British Columbia Gazette Part II — B.C. Reg. 088/2020
B.C. Reg. 088/2020
British Columbia — Gazette
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Volume 63, No. 8
88/2020
The British Columbia Gazette,
Part II
May 5, 2020
B.C. Reg. 88/2020 , deposited April 27, 2020, under the CHILD CARE SUBSIDY ACT [section 13 (2)]. Order in Council 203/2020, approved and ordered April 27, 2020.
On the recommendation of the undersigned, the Lieutenant Governor, by and with
the advice and consent of the Executive Council, orders that the Child Care Subsidy
Regulation, B.C. Reg. 74/97, is amended as set out in the attached Schedule.
— K. CONROY, Minister of Children and Family Development ; M. FARNWORTH, Presiding Member of the Executive Council .
Schedule
1 The Child Care Subsidy Regulation, B.C. Reg. 74/97, is amended by adding the
following section:
Child care subsidy during COVID-19 emergency
(1) In this section:
"COVID-19 emergency" means the emergency that is the subject of
(
a) the notice provided on March 17, 2020 by the provincial health officer under
section 52 (2) of the Public Health Act , and
(
b) the declaration of a state of emergency made on March 18, 2020, and any extension
of that declaration, under
section 9 of the Emergency Program Act ;
"eligible child" means any of the following:
(
a) a child in respect of whom a child care subsidy is being paid as of the date
this
section comes into force;
(
b) a child in respect of whom a child care subsidy ceased to be paid for the
month of March or April 2020;
(
c) a child in respect of whom a child care subsidy is not paid as of the date
this
section comes into force, if
(
i) an application for the child care subsidy was received by the minister on
or before the date this
section comes into force, and
(ii) at the time the application was received, the requirements set out in sections 3
to 7 were met;
"end of the COVID-19 emergency" means the later of the following:
(
a) the date on which the provincial health officer provides notice under
section 59 (
b) of the Public Health Act that the COVID-19 emergency has passed;
(
b) the date on which the last extension of the declaration of a state of emergency,
referred to in paragraph (
b) of the definition of "COVID-19 emergency", expires or
is cancelled.
(2) Subsection (3) applies if the minister is satisfied that, for a reason related
to the COVID-19 emergency,
(
a) an eligible child is or has been absent, for any period of time, from a child
care setting described in
section 2 (a), (
b) or (b.1), or
(
b) an eligible child's parent or parents, as the case may be, ceased to meet
the requirements set out in
section 3 on or after March 17, 2020.
(3) Despite
section 3, the minister may, in respect of an eligible child, pay
or continue to pay a child care subsidy for child care provided in a child care setting
described in
section 2 (a), (
b) or (b.1) as follows:
(
a) for a child referred to in paragraph (
a) or (
b) of the definition of "eligible
child" in subsection (1) of this section, the minister may pay an amount based on
the number of full days or number of half days, as defined in
section 8 (1), in relation
to child care the child was receiving immediately before a circumstance described
in subsection (2) (
a) or (
b) of this
section arose;
(
b) for a child referred to in paragraph (
c) of the definition of "eligible child"
in subsection (1) of this section, the minister may pay an amount based on the number
of full days or number of half days, as defined in
section 8 (1), in relation to child
care the child would have received but for a circumstance described in subsection (2) (
b) of this section.
(4) Despite
section 15 (5), no child care subsidy will be paid to a child care
provider for child care provided in a child care setting described in
section 2 (a), (
b) or (b.1) for any day on which the child care setting is closed if the minister is
satisfied that the closure is related to the COVID-19 emergency.
(5) This
section ceases to apply as follows:
(
a) if the end of the COVID-19 emergency occurs on or before the 15th day of a
month, at the end of the month;
(
b) if the end of the COVID-19 emergency occurs after the 15th day of a month,
at the end of the following month.
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