Definitions

1   (1) In this regulation:

"Act" means the Child Care Subsidy Act;

"applicant" means a parent who applies under section 4 for a child care subsidy;

"business day" means a day other than Saturday or other than Sunday or another holiday listed in the Interpretation Act;

"care surrounding school day" means child care provided, for children enrolled in school, during a period that begins no earlier than 6 a.m. and ends no later than 7 p.m. on

(a) one or more of the days in session, or

(b) Family Day, Good Friday, Easter Monday, Victoria Day, Labour Day, Thanksgiving Day or Remembrance Day;

"child" means an unmarried person under 19 years of age;

"child care provider" means a person or organization operating a child care setting;

"Child Care Service Centre" means the government office responsible for administering payment of child care subsidies under the Act;

"child with special needs" means a child

(a) who has a physical, intellectual, emotional, communicative or behavioral impairment, and

(b) who, in the minister's opinion, requires additional support services because of that impairment;

"days in session" has the same meaning as in the School Calendar Regulation, B.C. Reg. 314/2012;

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

(a) is the spouse of the parent, or

(b) is a dependent child of the parent;

(c)-(d) Repealed. [B.C. Reg. 148/2018, App. 1, s. 1 (e).]

"dependent child" means a child who resides in the parent's place of residence and relies on the parent for the necessities of life, but does not include a child who is 18 years of age and is a person with disabilities;

"employment-related program" means a program

(a) delivered for the purpose of assisting unemployed, or underemployed, persons to search for, overcome barriers to, train for or obtain employment or self-employment, and

(b) in which a person participates for a specified period of time or until that person obtains employment or self-employment;

"enrolled in school" means enrolled in an educational program, in relation to kindergarten to grade 12 education, provided under the School Act, the Independent School Act, a Nisg̱a'a law or a law of a treaty first nation;

"family" means a parent and the parent's dependants;

"family's adjusted annual income" means the income calculated for the family under the following:

(a) section 9 (2) [calculation of family's adjusted annual income];

(b) section 9.1 (3) [decrease family's adjusted annual income];

(c) section 9.1 (7) [increase family's adjusted annual income after review];

"full day", in relation to child care, means

(a) more than 4 hours of child care provided in a day, or

(b) child care provided before and after school in a day;

"half day", in relation to child care, means 4 hours or less of child care provided in a day, unless the child care is provided before and after school in a day;

"licence-not-required child care setting" means a child care setting that

(a) is in the home of the primary caregiver,

(b) need not be licensed under the Community Care and Assisted Living Act, and

(c) is not registered under the Child Care Resource and Referral Program in accordance with the standards specified in the Child Care Resource and Referral Program Standards Manual that is on file with the office of the Deputy Minister,

but does not include the family home of a child being cared for in the setting;

"licensed child care setting" means a facility operating under a licence issued under section 11 of the Community Care and Assisted Living Act and providing any of the following programs as set out in section 2 of the Child Care Licensing Regulation, B.C. Reg. 332/2007:

(a) Group Child Care (Under 36 Months);

(b) Group Child Care (30 Months to School Age);

(c) Preschool (30 Months to School Age);

(d) Group Child Care (School Age);

(e) Family Child Care;

(f) Multi-Age Child Care;

(g) In-Home Multi-Age Child Care;

(h) School Age Care on School Grounds;

"licensed preschool" means a program described in paragraph (c) of the definition of "licensed child care setting";

"minister", in relation to a power, duty or function that the minister has delegated under section 12 of the Act to another person, includes that other person;

"month" means a calendar month;

"person with disabilities" means a person who is 18 years of age or older and is approved for receipt of, or is receiving, benefits or services under a program of a provincial or the federal government to assist the person to perform daily living activities because that person's capacity to perform those activities is restricted by that person's physical or mental impairment;

"registered licence-not-required child care setting" means a child care setting that

(a) is in the home of the primary caregiver,

(b) need not be licensed under the Community Care and Assisted Living Act, and

(c) is registered under the Child Care Resource and Referral Program in accordance with the standards specified in the Child Care Resource and Referral Program Standards Manual that is on file with the office of the Deputy Minister,

but does not include the family home of a child being cared for in the setting;

"school age", except in a description of a program referred to in the definition of "licensed child care setting", means school age as determined under subsection (2);

"school year" means the period commencing on July 1 and ending on the following June 30;

"spouse", in relation to a parent, means a person, including a person of the same gender, who resides with the parent and

(a) who is married to the parent,

(b) who, together with the parent, acknowledges to the minister that the person is residing with the parent in a marriage-like relationship, or

(c) who

(i) has been residing with the parent for at least

(A) the previous 3 consecutive months, or

(B) 9 of the previous 12 months, and

(ii) has a relationship with the parent that the minister is satisfied demonstrates

(A) financial dependence or interdependence, and

(B) social and familial interdependence,

consistent with a marriage-like relationship;

"Young Parent Program" means a child care program located at or near a secondary school which provides child care for children of parents completing their secondary education and which is recognized by the minister as a Young Parent Program.

(2) A person is deemed

(a) to be of school age beginning on September 1 in a school year if the person will have reached age 5 on or before December 31 of that school year, and

(b) to continue to be of school age until the end of the school year in which the person reaches age 19.

[am. B.C. Regs. 234/98, s. 1; 427/99, s. 1; 346/2000; 57/2002, s. 1; 262/2002, s. 2; 200/2004, s. 1; 387/2004, s. 1; 493/2004, s. 1; 121/2005, s. 1; 281/2005, s. 1; 187/2007, s. (a); 337/2008, ss. 1 and 2; 145/2011, s. 1; 143/2012, s. 1; 353/2012, s. 1; 84/2016, s. 1; 87/2017, s. 1; 148/2018, App. 1, s. 1; 64/2021, ss. 2 and 3; 228/2021, s. 1.]

What types of child care may be subsidized?

2   The minister may pay a child care subsidy if a type of child care set out in Column 2 of a table in the Schedule is provided

(a) in a licensed child care setting,

(b) in a licence-not-required child care setting,

(b.1) in a registered licence-not-required child care setting, or

(c) in the child's own home, but only if the child care is provided by someone other than a person who

(i) is a relative of the child or a dependant of the parent, and

(ii) resides in the child's home.

[am. B.C. Regs. 281/2005, s. 2; 148/2018, App. 1, s. 2.]

Circumstances in which subsidy may be provided

3   (1) The minister may pay a child care subsidy only if

(a) the minister is satisfied that the child care is needed for one of the reasons set out in subsection (2),

(b) the child care is arranged or recommended under the Child, Family and Community Service Act, or

(c) the child care is recommended under the Community Living Authority Act in respect of a child who has a parent approved for or receiving community living support under the Community Living Authority Act and the minister is satisfied that the child care is needed.

(2) For the purpose of subsection (1) (a), the child care must be needed for one of the following reasons:

(a) in a single parent family, because the parent

(i) is employed or self-employed,

(ii) attends an educational institution,

(iii) is seeking employment or participating in an employment-related program, or

(iv) has a medical condition that interferes with the parent's ability to care for the parent's child;

(b) in a two parent family, because

(i) each parent is employed or self-employed, attends an educational institution or participates in an employment-related program,

(ii) one parent is engaged in an activity listed in subparagraph (i) and the other is seeking employment,

(iii) one parent is engaged in an activity listed in subparagraph (i) and the other parent has a medical condition that interferes with that parent's ability to care for that parent's child, or

(iv) Repealed. [B.C. Reg. 57/2002, s. 2 (b).]

(v) each parent has a medical condition that interferes with their ability to care for their child.

(3) Repealed. [B.C. Reg. 57/2002, s. 2 (b).]

(4) The restriction in subsection (1) (a) does not apply in respect of child care provided in a licensed preschool unless the child care is provided to a child enrolled in school.

[am. B.C. Regs. 57/2002, s. 2; 262/2002, s. 3; 294/2002; 387/2004, s. 2; 121/2005, s. 2; 145/2011, s. 2.; 64/2021, s. 3; 228/2021, s. 2.]

How to apply for a subsidy

4   (1) To be eligible for a child care subsidy, a parent must

(a) complete an application in the form required by the minister,

(b) supply the minister with the social insurance number of the parent and the parent's spouse, if any, and

(c) supply the minister with proof of the identity of each member of the family and proof of eligibility for a child care subsidy.

(2) Only one parent in the family may apply for a child care subsidy.

(3) Repealed. [B.C. Reg. 187/2007, s. (b).]

(4) Repealed. [B.C. Reg. 84/2016, s. 2.]

[am. B.C. Regs. 218/2003, s. 1; 187/2007, s. (b); 84/2016, s. 2; 148/2018, App. 1, s. 3.]

Authorizations required

4.1   (1) To be eligible for a child care subsidy for a child other than a child described in section 7 (2), an applicant and the applicant's spouse, if any, must supply the minister with authorizations for

(a) the disclosure to the Canada Revenue Agency of the full name, birth date and social insurance number of the person,

(b) the disclosure by the Canada Revenue Agency of the personal information of the person that is relevant to the person's income, and that the minister needs for the purposes of sections 9 [calculation of family's adjusted annual income] and 9.1 [income review], for the 2 years previous to the current calendar year, in accordance with the MOU For Income Verification between the Canada Revenue Agency and the minister, regardless of whether the person completed an income tax return for those years, and

(c) the indirect collection by the minister of the information described in paragraph (b).

(2) To be eligible for a child care subsidy for a child other than a child described in section 7 (2),

(a) an applicant must supply the minister with authorizations for the disclosure to the applicant's spouse, if any, of personal information of the applicant used in determining the family's adjusted annual income, and

(b) an applicant's spouse, if any, must supply the minister with authorizations for the disclosure to the applicant of personal information of the applicant's spouse, if any, used in determining the family's adjusted annual income.

(3) To be eligible for a child care subsidy for a child, an applicant and the applicant's spouse, if any, must supply the minister with authorizations for

(a) the disclosure by a third party of the personal information of the person that the minister needs for the purpose of determining or auditing the applicant's eligibility for a child care subsidy, and

(b) the indirect collection by the minister of the information described in paragraph (a).

[en. B.C. Reg. 148/2018, App. 1, s. 4.]

Citizenship requirements

5   An applicant is eligible for a child care subsidy only if

(a) the applicant

(i) is a Canadian citizen,

(ii) is authorized under an enactment of Canada to take up permanent residence in Canada, or

(iii) is determined under the Immigration and Refugee Protection Act (Canada) to be a Convention refugee or a person in need of protection.

(b) Repealed. [B.C. Reg. 281/2005, s. 3.]

[am. B.C. Regs. 251/98; 219/2003; 281/2005, s. 3; 187/2007, s. (c).]

Residency requirement

6   An applicant is eligible for a child care subsidy only if the applicant is a resident of British Columbia.

Income test

7   (1) An applicant is not eligible for a child care subsidy if the family's adjusted annual income equals or exceeds the following:

(a) $111 000 for a child receiving child care in a licensed child care setting;

(b) $85 000 for a child receiving child care in a registered licence-not-required child care setting;

(c) $70 000 for a child receiving child care

(i) in a licence-not-required child care setting, or

(ii) in the child's own home as described in section 2 (c).

(2) Subsection (1) does not apply to an applicant if the child care is for a child

(a) in relation to whom the applicant has entered into an agreement with a director under section 8 of the Child, Family and Community Service Act,

(b) in relation to whom the applicant, by agreement under section 94 of the Child, Family and Community Service Act, exercises a director's rights or carries out a director's responsibilities,

(c) of whom the applicant has interim or temporary custody under an order of the court under section 35 (2) (d), 41 (1) (b), 42.2 (4) (c), 49 (7) (b) or 54.01 (9) (b) of the Child, Family and Community Service Act,

(c.1) of whom the applicant has been permanently transferred custody under an order of the court under section 54.01 (5) or 54.1 (3) of the Child, Family and Community Service Act,

(d) of whom the applicant has custody under an order of the court under section 42.2 (4) (a) of the Child, Family and Community Service Act, if the applicant is the other person referred to in section 42.2 (4) (a) (i),

(e) who is receiving assistance under the authority of the Child in the Home of a Relative Program Transition Regulation, B.C. Reg. 48/2010, and the applicant is the relative with whom that child resides, or

(f) who is receiving assistance under a program, similar in nature to the program referred to in paragraph (e), provided

(i) on a reserve, within the meaning of the Indian Act (Canada), by the government of Canada, or

(ii) by the Nisg̱a'a Nation or a treaty first nation.

[en. B.C. Reg. 281/2005, s. 4; am. B.C. Regs. 271/2006, s. 1; 143/2012, s. 2; 37/2013, Sch. s. 1; 148/2018, App. 1, s. 5.]

Amount of subsidy

8   (1) In this section:

"full time child care" means child care for which the minister may pay a child care subsidy that is provided for the equivalent of at least 20 full days per month;

"full time subsidy amount", in relation to a child receiving part time child care, means the monthly child care subsidy determined in accordance with subsection (3), (4) or (5), as applicable, that would apply if the child were receiving full time child care;

"number of full days" means the number of full days per month for which the minister may pay a child care subsidy;

"number of half days" means the number of half days per month for which the minister may pay a child care subsidy;

"parent fee" in relation to a parent, means the fee the parent is charged by the applicable child care provider for child care for which the minister may pay a child care subsidy;

"part time child care" means child care for which the minister may pay a child care subsidy that is provided for less than the equivalent of 20 full days per month.

(2) For the purposes of applying the definitions of "full time child care" and "part time child care" in subsection (1), 2 half days are the equivalent of one full day.

(3) If a family's adjusted annual income is less than or equal to the following, the monthly child care subsidy for a child receiving full time child care is the parent fee or the amount set out in Column 3 of the applicable table in Schedule A, whichever is less, for the type of child care the child is receiving:

(a) $45 000 for a child receiving child care in a licensed child care setting;

(b) $39 000 for a child receiving child care in a registered licence-not-required child care setting;

(c) $24 000 for a child receiving child care

(i) in a licence-not-required child care setting, or

(ii) in the child's own home as described in section 2 (c).

(4) If a family's adjusted annual income exceeds the applicable amount under subsection (3) (a), (b) or (c), the monthly child care subsidy for a child receiving full time child care is the parent fee or the amount determined in accordance with the applicable formula in Schedule A, whichever is less, for the type of child care the child is receiving.

(5) Despite subsections (3) and (4), the monthly child care subsidy for a child described in section 7 (2) who is receiving full time child care is the parent fee or the amount set out in Column 3 of the applicable table in Schedule A, whichever is less, for the type of child care the child is receiving.

(6) If child care is provided through a Young Parent Program and the child care provider operating the Young Parent Program confirms, in the form specified by the minister, that the parent is participating in the Young Parent Program,

(a) despite subsections (3) and (4), the monthly child care subsidy for a child who is receiving full time child care provided through the Young Parent Program is $1 500, and

(b) despite subsection (7), the monthly child care subsidy for a child receiving part time child care provided through the Young Parent Program is the amount determined in accordance with the following formula:

(number of half days × 0.5) + number of full days 20

× 1 500

(7) The monthly child care subsidy for a child receiving part time child care is the parent fee or the amount determined in accordance with the following formula, whichever is less, for the type of child care the child is receiving:

(number of half days × 0.5) + number of full days 20

× full time subsidy amount

(8) Despite subsection (7), the monthly child care subsidy for a child receiving part time child care provided in a licensed preschool is the parent fee or the amount determined in accordance with the following formula, whichever is less, for that type of child care:

number of half days 20

× full time subsidy amount

(9) Despite subsection (7), the monthly child care subsidy for a child receiving part time child care that is care surrounding school day is the parent fee or the amount determined in accordance with the following formula, whichever is less, for that type of child care:

(number of half days × 0.83333) + number of full days 20

× full time subsidy amount

(10) If the child care is arranged or recommended by staff delegated under the Child, Family and Community Service Act, after staff have

(a) offered support services or agreements to the child and family under section 16 (2) (a) of that Act,

(b) begun an assessment under section 16 (2) (b.1) of that Act, or

(c) begun an investigation under section 16 (2) (c) of that Act,

the minister may pay any increase in the amount of the child care subsidy that the minister considers necessary to ensure that the child care is provided.

[en. B.C. Reg. 148/2018, App. 1, s. 6.]

Calculation of family's adjusted annual income

9   (1) In this section, "previous year" means the year previous to the current calendar year.

(2) In relation to a child care subsidy that is to be determined based on a family's adjusted annual income, the minister must calculate the family's adjusted annual income as follows:

(a) by adding, for the applicant and the applicant's spouse, if any, the annual income for the person determined under subsection (3) or (4), as applicable;

(b) by deducting from the amount calculated under paragraph (a) any applicable amounts under subsection (5).

(3) For the purposes of subsection (2), the minister must calculate the annual income of the applicant and the applicant's spouse, if any, by

(a) determining the person's income for the previous year, or for the year before the previous year if a notice of assessment is not available for the person for the previous year, as

(i) the amount reported on line 150 of the person's notice of assessment if there has been no notice of reassessment for the applicable year, or

(ii) if there was a notice of reassessment for the person, the amount reported on line 150 of the notice of reassessment, and

(b) deducting from the income determined under paragraph (a) all amounts, if any, reported on line 145 of the applicable notice of assessment or notice of reassessment under paragraph (a).

(4) If a notice of assessment is not available for either of the 2 calendar years before the current year with respect to the applicant or the applicant's spouse, if any,

(a) the applicant may give to the minister a statement, in the form required by the minister, attesting to the applicant's or the applicant's spouse's, as applicable, total income from all sources except social assistance payments, stated in Canadian dollars, for the previous year, and

(b) on receiving income information satisfactory to the minister under paragraph (a), the minister may determine the annual income of the person based on that information.

(5) For the purposes of this section, the following deductions may be made, if applicable:

(a) $0 for the first dependant in the family who is not a child with special needs;

(b) $2 000 for each additional dependant in the family;

(c) $3 000 for each child with special needs in the family.

[en. B.C. Reg. 148/2018, App. 1, s. 7; am. B.C. Regs. 148/2019, s. 1; 228/2021, s. 3.]

Income review

9.1   (1) In this section:

"estimated decreased annual income" means the estimated income from all sources except social assistance payments, stated in Canadian dollars, for the applicant or the applicant's spouse, if any, for the 12-month period beginning the month after the month in which the applicant requests an income review under this section;

"estimated increased annual income" means the estimated income from all sources except social assistance payments, stated in Canadian dollars, for the applicant, or the applicant's spouse, if any, for the 12-month period beginning the month after the month in which the income of the applicant or the applicant's spouse, as applicable, increased;

"new applicant" means a parent who

(a) is not currently receiving a child care subsidy, and

(b) has applied for a child care subsidy under section 4 but no determination has yet been made whether the parent is eligible for a child care subsidy.

(2) Despite section 9 (3), if the income of the applicant or of the applicant's spouse, if any, has decreased,

(a) the applicant may request the minister to conduct an income review by giving to the minister a statement, in the form required by the minister, attesting to the estimated decreased annual income of the applicant or the applicant's spouse, as applicable, and

(b) the minister may determine the annual income of the person based on that information.

(3) Despite section 9 (2), on receiving a request for an income review under this section, if the minister is satisfied that the income decrease may result in an increase in the amount of child care subsidy, the minister must calculate the family's adjusted annual income as follows:

(a) by adding, for the applicant and the applicant's spouse, if any,

(i) the lesser of

(A) the annual income of the person referred to in subsection (2) of this section whose income decreased as determined in accordance with subsection (2) (b) of this section, or

(B) the annual income of that person as determined in accordance with section 9 (3) or (4), as applicable, and

(ii) the annual income of the applicant or the applicant's spouse, if any, determined in accordance with section 9 (3) or (4), if applicable;

(b) by deducting from the amount calculated under paragraph (a) the applicable amounts under section 9 (5).

(4) If the minister is satisfied that the family's adjusted annual income calculated under subsection (3) of this section will result in an increase in the amount of child care subsidy, the minister must redetermine the amount of child care subsidy using the family's adjusted annual income calculated under subsection (3) of this section as the basis for the calculation under section 8 [amount of subsidy].

(5) If an applicant is eligible for an increased amount of child care subsidy determined in accordance with subsection (4) of this section, the increased amount of child care subsidy may be paid as follows:

(a) in the case of a new applicant, from the first day of the month in which the parent completes an application under section 4;

(b) in all other cases, despite section 13 (1), from the first day of the month after the month in which the applicant requests an income review under this section.

(6) Despite section 9 (3),

(a) an applicant to or for whom an increased amount of child care subsidy is paid in accordance with this section must give to the minister a statement, in the form required by the minister, attesting to the estimated increased annual income of the person referred to in subsection (2) of this section whose income decreased if

(i) the income of that person increases, and

(ii) the family's adjusted annual income was calculated under subsection (3) of this section using the annual income of that person referred to in paragraph (a) (i) (A) of that subsection, and

(b) the minister may determine the annual income of the person based on that information.

(7) Despite section 9 (2), on receiving a statement referred to in subsection (6) of this section, if the minister is satisfied that the income increase may result in a decrease in the amount of child care subsidy, the minister must calculate the family's adjusted annual income as follows:

(a) by adding, for the applicant and the applicant's spouse, if any,

(i) the lesser of

(A) the annual income of the person referred to in subsection (6) of this section whose income increased determined in accordance with subsection (6) (b) of this section, or

(B) the annual income of that person determined in accordance with section 9 (3) or (4), as applicable, and

(ii) the annual income of the applicant or the applicant's spouse, if any, determined in accordance with section 9 (3) or (4), if applicable;

(b) by deducting from the amount calculated under paragraph (a) of this subsection, the applicable amounts under section 9 (5).

(8) If the minister is satisfied that the family's adjusted annual income calculated under subsection (7) of this section will result in a decrease in the amount of child care subsidy, the minister must redetermine the amount of child care subsidy using the family's adjusted annual income calculated under subsection (7) of this section as the basis for the calculation under section 8.

[en. B.C. Reg. 148/2018, App. 1, s. 7; am. B.C. Regs. 148/2019, s. 2; 228/2021, s. 4.]

Repealed

9.2   Repealed. [B.C. Reg. 143/2012, s. 5.]

Repealed

10   Repealed. [B.C. Reg. 148/2018, App. 1, s. 8.]

If child needs child care in more than one setting

11   Subject to section 11.1, if a child is receiving child care for which the minister may pay a child care subsidy in more than one child care setting listed in section 2, the minister may pay a child care subsidy for each of those child care settings.

[en. B.C. Reg. 148/2018, App. 1, s. 9.]

Access to preschool

11.1   (1) This section applies in relation to a child who has reached 29 months of age but who

(a) has not reached school age, or

(b) has reached school age but who is not enrolled in school.

(2) If the minister provides a child care subsidy for a child to attend 20 full days per month at a child care setting, other than a child care setting described in paragraph (a) to (d), (f) or (h) of the definition of "licensed child care setting" in section 1, the minister may provide an additional child care subsidy for that child to receive child care for up to 20 half days per month in a licensed preschool.

(3) The additional child care subsidy may be provided on the first day of the month in which a child reaches 29 months of age.

[en. B.C. Reg. 228/2021, s. 5.]

Applicant must be notified of outcome

12   (1) The minister must notify the applicant as to whether or not the application is approved.

(2) If the application is not approved, the notification must be in writing and must include the minister's reason for refusing to pay a child care subsidy.

Will a subsidy be paid for child care provided before completion of the application?

13   (1) A child care subsidy may be paid from the first day of the month in which the parent completes an application under section 4.

(2) If an administrative error has been made, a child care subsidy may be paid for child care provided in the 30 days before the parent completes an application under section 4.

[am. B.C. Reg. 337/2008, s. 4.]

Notifying the minister of change in circumstances

14   The notification required by section 5 (2) of the Act must be given in writing or by telephone,

(a) as soon as possible after any change in circumstances affecting the eligibility of the parent, and

(b) to an employee in the Child Care Service Centre.

[am. B.C. Regs. 337/2008, s. 5; 148/2018, App. 1, s. 10.]

Accounts and payment

15   (1) Child care providers must submit billing for child care subsidies to the minister in the manner and form specified by the minister.

(2) The minister must pay

(a) child care subsidies for child care described in section 2 (c) directly to the parent, and

(b) child care subsidies for child care described in section 2 (a), (b) or (b.1) directly to the child care provider.

(3) Despite subsections (1) and (2), a non-profit agency providing child care support services may pay the caregiver and submit accounts to the ministry for reimbursement.

(4) If a licence issued for a child care setting under the Community Care and Assisted Living Act is cancelled, the minister may accept, for up to 30 days after the date the licence is cancelled, billing for subsidized child care provided in that setting.

(5) No child care subsidy will be paid to a child care provider under subsection (2) (b) for a day on which the child care setting is closed, unless the day is a statutory holiday.

(6) In subsection (5), "statutory holiday" means any day, except Sunday, that is listed as a holiday in the Interpretation Act.

[am. B.C. Regs. 387/2004, s. 3; 281/2005, s. 10.]

If a child is absent or is withdrawn

16   (1) The minister may continue to pay a child care subsidy for child care provided in a licensed child care setting, a registered licence-not-required child care setting or a licence-not-required child care setting as follows:

(a) for a period of up to 2 weeks in one month but not for more than 4 weeks in total in one calendar year if a child is absent because the child is on vacation;

(b) for a period of up to 2 weeks in one month if the child is absent because the child or parent is ill.

(1.1) Despite subsection (1), if a child is absent for any reason, the minister may continue to pay a child care subsidy for any length of time for child care provided through a Young Parent Program as long as the parent is participating in the Young Parent Program.

(2) Unless the child care is provided through a Young Parent Program, the child care provider must record the reason for the absence in an attendance register.

(3) If a child for whom a child care subsidy is paid is withdrawn from a child care setting, other than the child's own home, at any time before the end of a month and the vacancy

(a) is filled before the end of the month, the minister may pay to the child care provider operating the child care setting the monthly child care subsidy prorated based on the number of days the child received child care, or

(b) is not filled before the end of the month, the minister may pay the following to the child care provider operating the child care setting:

(i) the monthly child care subsidy, if the child is withdrawn after the 15th of the month;

(ii) 1/2 of the monthly child care subsidy, if the child is withdrawn on or before the 15th of the month.

(4) Despite subsection (3) (b), if

(a) a child care subsidy is paid in relation to a child who is receiving child care through a Young Parent Program,

(b) the child is withdrawn from the child care setting at any time before the end of a month, and

(c) the vacancy is not filled before the end of the month,

the minister may pay the monthly child care subsidy to the child care provider operating the child care setting.

[am. B.C. Regs. 281/2005, s. 11; 148/2018, App. 1, s. 11; 148/2019, s. 3.]

Reconsideration of decisions

17   (1) A person who wishes the minister to reconsider a decision made under the Act must deliver to the Child Care Service Centre a request for reconsideration that

(a) is in the form specified by the minister, and

(b) is delivered within 20 business days after the person is notified of that decision.

(2) A request for reconsideration may be delivered under subsection (1) by mail or facsimile transmission to the Child Care Service Centre.

(3) A request for reconsideration that is mailed in accordance with subsection (2) is deemed to have been delivered 3 business days after the mailing date.

(4) If a request for reconsideration is not delivered in the time required by subsection (1),

(a) the person is deemed to have accepted the decision, and

(b) the decision is not open to review in a court or subject to appeal to a tribunal or other body.

(5) Within 10 business days after receiving a request for reconsideration under subsection (1), the minister must

(a) reconsider the decision, and

(b) provide the person who delivered the request with a written decision on the request.

(6) If a request for reconsideration is delivered under this section about a decision that results in a discontinuation or reduction of a child care subsidy, that decision is set aside until the minister

(a) reconsiders the decision, and

(b) provides the person who delivered the request with a written decision on the request.

(7) If a request for reconsideration is delivered under this section about a decision that results in a refusal of a child care subsidy, that decision stands until the minister

(a) reconsiders the decision, and

(b) provides the person who delivered the request with a written decision on the request.

[am. B.C. Regs. 262/2002, s. 6; 337/2008, s. 6; 148/2018, App. 1, s. 10.]

Status of decisions pending appeal

18   (1) In this section, "tribunal" means the Employment and Assistance Appeal Tribunal.

(2) If an appeal is commenced under section 84 of the Employment and Assistance Regulation about a decision that results in a discontinuation or reduction of a child care subsidy, the decision is set aside until the tribunal considers the appeal and delivers a decision to the appellant in accordance with that regulation.

(3) If an appeal is commenced under section 84 of the Employment and Assistance Regulation about a decision that results in a refusal to pay a child care subsidy, the decision stands until the tribunal considers the appeal and delivers a decision to the appellant in accordance with that regulation.

[en. B.C. Reg. 281/2005, s. 12.]

Prescribed Acts

19   The following Acts are prescribed for the purposes of section 7 (4) (b) of the Act:

(a) Employment and Assistance Act;

(b) Employment and Assistance for Persons with Disabilities Act.

[en. B.C. Reg. 262/2002, s. 8.]

Repealed

20   Repealed. [B.C. Reg. 281/2005, s. 13.]

Transition to new child care subsidy 2018

21   (1) In this section:

"current child care subsidy recipient" means a parent

(a) who is eligible for a child care subsidy for September 2018,

(b) to or for whom a child care subsidy is paid for June, July or August 2018, and

(c) who, on or before August 31, 2018, supplies the minister with the authorizations that will be required under section 4.1 [disclosure authorizations] as that section will read on September 1, 2018;

"new child care subsidy" means the monthly child care subsidy for a child receiving a type of child care as determined in accordance with sections 7, 8, 9 and 9.1 as those sections will read on September 1, 2018, for the type of child care the child is receiving;

"old child care subsidy" means the monthly child care subsidy for a child receiving a type of child care as determined in accordance with sections 7, 8, 9 and 10 as those sections read immediately before September 1, 2018, for the type of child care the child is receiving.

(2) This section applies in relation to a current child care subsidy recipient, unless

(a) a child care subsidy is paid for a child for June or July 2018, but not for August 2018, and

(b) the type of child care in respect of which the minister may pay a child care subsidy for September 2018 for the child is not the same type of child care for which the child care subsidy referred to in paragraph (a) is paid.

(3) If this section applies, the minister

(a) must determine whether the new child care subsidy is less than the old child care subsidy, and

(b) if the new child care subsidy is less, may pay the old child care subsidy in accordance with this section.

(4) This section applies in relation to a current child care subsidy recipient until the earlier of the following:

(a) any change in circumstances that affects the eligibility of the parent for a child care subsidy, other than a change of type of child care provided in the same type of child care setting;

(b) August 31, 2019.

(5) For certainty, if the only change in circumstances affecting the eligibility of the parent for a child care subsidy is a change of type of child care provided in the same type of child care setting, subsection (3) continues to apply.

[en. B.C. Reg. 148/2018, App. 2.]

Child care subsidy during COVID-19 emergency

22   (1) In this section:

"COVID-19 emergency" means the emergency that is the subject of

(a) the notice provided on March 17, 2020 by the provincial health officer under section 52 (2) of the Public Health Act, and

(b) the declaration of a state of emergency made on March 18, 2020, and any extension of that declaration, under section 9 of the Emergency Program Act;

"eligible child" means any of the following:

(a) a child in respect of whom a child care subsidy is being paid;

(b) a child in respect of whom a child care subsidy ceases to be paid for the month of March, April or May 2020;

(c) a child in respect of whom a child care subsidy is not being paid, if

(i) an application for the child care subsidy has been received by the minister, and

(ii) at the time the application was received, the requirements set out in sections 3 to 7 were met;

"end of the COVID-19 emergency" means the later of the following:

(a) the date on which the provincial health officer provides notice under section 59 (b) of the Public Health Act that the COVID-19 emergency has passed;

(b) the date on which the last extension of the declaration of a state of emergency, referred to in paragraph (b) of the definition of "COVID-19 emergency", expires or is cancelled.

(2) Subsection (3) applies if the minister is satisfied that, for a reason related to the COVID-19 emergency,

(a) an eligible child is or has been absent, for any period of time, from a child care setting described in section 2 (a), (b) or (b.1), or

(b) an eligible child's parent or parents, as the case may be, ceased to meet the requirements set out in section 3 on or after March 17, 2020.

(3) Despite section 3, the minister may, in respect of an eligible child, pay or continue to pay a child care subsidy for child care provided in a child care setting described in section 2 (a), (b) or (b.1) as follows:

(a) for a child referred to in paragraph (a) or (b) of the definition of "eligible child" in subsection (1) of this section, the minister may pay an amount based on the number of full days or number of half days, as defined in section 8 (1), in relation to child care the child was receiving immediately before a circumstance described in subsection (2) (a) or (b) of this section arose;

(b) for a child referred to in paragraph (c) of the definition of "eligible child" in subsection (1) of this section, the minister may pay an amount based on the number of full days or number of half days, as defined in section 8 (1), in relation to child care the child would have received but for a circumstance described in subsection (2) (b) of this section.

(4) Despite section 15 (5), no child care subsidy will be paid to a child care provider for child care provided in a child care setting described in section 2 (a), (b) or (b.1) for any day on which the child care setting is closed if the minister is satisfied that the closure is related to the COVID-19 emergency.

(5) This section ceases to apply as follows:

(a) if the end of the COVID-19 emergency occurs on or before the 15th day of a month, at the end of the month;

(b) if the end of the COVID-19 emergency occurs after the 15th day of a month, at the end of the following month.

[en. B.C. Reg. 88/2020; am. B.C. Reg. 104/2020.]

Definition and interpretation

1   (1) In this Schedule, "maximum benefit" means the amount set out in Column 3 of the applicable table for the type of child care for which a monthly child care subsidy is being determined.

(2) For the purposes of determining a monthly child care subsidy under this Schedule,

(a) the maximum benefit for a type of child care set out in Column 2 of a table in this Schedule applies on the first day of the month in which a child reaches the age of 19 months, 29 months and 37 months, as applicable, and

(b) if a child of school age is receiving a type of child care that is both within the meaning of care surrounding school day and the description of another type of child care, the maximum benefit for care surrounding school day applies.

Subsidy rates for licensed child care setting

2   The monthly child care subsidy for a child receiving a type of child care provided in a licensed child care setting is to be determined in accordance with the formula in paragraph (a), (b) or (c), as applicable, and the table in this section:

(a) if a family's adjusted annual income is more than $45 000 but less than or equal to $60 000, the amount of child care subsidy is to be determined in accordance with the following formula:

maximum benefit x

1 −

(family's adjusted annual income − 45 000) × 0.272 15 000

(b) if a family's adjusted annual income is more than $60 000 but less than or equal to $80 000, the amount of child care subsidy is to be determined in accordance with the following formula:

(c) if a family's adjusted annual income is more than $80 000 but less than $111 000, the amount of child care subsidy is to be determined in accordance with the following formula:

(0.728 × maximum benefit) x

1 −

(family's adjusted annual income − 80 000) 31 000

Table of Maximum Benefits

Subsidy rates for registered licence-not-required child care setting

3   If a family's adjusted annual income is more than $39 000 but less than $85 000, the monthly child care subsidy for a child receiving a type of child care provided in a registered licence-not-required child care setting is to be determined in accordance with the following formula and the table in this section:

maximum benefit x

1 −

(family's adjusted annual income − 39 000) 46 000

Table of Maximum Benefits

Subsidy rates for licence-not-required child care setting

4   If a family's adjusted annual income is more than $24 000 but less than $70 000, the monthly child care subsidy for a child receiving a type of child care provided in a licence-not-required child care setting is to be determined in accordance with the following formula and the table in this section:

maximum benefit x

1 −

(family's adjusted annual income − 24 000) 46 000

Table of Maximum Benefits

Subsidy rates for child care provided in child's own home

5   If a family's adjusted annual income is more than $24 000 but less than $70 000, the monthly child care subsidy for a child receiving a type of child care provided in the child's own home as described in section 2 (c) of the regulation is to be determined in accordance with the following formula and the table in this section:

maximum benefit x

1 −

(family's adjusted annual income − 24 000) 46 000

Table of Maximum Benefits