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Volume 46, No. 25

B.C. Reg. 462/2003

The British Columbia Gazette,

Part II

December 16, 2003

B.C. Reg. 462/2003, deposited December 12, 2003, pursuant to the EMPLOYMENT AND ASSISTANCE ACT [Section 35] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [Section 26]. Order in Council 1231/2003, approved and ordered December 11, 2003.

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 the attached

Schedule A, 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 B. — M. R. COELL, Minister of Human Resources ; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule A

Section 11 of the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended

(

a) by repealing subsection (1) (

x) and substituting the following:

(

x) for a recipient who is participating in a self-employment program funded or established by the minister under

section 7 of the Act,

(

i) up to a maximum of $5 000 kept by the recipient in a separate account described in

section 4 (2) (b) (ii) of

Schedule B, and

(ii) up to a maximum of $50 000, or a greater amount approved by the minister, consisting of

(

A) the value of assets used by the recipient in operating a small business under the self-employment program, and

(

B) a loan that is not greater than the amount contemplated by the recipient's business plan, accepted by the minister under

section 77.2 of this regulation, and received and used for the purposes set out in the business plan; , and

(

b) by adding the following subsection:

(1.1) Despite subsection (1), assets described in subsection (1) (x) (ii) (

A) are not exempt under subsection (1) (i), (j), (k), (

l) or (m).

Part 5 is amended by adding the following Division:

Division 6 — Supplements — Eligibility for Employment-related Programs

Eligibility for self-employment program

77.1 To be eligible to participate in a self-employment program established or funded by the minister under

section 7 of the Act, a recipient must qualify under

section 2 of this regulation as a person with persistent multiple barriers to employment.

Business plan

77.2

(1) The minister may require a recipient who is

(

a) applying to participate in a self-employment program, or

(

b) participating in a self-employment program

to provide, for the acceptance of the minister and within the time specified by the minister, a business plan for the small business the recipient is operating or proposes to operate under the self-employment program.

(2) If a recipient provides a business plan under subsection (1) that is not acceptable to the minister, the minister may return the business plan to the recipient with directions and the recipient may resubmit the business plan within the time specified by the minister for that purpose.

(3) If

(

a) a recipient fails to provide a business plan in the time specified under subsection (1) or (2), as applicable, or

(

b) a recipient provides a business plan that is not acceptable to the minister,

the recipient is not or ceases to be eligible to participate in the self-employment program.

Monthly report

77.3 If a recipient who is participating in a self-employment program is operating a small business under the program, the recipient must, in addition to the report required under

section 33, provide a monthly report to the minister in the form and at the time specified by the minister, setting out, for the period covered by the report, as required by the form, the business activities, earnings, expenses, assets and liabilities of the small business the recipient is operating.

Schedule B is amended

(

a) in

section 1 (

a) by adding the following subparagraph:

(xxv) a loan that is

(

A) not greater than the amount contemplated by the recipient's business plan, accepted by the minister under

section 77.2 of this regulation, and

(

B) received and used for the purposes set out in the business plan. ,

(

b) in

section 4 (1) by repealing paragraph (

f) and substituting the following:

(

f) charges imposed by a savings institution on an account and interest;

(f.1) payments, including principal and interest, on a loan that is

(

i) not greater than the amount contemplated by the recipient's business plan, accepted by the minister under

section 77.2 of this regulation, and

(ii) received and used for the purposes set out in the business plan; ,

(

c) in

section 4 (2) (b) (

i) by striking out everything between "small business" and ", or" , and

(

d) in

section 4 (2) (b) (iii) by striking out everything after "in total" and substituting "or a greater amount accepted by the minister, if the renovations are part of a business plan accepted by the minister under

section 77.2 of this regulation."

Transition

(1) Despite Division 6 of

Part 5 of this regulation, in relation to a recipient who is participating in a self-employment program on the date this order in council comes into force, this regulation, as it read immediately before its amendment by this order in council, applies until the 12 month period referred to in

section 4 (2) (b) (

i) of

Schedule B, as it read immediately before its amendment by this order in council, expires in relation to the recipient.

Schedule B

Section 10 of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended

(

a) in subsection (1) by repealing paragraph (

x) and substituting the following:

(

x) for a recipient who is participating in a self-employment program funded or established by the minister under

section 8 of the Act,

(

i) up to a maximum of $5 000 kept by the recipient in a separate account described in

section 4 (2) (b) (ii) of

Schedule B, and

(ii) up to a maximum of $50 000, or a greater amount approved by the minister, consisting of

(

A) the value of assets used by the recipient in operating a small business under the self-employment program, and

(

B) a loan that is not greater than the amount contemplated by the recipient's business plan, accepted under

section 70.1 of this regulation, and received and used for the purposes set out in the business plan; , and

(

b) by adding the following subsection:

(1.1) Despite subsection (1), assets described in subsection (1) (x) (ii) (

A) are not exempt under subsection (1) (i), (j), (k), (

l) or (m).

Part 5 is amended by adding the following Division:

Division 5 — Supplements — Eligibility for Employment-related Programs

Business plan

70.1

(1) The minister may require a recipient who is

(

a) applying to participate in a self-employment program, or

(

b) participating in a self-employment program

to provide, for the acceptance of the minister and within the time specified by the minister, a business plan for the small business the recipient is operating or proposes to operate under the self-employment program.

(2) If a recipient provides a business plan under subsection (1) that is not acceptable to the minister, the minister may return the business plan to the recipient with directions and the recipient may resubmit the business plan within the time specified by the minister for that purpose.

(3) If

(

a) a recipient fails to provide a business plan in the time specified under subsection (1) or (2), as applicable, or

(

b) a recipient provides a business plan that is not acceptable to the minister,

the recipient is not or ceases to be eligible to participate in the self-employment program.

Monthly report

70.2 If a recipient who is participating in a self-employment program is operating a small business under the program, the recipient must, in addition to any report required under

section 29, provide a monthly report to the minister in the form and at the time specified by the minister, setting out, for the period covered by the report, as required by the form, the business activities, earnings, expenses, assets and liabilities of the small business the recipient is operating.

Schedule B is amended

(

a) in

section 1 (

a) by adding the following subparagraph:

(xxvi) a loan that is

(

A) not greater than the amount contemplated by the recipient's business plan, accepted by the minister under

section 70.1 of this regulation, and

(

B) received and used for the purposes set out in the business plan. ,

(

b) in

section 4 (1) by repealing paragraph (

f) and substituting the following:

(

f) charges imposed by a savings institution on an account and interest;

(f.1) payments, including principal and interest, on a loan that is

(

i) not greater than the amount contemplated by the recipient's business plan, accepted by the minister under

section 70.1 of this regulation, and

(ii) received and used for the purposes set out in the business plan; ,

(

c) in

section 4 (2) (b) (

i) by striking out everything between "small business" and ", or", and

(

d) in

section 4 (2) (b) (iii) by striking out everything after "in total" and substituting "or a greater amount approved by the minister, if the renovations are part of a business plan accepted by the minister under

section 70.1 of this regulation."

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