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B.C. Reg. 231/2005
O.C. 469/2005
Deposited June 29, 2005
effective July 1, 2005
This consolidation is current to April 16, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Community Living Authority Act

Community Living Authority Regulation

[includes amendments up to B.C. Reg. 61/2018, March 31, 2018]

Contents
1Definitions
2Interpretation
2.1Developmental disability
2.2Community living support
2.3Persons with fetal alcohol spectrum disorder
2.4Persons with pervasive developmental disorder
2.41Persons with autism spectrum disorder
2.5Significant limitations in adaptive functioning
3Application of Business Corporations Act
4Repealed
5Repealed

Definitions

1   In this regulation:

"Act" means the Community Living Authority Act;

"Canadian Guidelines (2005)" means the guidelines for diagnosis of fetal alcohol spectrum disorder set out in "Fetal alcohol spectrum disorder: Canadian guidelines for diagnosis" by A.E. Chudley et al., published in volume 172 Issue 5 of the Canadian Medical Association Journal in 2005;

"Canadian Guidelines (2016)" means the guidelines for diagnosis of fetal alcohol spectrum disorder set out in "Fetal alcohol spectrum disorder: a guideline for diagnosis across the lifespan" by J.L. Cook et al., published in volume 188 Issue 3 of the Canadian Medical Association Journal in 2016;

"DSM-IV-TR" means Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, published by the American Psychiatric Association in 2000;

"DSM-5" means Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association in 2013;

"qualifying practitioner" means a person who is

(a) a registered practitioner, or

(b) a psychologist certified by the British Columbia Association of School Psychologists;

"registered practitioner" means a person who is

(a) a psychologist, or

(b) a psychological associate

registered with the College of Psychologists of British Columbia and licensed to practise in British Columbia;

"significant limitations in adaptive functioning" means significant limitations in adaptive functioning under section 2.5.

[en. B.C. Reg. 228/2008, s. 1; am. B.C. Regs. 265/2009, s. 1; 61/2018, s. 1.]

Interpretation

2   In the Act:

"impaired adaptive functioning" means adaptive functioning that, when evaluated by a qualifying practitioner, is determined to be a contributing factor

(a) in making a diagnosis, in accordance with DSM-5, of intellectual disability (intellectual developmental disorder), or

(b) in making a diagnosis, in accordance with DSM-IV-TR, of the disorder that has been replaced in DSM-5 by intellectual disability (intellectual developmental disorder);

"independent planning support" means assistance that, in respect of a child, adult or family who is approved for or is receiving community living support,

(a) enables

(i) identification of a child's, adult's or family's needs for community living support, and

(ii) development or adaptation of a plan to address those needs, and

(b) is provided by a person who will not participate in making the decision whether to approve the community living support set out in the plan;

"individualized funding" means funds that are provided for community living support of a particular child or adult or family of a particular child or adult in accordance with an approved plan for community living support in respect of that child, adult or family.

[am. B.C. Regs. 228/2008, s. 2; 61/2018, s. 2.]

Developmental disability

2.1   For the purposes of the definition of "developmental disability" in section 1 of the Act, the prescribed criteria are

(a) intellectual functioning that, when tested by a qualifying practitioner according to one or more standardized intelligence tests, results in a score of 70 or less, or

(b) intellectual functioning that, when tested by a registered practitioner according to one or more standardized intelligence tests, results in a score of more than 70, if the registered practitioner determines in accordance with DSM-5 that adaptive behaviour problems in social judgment, social understanding and other areas of adaptive functioning are so severe that actual intellectual functioning is comparable to that of persons who attain a score of 70 or less.

[en. B.C. Reg. 61/2018, s. 3.]

Community living support

2.2   For the purposes of paragraph (d) of the definition of "community living support" in section 1 of the Act, the following persons are prescribed:

(a) persons with fetal alcohol spectrum disorder as described in section 2.3;

(b) persons with pervasive developmental disorder as described in section 2.4;

(c) persons with autism spectrum disorder as described in section 2.41.

[en. B.C. Reg. 265/2009, s. 2; am. B.C. Reg. 61/2018, s. 4.]

Persons with fetal alcohol spectrum disorder

2.3   A person with fetal alcohol spectrum disorder is a person who

(a) has been diagnosed with fetal alcohol spectrum disorder, in accordance with the Canadian Guidelines (2005) or the Canadian Guidelines (2016), by

(i) a registered practitioner, and

(ii) a medical practitioner,

(b) has significant limitations in adaptive functioning, and

(c) does not have a developmental disability.

[en. B.C. Reg. 265/2009, s. 2; am. B.C. Reg. 61/2018, s. 5.]

Persons with pervasive developmental disorder

2.4   A person with pervasive developmental disorder is a person who

(a) has been diagnosed in accordance with DSM-IV-TR with pervasive developmental disorder by

(i) a registered practitioner, or

(ii) a medical practitioner granted full registration for specialty practice by the College of Physicians and Surgeons of British Columbia in the specialty of pediatrics or psychiatry,

(b) has significant limitations in adaptive functioning, and

(c) does not have a developmental disability.

[en. B.C. Reg. 265/2009, s. 2; am. B.C. Reg. 61/2018, s. 6.]

Persons with autism spectrum disorder

2.41   A person with autism spectrum disorder is a person who

(a) has been diagnosed with autism spectrum disorder, in accordance with DSM-5, by

(i) a registered practitioner, or

(ii) a medical practitioner granted full registration for specialty practice by the College of Physicians and Surgeons of British Columbia in the specialty of pediatrics or psychiatry,

(b) has significant limitations in adaptive functioning, and

(c) does not have a developmental disability.

[en. B.C. Reg. 61/2018, s. 7.]

Significant limitations in adaptive functioning

2.5   For the purposes of sections 2.3 (b), 2.4 (b) and 2.41 (b), a person has significant limitations in adaptive functioning if the person has a combined score for all adaptive skill areas that is at least three standard deviations below the mean when tested with one of the following adaptive functioning measuring tools by a qualifying practitioner:

(a) the Scales of Independent Behavior-Revised (SIB-R) published by Riverside Publishing Co. in 1996;

(b) the Vineland Adaptive Behavior Scales, Second Edition (Vineland-II) published by American Guidance Services Publishing in 2005;

(c) the Adaptive Behavior Assessment System, Second Edition (ABAS 2) published by The Psychological Corporation in 2003;

(d) the Adaptive Behavior Assessment System, Third Edition (ABAS-3), published by Western Psychological Services in 2015.

[en. B.C. Reg. 265/2009, s. 2; am. B.C. Reg. 61/2018, s. 8.]

Application of Business Corporations Act

3   Section 143 of the Business Corporations Act applies to the authority.

Repealed

4   Repealed. [B.C. Reg. 231/2005, s. 4 (2).]

Repealed

5   Repealed. [B.C. Reg. 231/2005, s. 5 (3).]

[Provisions relevant to the enactment of this regulation: Community Living Authority Act, S.B.C. 2004, c. 60, ss. 11, 27 and 29]