii) an obligation of a relevant government entity in relation to

section 91 (24) of the Constitution Act, 1867 ;

(iv) one or more of the grounds for a claim that are set out in

section 14 of the Specific Claims Tribunal Act (Canada);

(

b) the terms of the order, award or settlement agreement require a relevant government entity to pay money to an Indigenous governing body or to an individual who is a member of a class of persons on whose behalf the order, award or agreement is made;

"Indigenous governing body" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act ;

"relevant government entity" means one of the following:

(

a) the government;

(

b) a government corporation;

(

d) the government of a province;

(

e) a corporation that is

(

i) established by or incorporated under

an Act of Canada or a province, and

(ii) equivalent to a government corporation; .

Section 10 is amended

(

a) by repealing subsection (1) (v), (v.1), (ccc), (ddd), (iii), (jjj), (kkk) and (lll),

(

b) in subsection (1) by adding the following paragraph:

(nnn) money that is paid or payable under or from an Indigenous financial settlement. , and

(

c) by adding the following subsection:

(4) If money is paid under or from an Indigenous financial settlement to an Indigenous governing body, the exemption under subsection (1) (nnn) includes investment income earned on that money by the Indigenous governing body before it is distributed to a person.

Schedule B is amended in

section 1

(

a) by repealing paragraph (a) (xvii), (xvii.1), (lviii), (lviv), (lxiv), (lxv), (lxvi) and (lxvii),

(

b) in paragraph (

a) by adding the following subparagraph:

(lxviv) money that is paid under or from an Indigenous financial settlement. , and

(

c) by adding the following paragraph:

(b.1) if money is paid under or from an Indigenous financial settlement to an Indigenous governing body, the exemption under paragraph (a) (lxviv) includes investment income earned on that money by the Indigenous governing body before it is distributed to a person, .

Schedule D is amended

(

a) by repealing

section 6 (o), (o.1), (fff), (ggg), (lll), (mmm), (nnn) and (ooo),

(

b) in

section 6 by adding the following paragraph:

(qqq) money that is paid or payable under or from an Indigenous financial settlement. , and

(

c) by adding the following section:

6.1 If money is paid under or from an Indigenous financial settlement to an Indigenous governing body, the exemption under

section 6 (qqq) includes investment income earned on that money by the Indigenous governing body before it is distributed to a person.

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