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This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
1. In this Act
"director" means the director appointed under section 23;
"income assistance" means
(a) financial assistance;
(b) assistance in kind;
(c) aid in money or in kind to municipalities, boards, commissions, organizations or persons providing aid, care or health services to indigent, sick, elderly or infirm individuals and in reimbursing expenditures made by them;
(d) money for funerals, burials or cremation;
(e) health care services;
(e.1) day care, homemaker and similar services;
(e.2) occupational training, retraining, rehabilitation and other employment related services for mentally or physically handicapped individuals, or individuals having unusual difficulty in obtaining or maintaining employment; or
(f) generally any other form of aid
that is necessary for the purpose of relieving poverty, neglect or suffering;
"social services" means services or organized activities, provided to or on behalf of individuals or families or the communities in which they live, that are necessary for the purpose of facilitating access to the necessities of life, maintaining or improving employability or improving social functioning of individuals and families and, in particular, without limiting the generality of the foregoing, includes
(a) social services having as their object the lessening, removal or prevention of the causes and effects of poverty, child neglect and suffering;
(b) case work, counselling, assessment and referral services;
(c) residential and foster home care services or any form of child care services;
(d) [Repealed 1992-41-1.]
(e) adoption services;
(f) residential services for adults;
(g) [Repealed 1992-41-1.]
(h) services designed to encourage and assist residents of a community to participate or to continue to participate in improving the social conditions of their community;
(i) consulting, research and evaluation services respecting income assistance or social services; and
(j) administrative, secretarial and clerical services, including staff training, and coordination of volunteers, respecting the provision of income assistance or social services.
Historical Note(s): 1976-19-1; 1992-41-1.
1.1 (1) The minister may establish the Income Assistance Advisory Council to make recommendations to the minister about the provision of income assistance and social services.
(2) The council shall consist of not less than 12 and not more than 15 members appointed by the minister for a period specified by the minister.
(3) The minister shall ensure that the various regions of British Columbia are represented among the members of the council and that the members include income assistance recipients and community agency members.
(4) The minister may designate one member of the council as the chair.
(5) The members of the council are entitled to be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred by them in attending council meetings and to be paid a fee in an amount approved by the minister for each day spent on the council's business.
Historical Note(s): 1992-41-2.
2. (1) Subject to this Act and the regulations, the minister may pay, out of money authorized by an Act of the Legislature, money necessary for the administration of income assistance and social service programs and the provision of income assistance and social services in the amounts as in his discretion he considers advisable to assist in whole or in part, individuals, whether adult or minor, or families.
(2) In accordance with the regulations, the minister may delegate to any person such of his powers and duties, to be exercised under his direction, as he considers necessary to administer this Act and the regulations.
Historical Note(s): 1976-19-2.
3. Notwithstanding the Municipal Act, or the Vancouver Charter, or any other Act requiring a municipality to make suitable provision for its destitute and poor, financial assistance may be granted out of money authorized by an Act of the Legislature, to a municipality to defray the costs of income assistance and social services, but it shall be a condition precedent to the granting of aid that the municipality shall provide and maintain income assistance and social services and relative administrative services on a basis consistent with the standards established by the regulations.
Historical Note(s): 1976-19-3.
4. The Lieutenant Governor in Council may enter into or authorize the minister to enter into agreements with Canada, its departments, agencies or ministers respecting matters of cost sharing of income assistance or social service programs, or respecting measures pertaining to family allowances, social insurance or other forms of social legislation in effect in the Province pursuant to an Act of Canada and the regulations made under it, and may enter into reciprocal agreements with the government of another province respecting income assistance or social service programs.
Historical Note(s): 1976-19-4.
5. The minister may authorize the payment of financial assistance to any person undertaking the development of, provision of or research respecting a program of income assistance or social services.
Historical Note(s): 1976-19-5.
6. (1) Except as provided by the regulations, no person shall disclose to another person not legally entitled to it, information, respecting an individual, obtained in the administration of this Act.
(2) Information obtained in the administration of this Act is absolutely privileged, and no person shall be required to give evidence in court in respect of it, except in a prosecution for contravention of this Act or the regulations or with the consent of the individual in respect of whom the information was obtained.
Historical Note(s): 1976-19-6.
7. In the administration of income assistance or social services there shall be no discrimination based on race, colour, creed or political affiliations.
Historical Note(s): 1976-19-7.
8. [The minister may, in accordance with the regulations, adjust the income assistance prescribed for basic needs of food, clothing and shelter by reference to adjustments in the consumer price index for Canada published by Statistics Canada under the Statistics Act (Canada), or any other index approved by the Lieutenant Governor in Council.
Historical Note(s): 1976-19-8 to be proclaimed].
9. For the purpose of providing any type of social service, the minister may
(a) acquire property, except by expropriation, and may dispose of it when no longer required; or
(b) enter into a lease of premises; or
(c) enter into an agreement with any person.
Historical Note(s): 1976-19-9; 1984-25-14.
10. The minister may, in accordance with the regulations, establish a system of incentives, benefits and other programs for the purpose of encouraging recipients of income assistance to work, or to gain work skills, or to participate in training, retraining, rehabilitation or other employment related services.
Historical Note(s): 1976-19-10.
11. (1) In order to encourage individuals receiving income assistance to obtain employment and achieve financial independence, the minister may, in accordance with the regulations, continue to provide and pay for
(a) coverage for a single parent and dependent child provided by the Medical Services Plan under the Medical and Health Care Services Act; and
(b) any other health care services specified in the regulations that are required for the single parent and dependent child
for the period he considers necessary or advisable after the date on which that parent obtains employment.
(2) The minister may extend the benefits provided under subsection (1) to any other individual or class of individuals receiving income assistance.
Historical Note(s): 1976-19-11; 1992-76-47.
12. (1) Where a handicapped individual, by reason of obtaining employment is self supporting, the minister may, in accordance with the regulations, direct that the benefits be suspended during the period of self support and reinstated at current rates, without further medical tests of eligibility, at any time that the individual ceases to be self supporting.
(2) Notwithstanding subsection (1) and any other section of this Act or the regulations, the minister may, in accordance with the regulations and notwithstanding that a handicapped individual, by reason of obtaining employment is self supporting, continue to provide and pay for, on a permanent basis,
(a) coverage for that individual provided by the Medical Services Plan under the Medical and Health Care Services Act; and
(b) any other health care services, specified in the regulations, that are required.
Historical Note(s): 1976-19-12; 1992-76-47.
13. The minister may, in accordance with the regulations, authorize payment of a monthly transportation allowance for a handicapped individual participating in an organized program of rehabilitation or training established for the handicapped.
Historical Note(s): 1976-19-13.
14. The minister may grant financial assistance or contribute other services or facilities to associations, or for the benefit, of handicapped and other disabled individuals, in order to assist them in developing quality, standardization and sales promotion for items prepared, produced or manufactured by the handicapped or disabled members.
Historical Note(s): 1976-19-14.
15. Where a municipal or regional government employs or trains a handicapped individual, the minister may, in accordance with the regulations, share the costs for wages or training.
Historical Note(s): 1976-19-15.
17. Where an individual who applies for or is receiving income assistance or social services has, within 5 years immediately preceding the date of application for or at any time during which he is in receipt of income assistance or social services,
(a) assigned or transferred property for
(i) consideration that, in the opinion of the minister, is inadequate; or,
(ii) the purpose of reducing his assets or those of his spouse; or
(b) refused to accept income or assets that would, in the opinion of the minister, be sufficient to enable him to be wholly or partly independent of income assistance or social services;
the minister may
(c) declare the individual ineligible for income assistance or social services; or
(d) reduce the amount of income assistance or social services, and for this purpose the minister may conclusively deem that
(i) the property assigned or transferred under paragraph (a) is the property of the individual or his spouse; and,
(ii) an amount that might reasonably have been earned as income from the property so assigned or transferred is income available to the individual or his spouse.
Historical Note(s): 1976-19-17.
18. The minister may declare ineligible for income assistance or social services or reduce the amount of income assistance or social services of an individual who
(a) refuses to accept employment that is available and within his ability to perform;
(b) by his misconduct, loses his employment;
(c) terminates his employment for other than medical reasons; or
(d) fails to demonstrate that he is making reasonable efforts to secure employment.
Historical Note(s): 1976-19-18.
19. (1) Every person who is receiving income assistance or social services shall, in accordance with the regulations, forthwith give notice of
(a) any change in circumstances affecting his or his dependants' eligibility; or
(b) income or resources in excess of the amount previously reported.
(2) Every person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding $500 or to imprisonment not exceeding 30 days, or to both, and in addition the minister may declare him ineligible under this Act and the regulations.
Historical Note(s): 1976-19-19; 1985-13-4, effective October 11, 1985 (B.C. Reg. 334/85).
19.1 In this Part
"creditor" means an individual entitled under a maintenance order or a maintenance agreement to receive maintenance for himself or for a dependent child;
"debtor" means an individual required under a maintenance order or a maintenance agreement to pay maintenance;
"director of maintenance enforcement" has the same meaning as "director" in the Family Maintenance Enforcement Act;
"Divorce Act" means the Divorce Act, 1985 (Canada) or an Act repealed by that Act;
"income assistance" means financial assistance as defined in the regulations;
"maintenance" has the same meaning as in the Family Maintenance Enforcement Act;
"maintenance agreement" means a written agreement containing a provision respecting the payment of maintenance;
"maintenance order" has the same meaning as in the Family Maintenance Enforcement Act;
"to bring a proceeding" includes to commence, conduct, continue or discontinue a proceeding.
Historical Note(s): 1988-4-2; 1992-41-3.
19.2 (1) An individual to whom or on behalf of whom income assistance is paid may assign to the Crown the right to do one or more of the following:
(a) to bring a proceeding under an enactment to
(i) obtain a maintenance order entitling the individual to maintenance for herself or himself or a dependent child,
(ii) vary a maintenance order under which the individual is the creditor, or
(iii) enforce a maintenance order under which the individual is the creditor;
(b) to enter into
(i) a maintenance agreement entitling the individual to maintenance for herself or himself or a dependent child, or,
(ii) an agreement varying a maintenance agreement under which the individual is the creditor;
(c) to bring
(i) a proceeding under any enactment or law to enforce a maintenance agreement under which the individual is the creditor, or,
(ii) a proceeding under the Family Relations Act to alter or vary a maintenance agreement under which the individual is the creditor and that is filed under section 74 of that Act or was filed under section 2 of the Unified Family Court Act;
(d) to bring a proceeding under any enactment or law to enforce all or part of arrears of payments owing under a maintenance order or agreement to the individual for herself or himself or a dependent child, even though the arrears accrued before this section comes into force;
(e) to relieve another individual from the payment of all or part of the arrears of payments owing by her or him under a maintenance order or agreement, even though the arrears accrued before this section comes into force;
(f) to defend a proceeding brought against the individual
(i) to vary, rescind or suspend a maintenance order or to reduce or cancel arrears of payments under a maintenance order, even though the arrears accrued before this section comes into force, or,
(ii) to alter, vary or rescind a maintenance agreement that is filed under section 74 of the Family Relations Act or was filed under section 2 of the Unified Family Court Act;
(g) to file with the director of maintenance enforcement a maintenance order under which the individual is the creditor.
(2) Subject to section 5 (1) of the Family Maintenance Enforcement Act, only the Crown may exercise the rights assigned under subsection (1).
(3) An assignment terminates in accordance with the terms of the assignment.
(4) [Repealed 1992-41-4.]
(5) The Crown may bring a proceeding referred to in subsection (1) in the name of the director or in the name of the individual.
(6) [Repealed 1992-41-4.]
Historical Note(s): 1988-4-2; 1992-41-4.
19.3 (1) Where an individual to whom or on behalf of whom income assistance is paid assigns to the minister designated by the Lieutenant Governor in Council a maintenance order made under the Divorce Act, the Crown has, subject to the terms of the assignment, the rights referred to in section 19.2 (1) (a) (ii) and (iii), (d), (e), (f) (i) and (g) in respect of that maintenance order.
(2) Section 19.2 (2), (3) and (5) applies to an assignment of a maintenance order referred to in subsection (1).
(3) and (4) [Repealed 1992-41-5.]
(5) Nothing in this Act prevents an individual from bringing or defending an application for divorce whether or not corollary relief proceedings are brought.
Historical Note(s): 1988-4-2; 1992-41-5.
19.4 (1) The director shall give written notice of an assignment referred to in section 19.2 or 19.3 to the individual against whom the Crown intends to exercise the maintenance rights assigned to it.
(2) An individual to whom notice of assignment is given under subsection (1) shall, on making an application to vary, rescind or suspend a maintenance order or to reduce or cancel arrears of payments under a maintenance order, serve a copy of the application on the director.
(3) The validity of proceedings under this Part is not affected by the inability of the director, after reasonable effort, to give notice to an individual under subsection (1).
(4) Notice under subsection (1) may be given by ordinary mail.
Historical Note(s): 1988-4-2; 1992-41-6.
19.5 The director appointed under section 23 shall notify the director of maintenance enforcement of the termination of an assignment of a maintenance order that has been filed with that director.
Historical Note(s): 1992-41-7.
20. Every person who, by false representation, obtains income assistance or social services to which he is not entitled commits an offence and is liable to a fine not exceeding $2,000 or to imprisonment not exceeding 6 months, or to both, and in addition the court may order him to pay to the Minister of Finance a penalty not exceeding double the amount of the money obtained or the cost of the social services received.
Historical Note(s): 1976-19-20.
20.1 (1) In this section "proceedings" means proceedings as defined in the Offence Act.
(2) No proceedings shall be instituted for an offence under section 19 or 20 more than 18 months after the time when the subject matter of the proceedings arose.
Historical Note(s): 1985-13-5, effective October 11, 1985 (B.C. Reg. 334/85).
21. Notwithstanding this Act or the regulations, where, due to nondisclosure of facts, false representation, error or any other cause, an individual has received income assistance or social services to which he is not entitled, the amount so received or the cost of the social services may be recovered from that individual in court as a debt due to the Crown, or may be deducted from subsequent payments of income assistance.
Historical Note(s): 1976-19-21.
22. The minister may, by order in accordance with the regulations, fix the maximum rate or amount that may be charged to
(a) the Crown;
(b) a municipality;
(c) a regional district; and
(d) any regional or community resources board
by any person for service or accommodation provided to an individual receiving income assistance or social services under this Act or the regulations in respect of
(e) a private hospital;
(f) a personal care home;
(g) an intermediate home;
(h) a foster home;
(i) a day care home or centre;
(j) a community care facility; and
(k) any other institution.
(2) An order of the minister made under subsection (1) may provide that the order shall be deemed to have been in force on or after May 27, 1974 and, in that case, the order is retroactive to the extent necessary to give it full force and effect on and after the date specified in the order.
(3) Every person who demands or obtains a rate or amount that exceeds the maximum rate or amount fixed by an order of the minister made under subsection (1) in respect of an individual receiving income assistance or social services from
(a) that individual; or
(b) any other person on behalf of that individual;
commits an offence and is liable to a fine not exceeding $2,000 or to imprisonment not exceeding 6 months, or to both.
(4) This section is retroactive to the extent necessary to give full force and effect to an order made under this section.
Historical Note(s): 1976-19-22,29(2).
23. (1) The minister may appoint a member of his ministry as director under this Act and the director shall, under the direction of the minister, administer this Act and the regulations.
(2) The minister may appoint the officers and employees required to administer this Act under the Public Service Act or the Community Resource Board Act.
(3) [Repealed 1984-25-15.]
Historical Note(s): 1976-19-23; 1984-25-15.
24. The director
(a) with the approval of the minister, may delegate any of his powers and duties to officers and employees appointed under section 23 or to those municipal or local government authorities or employees or other persons who are responsible for the administration of income assistance or social services under this Act;
(b) shall supervise municipal or local government units or community resources board units that disburse money or provide social services authorized under this Act;
(c) may prescribe procedures and forms to be followed and used for the purpose of the regulations;
(d) may withhold payment of financial assistance payable under this Act if a municipal or local government authority or community resources board fails to comply with this Act or the regulations; and
(e) may provide income assistance and social services to an individual in a local area as defined in the Residence and Responsibility Act where he believes that it is necessary or advisable, and in that case, he may, with the approval of the minister, recover the amount so expended or the cost of social services from the local area under that Act.
Historical Note(s): 1976-19-24.
25. (1) Where an individual is dissatisfied with a decision made under this Act or the regulations respecting the refusal, discontinuance or reduction of income assistance to him or to his dependants, he may appeal the decision to a tribunal to be established and conducted in accordance with the regulations.
(2) The tribunal's decision respecting income assistance, subject only to variation by that tribunal on application made to it by the individual affected, or by the minister, based on evidence not previously considered, is final and binding and is not subject to appeal or review, except on a question of law or excess of jurisdiction.
([3) Where an individual is dissatisfied with a decision made under this Act or the regulations respecting the refusal, discontinuance or reduction of social services to him or to his dependants, he may appeal the decision to a tribunal to be established and conducted in accordance with the regulations.]
([4) The tribunal's decision respecting social services may be reviewed by the minister on application to him by the individual affected, or where he considers it advisable to do so, and he may vary or cancel the decision where, in his opinion, the tribunal did not have sufficient regard for
(a) the purpose and intent of the social service; or
(b) the regulations and administrative procedures established for the administration of the social service.]
(5) The tribunal, in arriving at its decision, shall take into consideration
(a) budgets specifically allocated for income assistance or for social services;
(b) the purpose and intent of this Act and the regulations; and
(c) administrative procedures prescribed for the administration of income assistance or social services.
Historical Note(s): 1976-19-25 [subsections (3) and (4) to be proclaimed]; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
25.1 No action for damages lies or shall be instituted against
(a) the minister, the Minister of Finance and Corporate Relations, the director or a person acting under the authority of any of them, or
(b) a person to whom the director has under section 24 (a) delegated any of his powers or duties;
for anything done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act or the regulations or for any neglect or default in the performance or exercise in good faith of that duty or power.
Historical Note(s): 1988-4-4.
26. (1) The Lieutenant Governor in Council may make regulations.
(2) Without limiting the generality of subsection (1), regulations may be made
(a) limiting the rate or amount or costs of income assistance and social services to be provided, or contributed to, by a municipality;
(b) prescribing classes of income assistance or social services, and the items composing the classes, and the amount or cost for each;
(c) defining individuals or classes of individuals who qualify for classes of income assistance or social services;
(d) prescribing rules for eligibility of individuals or classes of individuals for income assistance or social services;
(e) prescribing rules for determining the rate or amount of income assistance and social services;
(f) determining the value of assets of an individual and determining, in respect of that value, the rate or amount of income assistance or social services, if any, to which the individual or a class of individuals is entitled where he is
(i) 55 years or older; or,
(ii) handicapped,
or a member of any other class;
(g) prescribing procedures and forms to be followed and used for the purpose of this Act;
(h) prescribing the manner of making application for income assistance and social services and the conditions to be complied with in order to be eligible to receive benefits;
(i) defining words and expressions for the purpose of the regulations;
(j) respecting the establishment of an appeal tribunal and prescribing procedures for appeals;
(j.1) respecting service of documents under Part 2 or the regulations;
(j.2) requiring an individual to provide information necessary for the purpose of bringing or defending proceedings or making an agreement under Part 2;
(j.3) respecting any matter that the Lieutenant Governor in Council considers necessary for achieving the objects and purposes of Part 2;
(k) fixing rates and charges for providing specified social services; and
(l) generally respecting any other matter required for the administration of this Act and the regulations.
Historical Note(s): 1976-19-26; 1988-4-5.
26.1 Where a person is not eligible to receive income assistance due to income or assets in excess of those permitted, but is temporarily destitute due to the income not having been received, the assets requiring time to liquidate them or for some other reason acceptable to the minister, the minister may make a grant or advance to the person subject to conditions, including conditions respecting repayment of advances and the taking of assignments to secure them, that the minister may specify.
Historical Note(s): 1984-25-16; 1987-43-33.
27. Money required for the purposes of this Act shall be paid out of the consolidated revenue fund with money authorized by the Legislature to be so paid and applied.
Historical Note(s): 1976-19-28.
28. Sections 8 and 25 (3) and (4) come into force on a day to be fixed by regulation of the Lieutenant Governor in Council.
Historical Note(s): 1976-19-29; 1982-8-11; 1983-10-25, effective October 26, 1983 (B.C. Reg. 393/83).
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada