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“Point in Time” Act Content

EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT

[SBC 2002] CHAPTER 41

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1July 1, 2006
 July 1, 2006
 March 18, 2013
 January 1, 2020
 January 1, 2020
 January 1, 2020
1.1July 1, 2006
 January 1, 2020
2July 1, 2007
 July 1, 2007
 September 1, 2016
 September 1, 2016
3December 1, 2007
 December 1, 2007
9December 14, 2011
10January 1, 2020
 January 1, 2020
11January 1, 2003
 September 1, 2016
 January 1, 2020
12January 1, 2003
13January 1, 2020
14September 30, 2006
 August 1, 2015
14.1September 30, 2006
14.2June 1, 2010
16December 1, 2007
19December 1, 2007
 November 17, 2015
21July 1, 2006
 July 1, 2006
 March 29, 2007
 November 25, 2021
25July 1, 2006
26July 1, 2006
 September 30, 2006
 December 1, 2007
 August 1, 2015
 August 1, 2015
 August 1, 2015
 September 1, 2016
 January 1, 2020
 January 1, 2020
28August 1, 2015
36.1August 1, 2015

  Section 1 (1) definitions "dependant" and "spouse" BEFORE amended by 2006-22-8(a), effective July 1, 2006 (BC Reg 193/2006).

"dependant", in relation to another person, means anyone who resides with the other person and who

(a) is the spouse of the other person,

(b) is a dependent child of the other person,

(c) shares with the other person income or assets or any necessities of life obtained with the shared income or assets, or

(d) indicates a parental responsibility for the other person's dependent child;

"spouse", in relation to another person, means anyone who

(a) is married to the other person, or

(b) is living and cohabiting with the other person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;

  Section 1 (3) was added by 2006-22-8(b), effective July 1, 2006 (BC Reg 193/2006).

  Section 1 (1) definition of "dependant", paragraph (c) BEFORE amended by 2011-25-326, effective March 18, 2013 (BC Reg 131/2012).

(c) indicates a parental responsibility for the person's dependent child;

  Section 1 (1) definition of "dependant" BEFORE amended by 2019-36-98, effective January 1, 2020.

"dependant", in relation to a person, means anyone who resides with the person and who

(a) is the spouse of the person,

(b) is a dependent child of the person, or

(c) indicates a parental role for the person's dependent child;

  Section 1 (1) definition of "dependent child" BEFORE amended by 2019-36-99(a), effective January 1, 2020 (BC Reg 270/2019).

"dependent child", with respect to a parent, means a child, other than a child who is 18 years of age and is a person with disabilities, who resides in the parent's place of residence for more than 50% of each month and relies on that parent for the necessities of life, and includes a child in circumstances prescribed under subsection (2);

  Section 1 (2.1) was added by 2019-36-99(b), effective January 1, 2020 (BC Reg 270/2019).

  Section 1.1 was enacted by 2006-22-9, effective July 1, 2006 (BC Reg 193/2006).

  Section 1.1 BEFORE re-enacted by 2019-36-100, effective January 1, 2020.

Meaning of "spouse"

1.1   (1) Two persons, including persons of the same gender, are spouses of each other for the purposes of this Act if

(a) they are married to each other, or

(b) they acknowledge to the minister that they are residing together in a marriage-like relationship.

(2) Two persons who reside together, including persons of the same gender, are spouses of each other for the purposes of this Act if

(a) they have resided together for at least

(i) the previous 3 consecutive months, or

(ii) 9 of the previous 12 months, and

(b) the minister is satisfied that the relationship demonstrates

(i) financial dependence or interdependence, and

(ii) social and familial interdependence,

consistent with a marriage-like relationship.

  Section 2 (1) definition of "health professional" BEFORE amended by 2007-8-18(a), effective July 1, 2007 (BC Reg 196/2007).

"health professional" means a person who is authorized under an enactment to practice the profession of

(a) a medical practitioner,

(b) a registered psychologist,

(c) a registered nurse or registered psychiatric nurse,

(d) an occupational therapist,

(e) a physical therapist, or

(f) a social worker.

  Section 2 (2) (b) (part) BEFORE amended by 2007-8-18(b), effective July 1, 2007 (BC Reg 196/2007).

(b) in the opinion of a health professional

  Section 2 (2) (a) BEFORE amended by 2014-14-136, effective September 1, 2016 (BC Reg 165/2016).

(a) in the opinion of a medical practitioner is likely to continue for at least 2 years, and

  Section 2 (2) (part) BEFORE amended by 2016-8-1, effective September 1, 2016 (BC Reg 165/2016).

(2) The minister may designate a person who has reached 18 years of age as a person with disabilities for the purposes of this Act if the minister is satisfied that the person has a severe mental or physical impairment that

  Section 3 (a) BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) each person in the family unit on whose account the disability assistance, hardship assistance or supplement is provided satisfies the initial and continuing conditions of eligibility established under this Act and the regulations, and

  Section 3 (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) the family unit has not been declared ineligible for the disability assistance, hardship assistance or supplement under this Act or the regulations.

  Section 9 (5) BEFORE amended by 236/2011 effective December 14, 2011.

(5)  If a dependent youth fails comply with subsection (2), the minister may reduce the amount of disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.

  Section 10 (4) BEFORE amended by 2019-36-101(a), effective January 1, 2020 (BC Reg 270/2019).

(4) If an applicant or a recipient fails to comply with a direction under this section, the minister may declare the family unit ineligible for disability assistance, hardship assistance or a supplement for the prescribed period.

  Section 10 (4.1) was added by 2019-36-101(b), effective January 1, 2020 (BC Reg 270/2019).

  Section 11 (1) (a) (i) BEFORE amended by 2002-63-4, effective January 1, 2003 (BC Reg 367/2002).

(i)  is in the prescribed form, and

  Section 11 (2) BEFORE amended by 2016-4-38, effective September 1, 2016 (BC Reg 191/2016).

(2) A report under subsection (1) (a) is deemed not to have been submitted unless the accuracy of the information provided in it is affirmed by the signature of each recipient.

  Section 11 (1) (a) (i) BEFORE amended by 2019-36-102, effective January 1, 2020 (BC Reg 270/2019).

(i) is in the form prescribed by the minister, and

  Section 12 (1) BEFORE amended by 2002-63-5, effective January 1, 2003 (BC Reg 367/2002).

(1)  Subject to the conditions of an employment plan, the family unit of an applicant or a recipient who does any of the following is subject to the consequence described in subsection (2) for a family unit that matches the person's family unit:

(a) fails to accept suitable employment;

(b) voluntarily leaves employment without just cause;

(c) is dismissed from employment for just cause;

(d) fails to demonstrate reasonable efforts to search for employment.

  Section 13 (1.1) was added by 2019-36-103, effective January 1, 2020.

  Section 14 (3) and (4) BEFORE amended by 2006-22-10, effective September 30, 2006 (BC Reg 193/2006).

(3)  If

(a) a person acknowledges in writing that he or she obtained disability assistance, hardship assistance or a supplement under this Act, or income assistance, hardship assistance or a supplement under the Employment and Assistance Act, for which he or she was not eligible, or

(b) a court has given judgment in favour of the government in an action for debt against a person for obtaining disability assistance, hardship assistance or a supplement under this Act, or income assistance, hardship assistance or a supplement under the Employment and Assistance Act, for which he or she was not eligible,

unless the disability assistance, hardship assistance, income assistance or supplement was provided to or for the person in error, the minister may declare that the person's family unit is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit for the prescribed period, beginning with the first calendar month following the date of the acknowledgment or judgment.

(4)  The periods prescribed for the purpose of subsection (3) may vary with the number of applicable acknowledgments or judgments.

  Section 14 BEFORE repealed by 2015-23-58, effective August 1, 2015 (BC Reg 149/2015).

Consequences for conviction or judgment in relation to Act

14   (1) A family unit that includes a person who is convicted of an offence under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance Act, by fraud or false or misleading representation is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit for the lifetime of the person beginning with the first calendar month following the date of the conviction.

(2) A family unit that includes a person who is convicted of an offence under this Act or the Employment and Assistance Act is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit, beginning with the first calendar month following the date of conviction,

(a) after a first conviction, for a period of 12 consecutive months,

(b) after a second conviction, for a period of 24 consecutive months, and

(c) after a third conviction, for the lifetime of the person.

(3) If

(a) [Repealed 2006-22-10.]

(b) a court has given judgment in favour of the government in an action for debt against a person for obtaining disability assistance, hardship assistance or a supplement under this Act, or income assistance, hardship assistance or a supplement under the Employment and Assistance Act, for which he or she was not eligible,

unless the disability assistance, hardship assistance, income assistance or supplement was provided to or for the person in error, the minister may declare that the person's family unit is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit for the prescribed period, beginning with the first calendar month following the date of the judgment.

(4) The periods prescribed for the purpose of subsection (3) may vary with the number of applicable judgments.

(5) If a family unit includes

(a) only persons described in subsection (1) or (2), or subsection (3) if the minister has made a declaration under that subsection, the family unit is not eligible for disability assistance for the applicable period, and

(b) one or more persons described in subsection (1) or (2), or subsection (3) if the minister has made a declaration under that subsection, and at least one other person, the amount of disability assistance, hardship assistance or a supplement provided to or for the family unit must be reduced by the prescribed amount for the applicable period.

  Section 14.1 was enacted by 2006-22-11, effective September 30, 2006 (BC Reg 193/2006).

  Section 14.2 was enacted by 2010-33-2, effective June 1, 2010 (BC Reg 73/2010).

  Section 16 (1) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  Subject to section 17, a person may request the minister to reconsider any of the following decisions made under this Act or the regulations:

  Section 19 (1) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  An amount that a person is liable to repay under this Act or the regulations is a debt due to the government that may be

  Section 19 (1) (b) BEFORE amended by 2015-41-29, effective November 17, 2015 (Royal Assent).

(b) deducted, in accordance with the regulations from any subsequent disability assistance, hardship assistance or supplement for which the person's family unit is eligible or from an amount payable to the person by the government under a prescribed enactment.

  Section 21 (1) BEFORE amended by 2006-22-12(a), effective July 1, 2006 (BC Reg 193/2006).

(1)  Subject to subsection (2), the minister may enter into an agreement with any person or group of persons.

  Sections 21 (2) to (4) BEFORE amended by 2006-22-12(b), effective July 1, 2006 (BC Reg 193/2006).

(2)  With the prior approval of the Lieutenant Governor in Council, the minister may enter into any of the following:

(a) an agreement with the government of Canada or an agency of that government about financial arrangements or other matters relating to social programs;

(b) a reciprocal agreement with the government of another province of Canada or an agency of that government about disability assistance, hardship assistance, supplements or similar programs;

(c) an information-sharing agreement with

(i)  the government of Canada or an agency of that government,

(ii)  the government of a province or other jurisdiction in Canada or an agency of that government,

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

(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)  An information-sharing agreement may be entered into under subsection (2) only for the purposes of the administration or enforcement of

(a) this Act,

(b) the Income Tax Act or the Income Tax Act (Canada),

(c) the Immigration Act (Canada), or

(d) a social benefit program operated by a government, an agency, a public body or a legal entity referred to in subsection (2) (c).

(3)  In this section, "information-sharing agreement" includes a data-matching agreement but does not include an agreement to share

(a) information obtained by the minister for the purposes of another Act administered by the minister, or

(b) information obtained by the minister pursuant to an agreement under this section.

  Sections 21 (3) (a) (iii) BEFORE amended by 2007-8-19, effective March 29, 2007 (Royal Assent).

(iii)  the Immigration and Refugee Protection Act (Canada),

  Section 21 (2.3) BEFORE amended by 2021-39-61, effective November 25, 2021 (Royal Assent).

(2.3) An information-sharing agreement under this section is not required for the purpose of sharing for research purposes personal information collected under this Act if the personal information is disclosed in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.

  Section 25 (1) (b) BEFORE amended by 2006-22-13, effective July 1, 2006 (BC Reg 193/2006).

(b) the power to enter into an agreement under section 21 (2) [agreements].

  Section 26 (3) (j) BEFORE amended by 2006-22-14(b), effective July 1, 2006 (BC Reg 193/2006).

(j) respecting terms or conditions that are to be included in information-sharing agreements under section 21 (2) [agreements];

  Section 26 (3) (b.1) was added by 2006-22-14(a), effective September 30, 2006 (BC Reg 193/2006).

  Section 26 (3) (i) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(i) respecting service and delivery of documents or the giving of notice under this Act or the regulations;

  Section 26 (2) (o) BEFORE repealed by 2015-23-59, effective August 1, 2015 (BC Reg 149/2015).

(o) prescribing the amount of a reduction under section 14 (5) (b) [consequences for conviction or judgment in relation to Act].

  Section 26 (3) (b) BEFORE repealed by 2015-23-59, effective August 1, 2015 (BC Reg 149/2015).

(b) prescribing periods for the purpose of section 14 (3) [consequences for conviction or judgment in relation to Act];

  Section 26 (3) (l) BEFORE amended by 2015-23-59, effective August 1, 2015 (BC Reg 149/2015).

(l) prescribing the manner and minimum amount of a deduction under section 19 (1) (b) [liability for and recovery of debts under Act];

  Section 26 (2) (p) added by 2016-8-2, effective September 1, 2016 (BC Reg 165/2016).

  Section 26 (3) (a) BEFORE amended by 2019-36-104, effective January 1, 2020 (BC Reg 270/2019).

(a) specifying the amounts and duration of a reduction under section 9 (5) [employment plan], section 10 (5) [information and verification], section 12 (2) (a) [consequences of not meeting employment-related obligations], section 13 (3) (a) [consequences of not accepting or disposing of property] or the regulations;

  Section 26 (3) (l) (ii) BEFORE amended by 2019-36-105, effective January 1, 2020.

(ii) prescribing the duration and minimum amount of a deduction,

  Section 28 BEFORE repealed by 2015-23-60, effective August 1, 2015 (BC Reg 149/2015).

Regulations prescribing ineligibility in relation to former or other Act

28   The Lieutenant Governor in Council may make regulations prescribing consequences for a family unit, including periods of ineligibility for disability assistance or hardship assistance under this Act, for any of the following:

(a) a conviction of a person in the family unit under the Criminal Code in relation to obtaining money by fraud or false or misleading representation under a former Act or the BC Benefits (Youth Works) Act;

(b) a conviction of a person in the family unit for an offence under a former Act or the BC Benefits (Youth Works) Act;

(c) a written acknowledgment by a person in the family unit of receiving a disability allowance, income assistance, hardship assistance or a benefit under a former Act, or a youth allowance or benefit under the BC Benefits (Youth Works) Act, to which the person was not eligible and that was not paid or provided in error;

(d) a judgment obtained by the government in an action for debt against a person in the family unit for obtaining a disability allowance, income assistance, hardship assistance or a benefit under a former Act, or a youth allowance or benefit under the BC Benefits (Youth Works) Act, to which the person was not eligible and that was not paid or provided in error.

  Section 36.1 was enacted by 2015-23-61, effective August 1, 2015 (BC Reg 149/2015).