British Columbia Gazette Part II — B.C. Reg. 122/2019
B.C. Reg. 122/2019
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Volume 62, No. 12
122/2019
The British Columbia Gazette,
Part II
June 18, 2019
B.C. Reg. 122/2019 , deposited June 14, 2019, under the EMPLOYMENT AND ASSISTANCE ACT [section 35] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26]. Order in Council 298/2019, approved and ordered June 14, 2019.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2019,
(
a) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in Appendix 1, and
(
b) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in Appendix 2.
— S. SIMPSON, Minister of Social Development and Poverty Reduction ; D. DONALDSON, 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 repealing the definition of "transient" .
Section 2 is repealed and the following substituted:
Persons who have persistent multiple barriers to employment
(1) In this section, "health professional" means a person who is
(
a) authorized under an enactment to practise the profession of
(
i) chiropractor,
(ii) medical practitioner,
(iii) nurse practitioner,
(iv) occupational therapist,
(
v) physical therapist,
(vi) registered nurse or registered psychiatric nurse,
(vii) registered psychologist, or
(viii) registered social worker,
(
b) a registered clinical counsellor in good standing with the BC Association of Clinical Counsellors, or
(
c) acting in the course of the person's employment as a school psychologist by
(
i) an authority, as that term is defined in
section 1 (1) of the Independent School Act , or
(ii) a board or a francophone education authority, as those terms are defined in
section 1 (1) of the School Act ,
if qualifications in psychology are a condition of such employment.
(2) A person qualifies as a person who has persistent multiple barriers to employment if the person
(
a) is a recipient of income assistance or hardship assistance,
(
b) has a health condition that is confirmed by a health professional and that,
(
i) in the opinion of the health professional,
(
A) has continued for at least one year and is likely to continue for at least 2 more years, or
(
B) has occurred frequently in the past year and is likely to continue for at least 2 more years, and
(ii) in the opinion of the minister, is a barrier that seriously impedes the person's ability to search for, accept or continue in employment, and
(
c) faces one or more additional barriers described in subsection (3).
(3) For the purposes of subsection (2) (c), an additional barrier is any of the following:
(
a) any of the following circumstances if, in the opinion of the minister, the circumstance seriously impedes the person's ability to search for, accept or continue in employment:
(
i) currently experiencing homelessness or having experienced homelessness in the past 12 months;
(ii) currently experiencing domestic violence or having experienced domestic violence in the past 6 months;
(iv) not having basic skills for employment;
(
v) having a criminal record;
(vi) having an education below grade 12;
(vii) having accessed emergency health, mental health or addiction services multiple times in the past 12 months;
(viii) being a Convention refugee as determined under the Immigration and Refugee Protection Act (Canada) or the Immigration Act (Canada), or having been such a refugee in the past 24 months, or being in the process of having a claim for refugee protection, or application for protection, determined or decided under the Immigration and Refugee Protection Act (Canada);
(ix) being a person who was a child in care or received similar care under an enactment of another Canadian jurisdiction;
(
b) a circumstance that the minister considers to be a circumstance that seriously impedes the person's ability to search for, accept or continue in employment.
(4) If a person qualified as a person who has persistent multiple barriers to employment on June 30, 2019, the person qualifies, subject to
section 34, as a person who has persistent multiple barriers to employment.
Section 4.1 is amended
(
a) in subsection (2) (b) (
i) by striking out " for the applicable period under subsection (2.1) immediately following " and substituting " for the 3 weeks immediately following ", and
(
b) by repealing subsection (2.1).
Section 11 is amended
(
a) by repealing subsection (1) (
b) and substituting the following:
(
b) one motor vehicle generally used for day to day transportation needs; ,
(
b) in subsection (2) (
a) by striking out " more than $2 000; " and substituting " more than $5 000; ",
(
c) in subsection (2) (
b) by striking out " more than $4 000; " and substituting " more than $10 000; ", and
(
d) by repealing subsections (2.2) and (2.3).
Section 26 is amended
(
a) in subsection (5) by striking out " A family unit " and substituting " Subject to subsection (6), a family unit ", and
(
b) by adding the following subsection:
(6) Subsection (5) does not apply to assistance in respect of moving costs as defined in
section 57.
Section 49 (1) is repealed and the following substituted:
(1) The minister may provide an annual Christmas supplement to or for a family unit that is eligible for income assistance.
7 Division 2 of
Part 5 is repealed.
Section 57 is amended
(
a) in subsection (1) by repealing the definition of "moving cost" and substituting the following:
"moving cost" means the cost of
(
a) moving a family unit and the family unit's personal effects from one place to another, and
(
b) storing the family unit's personal effects while the family unit is moving if the minister is satisfied that storing the personal effects is necessary to preserve the personal effects; ,
(
b) in subsection (2) by striking out " , other than as a transient under
section 10 of
Schedule A, ",
(
c) by repealing subsection (2) (
c) and substituting the following:
(
c) moving costs required to move anywhere in British Columbia because the family unit is being compelled to vacate the family unit's rented residential accommodation for any reason, including the following:
(
i) the accommodation is being sold;
(ii) the accommodation is being demolished;
(iii) the accommodation has been condemned; ,
(
d) in subsection (2) (
d) by striking out " within a municipality or unincorporated area or to an adjacent municipality or unincorporated area " and substituting " anywhere in British Columbia ",
(
e) in subsection (2) (
e) by striking out " to another area in British Columbia " and substituting " anywhere in British Columbia ",
(
f) in subsection (3) (
b) by striking out " a recipient " and substituting " subject to subsection (3.1), a recipient ",
(
g) by adding the following subsection:
(3.1) A supplement may be provided even if the family unit did not receive the minister's approval before incurring the costs if the minister is satisfied that exceptional circumstances exist. , and
(
h) in subsection (4) by repealing paragraphs (
a) and (
b) and substituting the following:
(
a) in the case of a supplement under subsection (2) (
a) to (e), the least expensive appropriate moving costs, and
(
b) in the case of a supplement under subsection (2) (
f) or (g), the least expensive appropriate transportation costs and the least expensive appropriate living costs.
9 The following
section is added to Division 3 of
Part 5:
Supplement to obtain proof of identity
63.1 The minister may provide a supplement to or for a family unit that is eligible for income assistance or for hardship assistance to cover the cost of obtaining proof of the identity of a person in the family unit that
(
a) is required for the family unit to be eligible for income assistance, or
(
b) in the minister's opinion, is required for a person in the family unit, or the family unit, to access services in British Columbia or for a similar purpose in British Columbia.
Section 66.2 is repealed.
Section 6 of
Schedule A is amended
(
a) in subsection (1) by striking out " or from a relative referred to in subsection (2) ", and
(
b) by repealing subsection (2).
Section 10 of
Schedule A is repealed.
Section 3 (7) of
Schedule B is repealed.
Schedule E is repealed.
Appendix 2
Section 23 of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended
(
a) in subsection (5) by striking out " A family unit " and substituting " Subject to subsection (6), a family unit ", and
(
b) by adding the following subsection:
(6) Subsection (5) does not apply to assistance in respect of moving costs as defined in
section 55.
2 Division 2 of
Part 5 is repealed.
Section 55 is amended
(
a) in subsection (1) by repealing the definition of "moving cost" and substituting the following:
"moving cost" means the cost of
(
a) moving a family unit and the family unit's personal effects from one place to another, and
(
b) storing the family unit's personal effects while the family unit is moving if the minister is satisfied that storing the personal effects is necessary to preserve the personal effects; ,
(
b) by repealing subsection (2) (
c) and substituting the following:
(
c) moving costs required to move anywhere in British Columbia because the family unit is being compelled to vacate the family unit's rented residential accommodation for any reason, including the following:
(
i) the accommodation is being sold;
(ii) the accommodation is being demolished;
(iii) the accommodation has been condemned; ,
(
c) in subsection (2) (
d) by striking out " within a municipality or unincorporated area or to an adjacent municipality or unincorporated area " and substituting " anywhere in British Columbia ",
(
d) in subsection (2) (
e) by striking out " to another area in British Columbia " and substituting " anywhere in British Columbia ",
(
e) in subsection (3) (
b) by striking out " a recipient " and substituting " subject to subsection (3.1), a recipient ",
(
f) by adding the following subsection:
(3.1) A supplement may be provided even if the family unit did not receive the minister's approval before incurring the costs if the minister is satisfied that exceptional circumstances exist. , and
(
g) in subsection (4) by repealing paragraphs (
a) and (
b) and substituting the following:
(
a) in the case of a supplement under subsection (2) (
a) to (e), the least expensive appropriate moving costs, and
(
b) in the case of a supplement under subsection (2) (
f) or (g), the least expensive appropriate transportation costs and the least expensive appropriate living costs.
4 The following
section is added to Division 3 of
Part 5:
Supplement to obtain proof of identity
60.11 The minister may provide a supplement to or for a family unit that is eligible for disability assistance or for hardship assistance to cover the cost of obtaining proof of the identity of a person in the family unit that
(
a) is required for the family unit to be eligible for disability assistance, or
(
b) in the minister's opinion, is required for a person in the family unit, or the family unit, to access services in British Columbia or for a similar purpose in British Columbia.
Section 6 of
Schedule A is amended
(
a) in subsection (1) by striking out " or from a relative referred to in subsection (2) ", and
(
b) by repealing subsection (2).
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