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1996 Legislative Session: 1st Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE MOE SIHOTA

MINISTER OF EDUCATION,

SKILLS AND TRAINING

BILL 11 – 1996

BC BENEFITS (YOUTH WORKS) ACT

Contents

Section

Definitions

Employability programs and grants

Referrals to employability programs

Youth allowances and benefits

Consequences of not participating in programs, not accepting employment, etc.

Consequences of not accepting or of disposing of property

Information and verification

Reconsiderations and appeals

Overpayments, repayments and assignments

No garnishment, attachment, execution or seizure

Delegation of minister's powers and duties

Agreements

Offence of supplying false or misleading information

Other provisions relating to offences

Power to make regulations

Forms

Transitional regulations

Commencement

Preamble

WHEREAS British Columbians are committed to preserving a social

safety net that is responsive to changing social and economic

circumstances;

AND

WHEREAS individuals, families, communities, business, labour

and governments share responsibility for economic security;

AND

WHEREAS employable youth have responsibility for striving

to achieve the self-sufficiency and financial independence that

come from employment;

AND

WHEREAS youth may need assistance to overcome barriers

to employment caused by lack of work experience and skills;

AND

WHEREAS training, support and early involvement in the

work force enable youth to gain such experience and skills;

AND

WHEREAS youth works programs should be financially and

administratively accountable, effective, efficient and well coordinated;

THEREFORE HER MAJESTY, by and with the advice and consent of

the Legislative Assembly of the Province of British Columbia,

enacts as follows:

Definitions

1 In this Act:

"benefit" means any type of support, except a youth

allowance, provided under this Act

(

a) to assist youth to participate in an employability program

or to obtain employment, or

(

b) to supplement a youth allowance;

"employability program" means a program to facilitate

entry into the work force, and includes, but is not limited to,

any of the following categories of programs:

(

a) job search;

(

b) training and employability assessment;

(

c) basic education;

(

d) employment readiness;

(

e) self-employment readiness;

(

f) workplace training;

"youth" means a person who is 19 years of age or over

but under 25 years of age;

"youth allowance" means a support and shelter allowance

provided under this Act.

Employability programs and grants

2 The minister may

(

a) establish employability programs, and

(

b) make grants to a person or group of persons who undertake

to provide youth with employability programs.

Referrals to employability programs

(1) Subject to the regulations, the minister may refer

a youth to a specific employability program that, in the minister's

opinion, might assist the youth in

(

a) finding employment, or

(

b) becoming more employable or self-employable.

(2) The minister's authority to refer a youth to a specific employability program includes the authority to alter or refuse a referral.

(3) A decision made under this

section is not open to review

in a court or to appeal under

section 8 (3).

Youth allowances and benefits

(1) Subject to the regulations, the minister may provide

a youth allowance or benefit, or both, to or for a youth and any

dependants

(

a) if the youth is

(

i) participating in an employability program to which the minister

has referred the youth,

(ii) temporarily excused by the minister, for health or other

reasons specified by regulation, from participating in an employability

program, or

(iii) employed or self-employed, and

(

b) if any dependant who is also a youth meets one of the requirements

of paragraph (a).

(2) If a youth, or a dependant who is also a youth, is employed

or self-employed and is referred under

section 3 to an employability

program, the minister may refuse to provide a youth allowance

or benefit unless the employed or self-employed youth participates

in that program.

Consequences of not participating in programs,

not accepting employment, etc.

(1) The minister may take action under subsection (2) if

a youth, or a dependant who is also a youth, has

(

a) failed to demonstrate reasonable efforts to participate in

an employability program to which he or she was referred by the

minister,

(

b) ceased, except for medical reasons, to participate in an

employability program to which he or she was referred by the minister,

(

c) failed to accept suitable employment,

(

d) voluntarily left employment without just cause,

(

e) been dismissed from employment for just cause, or

(

f) ceased, without good reason, to be self-employed.

(2) In the circumstances set out in subsection (1), the minister

may do one or more of the following:

(

a) declare the youth and any dependants ineligible, for a period

set by regulation, for a youth allowance or benefit;

(

b) reduce any youth allowance or benefit provided to or for

the youth or a dependant.

Consequences of not accepting

or of disposing of property

(1) The minister may take action under subsection (2) if,

within one year before the date of application for a youth allowance

or benefit or at any time while a youth allowance or a benefit

is being provided, a youth or a dependant of the youth has done

any of the following:

(

a) failed to accept or pursue income, assets or other means

of support that would, in the minister's opinion, enable the youth

to be completely or partly independent of that allowance or benefit;

(

b) disposed of property for consideration that, in the minister's

opinion, is inadequate;

(

c) disposed of property to reduce assets.

(2) In the circumstances set out in subsection (1), the minister

may do one or more of the following:

(

a) declare the youth and any dependants ineligible, for a period

set by regulation, for a youth allowance or benefit;

(

b) reduce any youth allowance or benefit provided to or for

the youth or a dependant.

(3) For the purposes of subsection (2), the minister may do one

or more of the following:

(

a) in determining the assets of a youth who has, or whose dependant

has, failed to accept or pursue an asset referred to in subsection

(1) (

a) or disposed of property as described in subsection (1)

(

b) or (c), include that asset or property as though it had been

accepted, pursued or retained;

(

b) in determining the income of a youth who has, or whose dependant

has, failed to accept or pursue income or other means of support

referred to in subsection (1) (a), include that income or other

means of support as though it had been accepted or pursued.

Information and verification

(1) For the purpose of determining or auditing eligibility

for youth allowances or benefits or referring youth to employability

programs or auditing their participation in those programs, the

minister may do one or more of the following:

(

a) direct a youth who has applied for a youth allowance or benefit,

or to or for whom a youth allowance or benefit is provided, to

supply the minister with information within the time and in the

manner specified by the minister;

(

b) seek verification of any information supplied by a youth

referred to in paragraph (a);

(

c) direct a youth referred to in paragraph (

a) to supply verification

of any information supplied by that youth.

(2) A youth to or for whom a youth allowance or benefit is provided

must notify the minister, in the manner and within the time specified

by regulation, of any change in circumstances affecting the eligibility,

under this Act, of the youth or a dependant.

(3) If a youth fails to comply with a direction under subsection

(1) (

a) or (

c) or with subsection (2), the minister may do one

or more of the following:

(

a) declare the youth and any dependants ineligible for a youth

allowance or benefit until the youth complies;

(

b) reduce any youth allowance or benefit provided to or for

the youth or a dependant.

Reconsiderations and appeals

(1) A youth may request the minister to reconsider a decision

made under this Act or the regulations about any of the following:

(

a) the refusal to provide a youth allowance or benefit to or

for the youth or a dependant;

(

b) the discontinuance or reduction of a youth allowance or benefit

provided to or for the youth or a dependant;

(

c) the referral of the youth or a dependant to an employability

program or the alteration or refusal of a referral.

(2) The request must be made, and the decision reconsidered,

within the time limits and in accordance with any rules specified

by regulation.

(3) If dissatisfied with the outcome of a request to reconsider

a decision referred to in subsection (1) (

a) or (b), except a

decision about a benefit designated under subsection (5), a youth

may appeal from the decision that was the outcome of the request

to a tribunal appointed under the BC Benefits (Appeals) Act .

(4) The right to appeal given by subsection (3) is subject to

the time limits and other requirements set out in the BC Benefits

(Appeals) Act and the regulations under that Act.

(5) The Lieutenant Governor in Council may designate by regulation

categories of benefits that are not open to appeal.

Overpayments, repayments and assignments

(1) If a youth allowance or benefit is provided to or for

a person who is not entitled to it, that person is liable to repay

to the government the amount of the allowance or the value of

the benefit to which the person was not entitled.

(2) Subject to the regulations, the minister may enter into

an agreement, or may accept any right assigned, for the repayment

of a youth allowance or benefit.

(3) A repayment agreement may be entered into before or after

a youth allowance or benefit is provided.

(4) An amount that a person is liable to repay under subsection

(1) or under an agreement entered into under subsection (2) is

a debt due to the government and may

(

a) be recovered by it in a court of competent jurisdiction,

(

b) be deducted by it from any subsequent youth allowance or

benefit of that person or from an amount payable to that person

by the government under a prescribed enactment.

(5) The minister's decision about the amount a person is liable

to repay under subsection (1) or under an agreement entered into

under subsection (2) is not open to appeal under

section 8 (3).

No garnishment, attachment,

execution or seizure

(1) Youth allowances and benefits are exempt from garnishment,

attachment, execution or seizure under any Act.

(2) Subsection (1) does not prevent a youth allowance or benefit

being retained by way of a deduction or set-off under this Act,

the Financial Administration Act or a prescribed Act.

Delegation of minister's powers and duties

(1) Subject to the regulations, the minister may delegate

to any person or class of persons any or all of the minister's

powers, duties and functions under this Act or the regulations,

except

(

a) the power to enter into an agreement under

section 12 (2),

and

(

b) the power to prescribe forms.

(2) A delegation of the powers, duties or functions of the minister

must be in writing and may include any limits or conditions the

minister considers advisable.

Agreements

(1) Subject to subsection (2), the minister may enter

into an agreement with any person or group of persons.

(2) With the prior approval of the Lieutenant Governor in Council,

the minister may enter into any of the following:

of that government, about financial arrangements or other matters

relating to youth allowances, benefits and employability programs;

(

b) a reciprocal agreement with the government of another province

of Canada, or an agency of that government, relating to youth

allowances, benefits and employability programs;

(

c) an information-sharing agreement with

(ii) the government of a province or other jurisdiction in Canada

or an agency of that province or jurisdiction,

(iii) the government of a state of the United States or an agency

of that state,

(iv) a public body as defined in the Freedom of Information and

Protection of Privacy Act , or

(

v) a legal entity representing an aboriginal community.

(3) In this section, "information-sharing agreement" includes a data-matching or other agreement to exchange personal

or other information necessary for the administration or enforcement

(

a) this Act,

(

b) a prescribed enactment of British Columbia, or

(

c) a prescribed enactment of Canada or of a province or other

jurisdiction of Canada.

Offence of supplying false or misleading information

(1) A person commits an offence who supplies, in an application

under this Act or when directed or required under

section 7 (1)

or (2) or the regulations, information that is false or misleading

with respect to a material fact.

(2) A person does not commit an offence under subsection

(1) if, at the time the information was supplied, the person did not

know that it was false or misleading and, with the exercise of

reasonable diligence, could not have known that it was false or

misleading.

(3) A person who commits an offence under this

section is liable

on conviction to a fine of not more than $2 000 or to imprisonment

for not more than 6 months or to both.

(4) In addition, the court may order a person convicted of an

offence under this

section to pay the government all or part of

any amount that person received under this Act as a result of

committing the offence.

Other provisions relating to offences

(1) Section 5 of the Offence Act does not apply to this

Act or the regulations.

(2) The time limit for laying an information for an offence under

this Act is 12 months after the facts on which the information

is based first came to the minister's attention.

(3) A document purporting to have been issued by the minister,

certifying the date on which the minister became aware of the

facts on which the information is based,

(

a) is admissible without proof of the signature or official

character of the person appearing to have signed the certificate,

and

(

b) is proof of the certified facts unless there is evidence

to the contrary.

Power to make regulations

(1) The Lieutenant Governor in Council may make regulations

referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor

in Council may make regulations as follows:

(

a) excepting from the application of this Act, or any provision

of this Act or the regulations, any group or category of youth

and their dependants;

(

b) respecting applications for youth allowances and benefits,

and the information, authorizations and verifications that must

be provided in support of the application;

(

c) specifying the categories of benefits that may be provided

under this Act, the items composing each category and the amount

or cost for each item;

(

d) governing eligibility for youth allowances, benefits and

employability programs;

(

e) specifying, for the purposes of

section 4, reasons for temporarily

excusing youth or their dependants from participating in employability

programs;

(

f) prescribing rules for determining the income and assets of

persons who apply for youth allowances or benefits and persons

to or for whom they are provided;

(

g) prescribing rules for determining the rate or amount of a

youth allowance or benefit;

(

h) regulating the time and manner of providing youth allowances

and benefits;

(

i) designating the categories of employability programs to which

youth may be referred by the minister and prescribing rules governing

referrals;

(

j) limiting the number of times or the period or periods for

which a youth may participate in an employability program;

(

k) specifying conditions on which youth allowances and benefits

may be provided, and the consequences of failing to comply with

those conditions;

(

l) respecting the duties of persons who administer youth allowances

and benefits received by them for others;

(

m) declaring that specified provisions of any other enactment

apply to a youth to or for whom a youth allowance or benefit is

provided;

(

n) designating categories of persons who, despite their age,

are considered to be youth for the purposes of this Act or of

specified provisions of this Act or the regulations;

(

o) setting the period for which persons may be declared ineligible,

under

section 5 (2) or 6 (2) or under the regulations, for youth

allowances and benefits;

(

p) governing the conditions subject to which and the amounts

by which youth allowances and benefits may be reduced under

section

5 (2), 6 (2) or 7 (3);

(

q) prescribing additional circumstances in which the minister

may declare persons ineligible for youth allowances and benefits

or may reduce youth allowances and benefits;

(

r) respecting the duty to notify the minister under

section

7 (2);

(

s) specifying time limits and other rules for the purposes of

section 8 (2);

(

t) respecting reinstatement of youth allowances and benefits

pending reconsiderations and appeals;

(

u) prescribing, for the purpose of

section 9, the circumstances

in which repayment agreements may be entered into or assignments

accepted, and the terms to be included in those agreements or

assignments;

(

v) prescribing enactments for the purposes of sections 9 (4)

(b), 10 (2) and 12 (3);

information-sharing agreements under

section 12 (2);

(

x) governing investigations and audits to determine eligibility

for youth allowances and benefits or to ensure compliance with

this Act and the regulations;

(

y) respecting the delegation of the powers, duties and functions

of the minister;

(

z) defining any word or expression used in this Act.

(3) In making regulations under this Act, the Lieutenant Governor

in Council may do one or more of the following:

(

a) delegate a matter to a person;

(

b) confer a discretion on a person;

(

c) make different regulations for different groups or categories

of persons.

Forms

16 The minister may do either or both of the following:

(

a) prescribe forms for use under this Act;

(

b) specify forms for use under this Act.

Transitional regulations

17 The Lieutenant Governor in Council may make regulations

considered necessary or advisable to more effectively bring this

Act into operation and to facilitate the transition from the operation

of the Guaranteed Available Income for Need Act to the operation

of this Act.

Commencement

18 This Act comes into force by regulation of the Lieutenant

Governor in Council.

Explanatory Note

This Bill establishes under its own legislation the Youth Works Program which commenced on January 1, 1996.

The Youth Works Program provides people 19 to 24 years of age with support and shelter allowances, benefits and employability programs to assist them in preparing for and entering the world of work. Youth must participate in employability programs to maintain their eligibility for allowances and benefits.

Copyright © 1996: Queen's Printer, Victoria, British Columbia, Canada