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BC BENEFITS (YOUTH WORKS) ACT

[RSBC 1996] CHAPTER 28

[Updated to October 31, 1997]

Contents

Section

 

1

Definitions

 

2

Employability programs and grants

 

3

Referrals to employability programs

 

4

Youth allowances and benefits

 

5

Consequences of not participating in programs, not accepting employment, etc.

 

6

Consequences of not accepting or of disposing of property

 

7

Information and verification

 

8

Reconsiderations and appeals

 

9

Overpayments, repayments and assignments

 

10

No garnishment, attachment, execution or seizure

 

11

Delegation of minister's powers and duties

 

12

Agreements

 

13

Offence of supplying false or misleading information

 

14

Other provisions relating to offences

 

15

Power to make regulations

 

15.1

Eligibility and assignment of maintenance rights

 

16

Forms

 

17

Transitional regulations

 

18

Commencement

Preamble

WHEREAS British Columbians are committed to preserving a social safety net that is responsive to changing social and economic circumstances;

AND WHEREAS individuals, families, communities, business, labour and governments share responsibility for economic security;

AND WHEREAS employable youth have responsibility for striving to achieve the self-sufficiency and financial independence that come from employment;

AND WHEREAS youth may need assistance to overcome barriers to employment caused by lack of work experience and skills;

AND WHEREAS training, support and early involvement in the work force enable youth to gain such experience and skills;

AND WHEREAS youth works programs should be financially and administratively accountable, effective, efficient and well coordinated;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"benefit" means any type of support, except a youth allowance, provided under this Act

(a) to assist youth to participate in an employability program or to obtain employment, or

(b) to supplement a youth allowance;

"employability program" means a program to facilitate entry into the work force, and includes, but is not limited to, any of the following categories of programs:

(a) job search;

(b) training and employability assessment;

(c) basic education;

(d) employment readiness;

(e) self-employment readiness;

(f) workplace training;

"youth" means a person who is 19 years of age or over but under 25 years of age;

"youth allowance" means a support and shelter allowance provided under this Act.

Employability programs and grants

2 The minister may

(a) establish employability programs, and

(b) make grants to a person or group of persons who undertake to provide youth with employability programs.

Referrals to employability programs

3 (1) Subject to the regulations, the minister may refer a youth to a specific employability program that, in the minister's opinion, might assist the youth in

(a) finding employment, or

(b) becoming more employable or self-employable.

(2) The minister's authority to refer a youth to a specific employability program includes the authority to alter or refuse a referral.

(3) A decision made under this section is not open to review in a court or to appeal under section 8 (3).

Youth allowances and benefits

4 (1) Subject to the regulations, the minister may provide a youth allowance or benefit, or both, to or for a youth and any dependants

(a) if the youth is

(i) participating in an employability program to which the minister has referred the youth,

(ii) temporarily excused by the minister, for health or other reasons specified by regulation, from participating in an employability program, or

(iii) employed or self-employed, and

(b) if any dependant who is also a youth meets one of the requirements of paragraph (a).

(2) If a youth, or a dependant who is also a youth, is employed or self-employed and is referred under section 3 to an employability program, the minister may refuse to provide a youth allowance or benefit unless the employed or self-employed youth participates in that program.

Consequences of not participating in programs, not accepting employment, etc.

5 (1) The minister may take action under subsection (2) if a youth, or a dependant who is also a youth, has

(a) failed to demonstrate reasonable efforts to participate in an employability program to which he or she was referred by the minister,

(b) ceased, except for medical reasons, to participate in an employability program to which he or she was referred by the minister,

(c) failed to accept suitable employment,

(d) voluntarily left employment without just cause,

(e) been dismissed from employment for just cause, or

(f) ceased, without good reason, to be self-employed.

(2) In the circumstances set out in subsection (1), the minister may do one or more of the following:

(a) declare the youth and any dependants ineligible, for a period set by regulation, for a youth allowance or benefit;

(b) reduce any youth allowance or benefit provided to or for the youth or a dependant.

Consequences of not accepting or of disposing of property

6 (1) The minister may take action under subsection (2) if, within one year before the date of application for a youth allowance or benefit or at any time while a youth allowance or a benefit is being provided, a youth or a dependant of the youth has done any of the following:

(a) failed to accept or pursue income, assets or other means of support that would, in the minister's opinion, enable the youth to be completely or partly independent of that allowance or benefit;

(b) disposed of property for consideration that, in the minister's opinion, is inadequate;

(c) disposed of property to reduce assets.

(2) In the circumstances set out in subsection (1), the minister may do one or more of the following:

(a) declare the youth and any dependants ineligible, for a period set by regulation, for a youth allowance or benefit;

(b) reduce any youth allowance or benefit provided to or for the youth or a dependant.

(3) For the purposes of subsection (2), the minister may do one or more of the following:

(a) in determining the assets of a youth who has, or whose dependant has, failed to accept or pursue an asset referred to in subsection (1) (a) or disposed of property as described in subsection (1) (b) or (c), include that asset or property as though it had been accepted, pursued or retained;

(b) in determining the income of a youth who has, or whose dependant has, failed to accept or pursue income or other means of support referred to in subsection (1) (a), include that income or other means of support as though it had been accepted or pursued.

Information and verification

7 (1) For the purpose of determining or auditing eligibility for youth allowances or benefits or referring youth to employability programs or auditing their participation in those programs, the minister may do one or more of the following:

(a) direct a youth who has applied for a youth allowance or benefit, or to or for whom a youth allowance or benefit is provided, to supply the minister with information within the time and in the manner specified by the minister;

(b) seek verification of any information supplied by a youth referred to in paragraph (a);

(c) direct a youth referred to in paragraph (a) to supply verification of any information supplied by that youth.

(2) A youth to or for whom a youth allowance or benefit is provided must notify the minister, in the manner and within the time specified by regulation, of any change in circumstances affecting the eligibility, under this Act, of the youth or a dependant.

(3) If a youth fails to comply with a direction under subsection (1) (a) or (c) or with subsection (2), the minister may do one or more of the following:

(a) declare the youth and any dependants ineligible for a youth allowance or benefit until the youth complies;

(b) reduce any youth allowance or benefit provided to or for the youth or a dependant.

Reconsiderations and appeals

8 (1) A youth may request the minister to reconsider a decision made under this Act or the regulations about any of the following:

(a) the refusal to provide a youth allowance or benefit to or for the youth or a dependant;

(b) the discontinuance or reduction of a youth allowance or benefit provided to or for the youth or a dependant;

(c) the referral of the youth or a dependant to an employability program or the alteration or refusal of a referral.

(2) The request must be made, and the decision reconsidered, within the time limits and in accordance with any rules specified by regulation.

(3) If dissatisfied with the outcome of a request to reconsider a decision referred to in subsection (1) (a) or (b), except a decision about a benefit designated under subsection (5), a youth may appeal from the decision that was the outcome of the request to a tribunal appointed under the BC Benefits (Appeals) Act.

(4) The right to appeal given by subsection (3) is subject to the time limits and other requirements set out in the BC Benefits (Appeals) Act and the regulations under that Act.

(5) The Lieutenant Governor in Council may designate by regulation categories of benefits that are not open to appeal.

Overpayments, repayments and assignments

9 (1) If a youth allowance or benefit is provided to or for a person who is not entitled to it, that person is liable to repay to the government the amount of the allowance or the value of the benefit to which the person was not entitled.

(2) Subject to the regulations, the minister may enter into an agreement, or may accept any right assigned, for the repayment of a youth allowance or benefit.

(3) A repayment agreement may be entered into before or after a youth allowance or benefit is provided.

(4) An amount that a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is a debt due to the government and may

(a) be recovered by it in a court of competent jurisdiction, or

(b) be deducted by it from any subsequent youth allowance or benefit of that person or from an amount payable to that person by the government under a prescribed enactment.

(5) The minister's decision about the amount a person is liable to repay under subsection (1) or under an agreement entered into under subsection (2) is not open to appeal under section 8 (3).

No garnishment, attachment, execution or seizure

10 (1) Youth allowances and benefits are exempt from garnishment, attachment, execution or seizure under any Act.

(2) Subsection (1) does not prevent a youth allowance or benefit being retained by way of a deduction or set-off under this Act, the Financial Administration Act or a prescribed Act.

Delegation of minister's powers and duties

11 (1) Subject to the regulations, the minister may delegate to any person or class of persons any or all of the minister's powers, duties and functions under this Act or the regulations, except

(a) the power to enter into an agreement under section 12 (2), and

(b) the power to prescribe forms.

(2) A delegation of the powers, duties or functions of the minister must be in writing and may include any limits or conditions the minister considers advisable.

Agreements

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

(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 youth allowances, benefits and employability programs;

(b) a reciprocal agreement with the government of another province of Canada, or an agency of that government, relating to youth allowances, benefits and employability 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 province or jurisdiction,

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

(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 only be entered into under subsection (2) for the purposes of the administration 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, agency, public body or legal entity referred to in subsection (2) (c).

(4) 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.

Offence of supplying false or misleading information

13 (1) A person commits an offence who supplies, in an application under this Act or when directed or required under section 7 (1) or (2) or the regulations, information that is false or misleading with respect to a material fact.

(2) A person does not commit an offence under subsection (1) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

(3) A person who commits an offence under this section is liable on conviction to a fine of not more than $2 000 or to imprisonment for not more than 6 months or to both.

(4) In addition, the court may order a person convicted of an offence under this section to pay the government all or part of any amount that person received under this Act as a result of committing the offence.

Other provisions relating to offences

14 (1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) The time limit for laying an information for an offence under this Act is 12 months after the facts on which the information is based first came to the minister's attention.

(3) A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based,

(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(b) is proof of the certified facts unless there is evidence to the contrary.

Power to make regulations

15 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) excepting from the application of this Act, or any provision of this Act or the regulations, any group or category of youth and their dependants;

(b) respecting applications for youth allowances and benefits, and the information, authorizations and verifications that must be provided in support of the application;

(c) specifying the categories of benefits that may be provided under this Act, the items composing each category and the amount or cost for each item;

(d) governing eligibility for youth allowances, benefits and employability programs;

(e) specifying, for the purposes of section 4, reasons for temporarily excusing youth or their dependants from participating in employability programs;

(f) prescribing rules for determining the income and assets of persons who apply for youth allowances or benefits and persons to or for whom they are provided;

(g) prescribing rules for determining the rate or amount of a youth allowance or benefit;

(h) regulating the time and manner of providing youth allowances and benefits;

(i) designating the categories of employability programs to which youth may be referred by the minister and prescribing rules governing referrals;

(j) limiting the number of times or the period or periods for which a youth may participate in an employability program;

(k) specifying conditions on which youth allowances and benefits may be provided, and the consequences of failing to comply with those conditions;

(l) respecting the duties of persons who administer youth allowances and benefits received by them for others;

(m) declaring that specified provisions of any other enactment apply to a youth to or for whom a youth allowance or benefit is provided;

(n) designating categories of persons who, despite their age, are considered to be youth for the purposes of this Act or of specified provisions of this Act or the regulations;

(o) setting the period for which persons may be declared ineligible, under section 5 (2) or 6 (2) or under the regulations, for youth allowances and benefits;

(p) governing the conditions subject to which and the amounts by which youth allowances and benefits may be reduced under section 5 (2), 6 (2) or 7 (3);

(q) prescribing additional circumstances in which the minister may declare persons ineligible for youth allowances and benefits or may reduce youth allowances and benefits;

(r) respecting the duty to notify the minister under section 7 (2);

(s) specifying time limits and other rules for the purposes of section 8 (2);

(t) respecting reinstatement of youth allowances and benefits pending reconsiderations and appeals;

(u) prescribing, for the purpose of section 9, the circumstances in which repayment agreements may be entered into or assignments accepted, and the terms to be included in those agreements or assignments;

(v) prescribing enactments for the purposes of sections 9 (4) (b) and 10 (2);

(w) respecting terms and conditions that are to be included in information-sharing agreements under section 12 (2);

(x) governing investigations and audits to determine eligibility for youth allowances and benefits or to ensure compliance with this Act and the regulations;

(y) respecting the delegation of the powers, duties and functions of the minister;

(z) defining any word or expression used in this Act.

(3) In making regulations under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different regulations for different groups or categories of persons.

Eligibility and assignment of maintenance rights

15.1 (1) The Lieutenant Governor in Council may make regulations governing the assignment of maintenance rights and the recovery of the amount of youth allowance provided in place of maintenance, including the following regulations:

(a) prescribing categories of youth who are not eligible for a youth allowance unless they and their dependants assign to the minister any maintenance rights that

(i) they have respecting maintenance for themselves or a dependent child, and

(ii) are specified under paragraph (b);

(b) specifying the maintenance rights that are to be assigned to the minister, including, but not limited to, any of the following rights:

(i) to make an application under an enactment of British Columbia for a maintenance order;

(ii) to enter into a maintenance agreement;

(iii) to make or defend an application for variation of a maintenance order or maintenance agreement;

(iv) to receive payment under

(A) a maintenance order made under the Divorce Act (Canada) or otherwise, or

(B) a maintenance agreement;

(v) to enforce a maintenance order or maintenance agreement;

(vi) to file a maintenance order or maintenance agreement under the Family Maintenance Enforcement Act;

(c) governing how and to whom notice of an assignment of maintenance rights must be given;

(d) governing how long an assignment of maintenance rights remains in effect for different categories of maintenance rights;

(e) prescribing terms that are to be included in an assignment of maintenance rights and the consequences of failure to comply with those terms;

(f) determining the amounts that may

(i) be deducted from maintenance payments received under an assignment of maintenance rights, and

(ii) be retained by the government,

to recover the amount of youth allowance provided in place of maintenance while the assignment is in effect;

(g) respecting the method of accounting to a youth for payments received under an assignment of maintenance rights and for deductions made from those payments;

(h) respecting any matter considered necessary or advisable for

(i) phasing in the application of a regulation made under this section to any category of youth and their dependants, and

(ii) resolving any transitional problems encountered in applying a regulation made under this section to youth who are being provided with a youth allowance when that regulation comes into force.

(2) A regulation under subsection (1) (b) (iv) may specify that the minister be assigned the right to receive arrears of maintenance that are paid while the assignment is in effect, even though the arrears accrued before

(a) the regulation came into force, or

(b) a youth allowance was provided to or for the youth who became eligible as a result of the assignment.

(3) A regulation under subsection (1) (d) may provide that an assignment of maintenance rights remains in effect for a specified period after the youth who became eligible for a youth allowance as a result of the assignment ceases to receive that allowance.

(4) While an assignment of maintenance rights is in effect, the minister

(a) may make an application or bring a proceeding relating to the assigned rights in the name of the government or in the name of the youth or dependant who made the assignment, and

(b) has the same right to be notified and to participate in any proceedings relating to the assigned rights that, but for that assignment, the youth or dependant who made the assignment would have had.

(5) While an assignment of maintenance rights is in effect, the youth or dependant who made the assignment is not entitled to exercise any of the assigned rights

(a) except to the extent authorized in writing by the minister, and

(b) subject to any terms or conditions specified in the authorization.

Forms

16 The minister may do either or both of the following:

(a) prescribe forms for use under this Act;

(b) specify forms for use under this Act.

Transitional regulations

17 The Lieutenant Governor in Council may make regulations considered necessary or advisable to more effectively bring this Act into operation and to facilitate the transition from the operation of the Guaranteed Available Income for Need Act to the operation of this Act.

Commencement

18 This Act comes into force by regulation of the Lieutenant Governor in Council.