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"Point in Time" Regulation Content

Community Living Authority Act

Community Living Authority Regulation

B.C. Reg. 231/2005

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 January 31, 2010
March 31 2018
Section 2 March 31, 2018
Section 2.1 March 31, 2018
Section 2.2 January 31, 2010
March 31, 2018
Section 2.3 January 31, 2010
March 31, 2018
Section 2.4 January 31, 2010
March 31, 2018
Section 2.41 March 31, 2018
Section 2.5 January 31, 2010
March 31, 2018
Section 5 October 31, 2009

 Section 1 definitions of "Canadian Guidelines", "registered practitioner" and "significant limitations in adaptive functioning" were added by BC Reg 265/2009, effective January 31, 2010.

 Section 1 definition of "qualifying practitioner" BEFORE amended by BC Reg 265/2009, effective January 31, 2010.

"qualifying practitioner" means a person who is

(a) either

(i)  a psychologist, or

(ii)  a psychological associate

registered with the College of Psychologists of British Columbia and licensed to practice in British Columbia, or

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

 Section 1 definition of "Canadian Guidelines" BEFORE repealed by BC Reg 61/2018, effective March 31, 2018.

"Canadian Guidelines" 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 of the Canadian Medical Association Journal in 2005;

 Section 1 definition of "DSM-IV-TR" BEFORE amended by BC Reg 61/2018, effective March 31, 2018.

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

 Section 1 definitions of "Canadian Guidelines (2005)", "Canadian Guidelines (2016)" and "DSM-5" were added by BC Reg 61/2018, effective March 31, 2018.

 Section 2 definition of "adaptive functioning" BEFORE repealed by BC Reg 61/2018, effective March 31, 2018.

"adaptive functioning" has the same meaning as used in the description of "mental retardation" as set out in the DSM-IV-TR;

 Section 2 definition of "impaired adaptive functioning" BEFORE amended by BC Reg 61/2018, effective March 31, 2018.

"impaired adaptive functioning" means adaptive functioning that, when evaluated by a qualifying practitioner, is determined to be a contributing factor as required in making a diagnosis of "mental retardation" within the meaning of the DSM-IV-TR;

 Section 2.1 BEFORE re-enacted by BC Reg 61/2018, effective March 31, 2018.

Developmental disability

2.1   For the purposes of the definition of "developmental disability" in section 1 of the Act, intellectual functioning that, when tested according to one or more standardized intelligence tests by a qualifying practitioner, attains a score of 70 or less is a prescribed criterion.

[en. B.C. Reg. 228/2008, s. 3.]

 Section 2.2 was enacted by BC Reg 265/2009, effective January 31, 2010.

 Section 2.2 (a) and (b) BEFORE amended by BC Reg 61/2018, effective March 31, 2018.

(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.

 Section 2.2 (c) was added by BC Reg 61/2018, effective March 31, 2018.

 Section 2.3 was enacted by BC Reg 265/2009, effective January 31, 2010.

 Section 2.3 (part) BEFORE amended by BC Reg 61/2018, effective March 31, 2018.

Persons with Fetal Alcohol Spectrum Disorder

2.3   A person with Fetal Alcohol Spectrum Disorder is a person who

 Section 2.3 (a) BEFORE amended by BC Reg 61/2018, effective March 31, 2018.

(a) has been diagnosed in accordance with the Canadian Guidelines by a registered practitioner and a medical practitioner,

 Section 2.4 was added by BC Reg 265/2009, effective January 31, 2010.

 Section 2.4 (part) BEFORE amended by BC Reg 61/2018, effective March 31, 2018.

Persons with Pervasive Developmental Disorder

2.4   A person with Pervasive Developmental Disorder is a person who

 Section 2.4 (a) (part) BEFORE amended by BC Reg 61/2018, effective March 31, 2018.

(a) has been diagnosed in accordance with the DSM-IV-TR with Pervasive Developmental Disorder by

 Section 2.41 was enacted by BC Reg 61/2018, effective March 31, 2018.

 Section 2.5 was enacted by BC Reg 265/2009, effective January 31, 2010.

 Section 2.5 (part) BEFORE amended by BC Reg 61/2018, effective March 31, 2018.

Significant limitations in adaptive functioning

2.5   For the purposes of sections 2.3 (b) and 2.4 (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:

 Section 2.5 (d) was added by BC Reg 61/2018, effective March 31, 2018.

 Section 5 BEFORE self-repealed by BC Reg 231/2005, s. 5 (3), effective October 31, 2009.

 Other prescribed functions and duties of the authority

5  (1)  The authority must provide for the delivery in British Columbia of

(a) support and services that are the same as community living support in respect of children and their families

(i)  to a child who

(A)  is diagnosed with Autism Spectrum Disorder, or

(B)  would have been eligible for the At Home program of Community Living Services in the Ministry of Children and Family Development according to eligibility criteria for that program as it existed on June 30, 2005, and

(ii)  to the family of a child referred to in paragraph (a) to assist the family in caring for the child, and

(b) administrative services that are related to the support and services referred to in paragraph (a).

(2)  Repealed. [B.C. Reg. 310/2006, s. (b).]

(3)  This section is repealed on October 31, 2009.

[am. B.C. Regs. 310/2006; 56/2007; 44/2008; 254/2008; 37/2009.]