British Columbia Bill 14 (Government) — 1st Parliament, 39th Session — Previous Version 1

1-39 Gov Bill 14-1

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c) Queen's Printer,

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2009 Legislative Session: 1st Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE RICH COLEMAN

MINISTER OF HOUSING AND SOCIAL DEVELOPMENT

BILL 14 – 2009

HOUSING AND SOCIAL DEVELOPMENT

STATUTES AMENDMENT ACT, 2009

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Employment and Assistance Act

SECTION 1: [Employment and Assistance Act,

section 15.2] adds a provision

requiring that no income assistance, hardship assistance or supplement be paid to a family unit on account of a person who is the subject of an unexecuted arrest warrant under the Immigration and Refugee Protection Act (Canada) or another enactment of Canada,

stipulating that the property and assets of such a person be considered in determining the family unit's eligibility for income assistance, and

authorizing the minister, subject to the regulations, to provide income assistance, hardship assistance or a supplement to the family unit, or to provide a supplement to the person or the family unit for the purpose of returning to the jurisdiction that issued the warrant.

1 The Employment and Assistance Act, S.B.C. 2002, c. 40, is amended by adding the following section:

Consequences in relation to outstanding arrest warrants

15.2

(1) No income assistance, hardship assistance or supplement may be paid to or for a family unit on account of an applicant or recipient for whom a warrant for arrest has been issued under

(

a) the Immigration and Refugee Protection Act (Canada), or

(

b) any other enactment of Canada in relation to an indictable offence, and

on whom the warrant has not been executed.

(2) Despite

section 5 and subsection (1) of this section, and subject to the regulations, the minister may provide

(

a) income assistance, hardship assistance or a supplement to or for the family unit on account of the person who is subject to the warrant, or

(

b) a supplement to

(

i) the person who is the subject of the warrant, for the purpose of the person returning to the jurisdiction that issued the warrant, or

(ii) the family unit, for the purpose of the family unit returning to the jurisdiction that issued the warrant.

(3) If a family unit includes a person described in subsection (1), the person's income and assets must be included in the income and assets of the family unit for the purposes of determining whether the family unit is eligible for income assistance, hardship assistance or a supplement, except as otherwise provided in the regulations.

(4) In this section, "indictable offence" includes an offence that is deemed under

section 34 (1) of the

Interpretation Act (Canada) to be an indictable offence.

Employment and Assistance for Persons with Disabilities Act

SECTION 2: [Employment and Assistance for Persons with Disabilities Act,

section 14.2]

adds a provision

requiring that no disability assistance, hardship assistance or supplement be paid to a family unit on account of a person who is the subject of an unexecuted arrest warrant under the Immigration and Refugee Protection Act (Canada) or another enactment of Canada,

stipulating that the property and assets of such a person be considered in determining the family unit's eligibility for disability assistance, and

authorizing the minister, subject to the regulations, to provide disability assistance, hardship assistance or a supplement to the family unit, or to provide a supplement to the person or the family unit for the purpose of returning to the jurisdiction that issued the warrant.

2 The Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41, is amended by adding the following section:

Consequences in relation to outstanding arrest warrants

14.2

(1) No disability assistance, hardship assistance or supplement may be paid to or for a family unit on account of an applicant or recipient for whom a warrant for arrest has been issued under

(

a) the Immigration and Refugee Protection Act (Canada), or

(

b) any other enactment of Canada in relation to an indictable offence, and

on whom the warrant has not been executed.

(2) Despite

section 6 and subsection (1) of this section, and subject to the regulations, the minister may provide

(

a) disability assistance, hardship assistance or a supplement to or for the family unit on account of the person who is subject to the warrant, or

(

b) a supplement to

(

i) the person who is the subject of the warrant, for the purpose of the person returning to the jurisdiction that issued the warrant, or

(ii) the family unit, for the purpose of the family unit returning to the jurisdiction that issued the warrant.

(3) If a family unit includes a person described in subsection (1), the person's income and assets must be included in the income and assets of the family unit for the purposes of determining whether the family unit is eligible for disability assistance, hardship assistance or a supplement, except as otherwise provided in the regulations.

(4) In this section, "indictable offence" includes an offence that is deemed under

section 34 (1) of the

Interpretation Act (Canada) to be an indictable offence.

Commencement

3 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes