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Volume 54, No. 14

B.C. Reg. 144/2011

The British Columbia Gazette,

Part II

July 26, 2011

B.C. Reg. 144/2011 , deposited July 22, 2011, pursuant to the EMPLOYMENT AND ASSISTANCE ACT [section 35] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26]. Order in Council 359/2011, approved and ordered July 22, 2011.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective August 2, 2011,

(

a) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in

Schedule 1, and

(

b) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in

Schedule 2.

— H. BLOY, Minister of Social Development and Minister Responsible for Multiculturalism ; T. LAKE, Presiding Member of the Executive Council .

Schedule 1

Section 3.10 of

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

(

a) by repealing subsection (1) and substituting the following:

(1) In this section:

"off-the-shelf" , in relation to an orthosis, means a prefabricated, mass-produced orthosis that is not unique to a particular person;

"orthosis" means

(

a) a custom-made or off-the-shelf foot orthotic;

(

b) custom-made footwear;

(

c) a permanent modification to footwear;

(

d) off-the-shelf footwear required for the purpose set out in subsection (4.1) (a);

(

e) off-the-shelf orthopaedic footwear;

(

f) an ankle brace;

(

g) an ankle-foot orthosis;

(

h) a knee-ankle-foot orthosis;

(

i) a knee brace;

(

j) a hip brace;

(

k) an upper extremity brace;

(

l) a cranial helmet used for the purposes set out in subsection (7);

(

m) a torso or spine brace; ,

(

b) in subsection 2 (

d) by striking out " for an orthosis other than a custom-made foot orthotic, " and by striking out " pre-fabricated " and substituting " off-the-shelf ",

(

c) by repealing subsection (3) (c),

(

d) in subsection (3) (

e) by striking out " $375 " and substituting " $450 ",

(

e) by adding the following subsections:

(4.1) For an orthosis that is off-the-shelf footwear, in addition to the requirements in subsection (2) of this section,

(

a) the footwear is required to accommodate a custom-made orthosis, and

(

b) the cost of the footwear must not exceed $125.

(4.2) For an orthosis that is off-the-shelf orthopaedic footwear, in addition to the requirements in subsection (2) of this section, the cost of the footwear must not exceed $250. ,

(

f) in subsection (9) by adding the following items to Table 1:

Item

Column 1

Orthosis

Column 2

Limit

off-the-shelf footwear

1 or 1 pair

off-the-shelf orthopaedic footwear

1 or 1 pair

(

g) in Item 1 of Table 2 in subsection (10) by striking out " 4 " and substituting " 3 " in Column 2,

(

h) in subsection (10) by adding the following items to Table 2:

Item

Column 1

Orthosis

Column 2

Time period

off-the-shelf footwear

1 year

off-the-shelf orthopaedic footwear

1 year

, and

(

i) in subsection (11) by repealing paragraph (f).

Schedule 2

Section 3.10 of

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

(

a) by repealing subsection (1) and substituting the following:

(1) In this section:

"off-the-shelf" , in relation to an orthosis, means a prefabricated, mass-produced orthosis that is not unique to a particular person;

"orthosis" means

(

a) a custom-made or off-the-shelf foot orthotic;

(

b) custom-made footwear;

(

c) a permanent modification to footwear;

(

d) off-the-shelf footwear required for the purpose set out in subsection (4.1) (a);

(

e) off-the-shelf orthopaedic footwear;

(

f) an ankle brace;

(

g) an ankle-foot orthosis;

(

h) a knee-ankle-foot orthosis;

(

i) a knee brace;

(

j) a hip brace;

(

k) an upper extremity brace;

(

l) a cranial helmet used for the purposes set out in subsection (7);

(

m) a torso or spine brace; ,

(

b) in subsection (2) (

d) by striking out " for an orthosis other than a custom-made foot orthotic, " and by striking out " pre-fabricated " and substituting " off-the-shelf ",

(

c) by repealing subsection (3) (c),

(

d) in subsection (3) (

e) by striking out " $375 " and substituting " $450 ",

(

e) by adding the following subsections:

(4.1) For an orthosis that is off-the-shelf footwear, in addition to the requirements in subsection (2) of this section,

(

a) the footwear is required to accommodate a custom-made orthosis, and

(

b) the cost of the footwear must not exceed $125.

(4.2) For an orthosis that is off-the-shelf orthopaedic footwear, in addition to the requirements in subsection (2) of this section, the cost of the footwear must not exceed $250. ,

(

f) in subsection (9) by adding the following items to Table 1:

Item

Column 1

Orthosis

Column 2

Limit

off-the-shelf footwear

1 or 1 pair

off-the-shelf orthopaedic footwear

1 or 1 pair

(

g) in Item 1 of Table 2 in subsection (10) by striking out " 4 " and substituting " 3 " in Column 2,

(

h) in subsection (10) by adding the following items to Table 2:

Item

Column 1

Orthosis

Column 2

Time period

off-the-shelf footwear

1 year

off-the-shelf orthopaedic footwear

1 year

, and

(

i) in subsection (11) by repealing paragraph (f).

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