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[Updated to October 31, 1997]
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Contents |
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Section |
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Consequences of not searching for or not accepting employment | ||
WHEREAS British Columbians are committed to preserving a social safety net that is responsive to changing social and economic circumstances;
AND WHEREAS self-sufficiency, self-determination and the opportunity to work are fundamental to the quality of life for British Columbians and their communities;
AND WHEREAS individuals, families, communities, business, labour and governments share responsibility for economic security;
AND WHEREAS training and support enable British Columbians to develop skills and abilities so that they can participate fully in their communities;
AND WHEREAS income support 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:
Part 1 – Introductory Provisions
1 In this Act:
"applicant" means a person who applies for income assistance, hardship assistance or a benefit;
"benefit" means any form of assistance provided under this Act, other than income assistance, hardship assistance or financial assistance provided under section 5, and includes
(a) health benefits,
(b) homemaker services,
(c) access to training and other employment-related programs to promote independence,
(d) access to community living programs,
(e) access to residential programs,
(f) money for expenses incidental to receiving a service or participating in a program referred to in any of paragraphs (a) to (e),
(g) a financial supplement for senior citizens, and
(h) any other form of assistance specified by regulation;
"hardship assistance" means financial or other assistance provided under section 4;
"income assistance" means a support and shelter allowance provided under this Act;
"recipient" means a person to or for whom income assistance, hardship assistance or a benefit is provided;
"youth" means anyone who is 19 years of age or over but under 25 years of age.
2 (1) The Income Assistance Advisory Council may make recommendations to the minister about the provision of income assistance, hardship assistance and benefits.
(2) The council consists of not more than the number of members specified by regulation, all of whom are appointed by the minister.
(3) The minister must ensure that the various regions of British Columbia are represented among the members of the council and that the members include recipients and community agency members.
(4) The minister may set the term of office of each member of the council and may designate one member as the chair.
(5) The minister may, in accordance with the general directives of Treasury Board,
(a) reimburse the members for reasonable travelling and out-of-pocket expenses necessarily incurred by them in attending council meetings, and
(b) pay the members, for each day spent on the council's business, a fee set by the minister.
Part 2 – Assistance and Benefits
3 Subject to the regulations, the minister may provide to or for persons and their dependants either or both of the following:
(a) income assistance;
(b) benefits.
4 Subject to the regulations, the minister may provide hardship assistance to or for a person and their dependants if the person is not eligible for any of the following:
(a) income assistance;
(b) a youth allowance under the BC Benefits (Youth Works) Act;
(c) a disability allowance under the Disability Benefits Program Act.
5 The minister may provide financial assistance to a person or group of persons who undertake to provide a service or program that, in the minister's opinion, will promote the purposes of this Act.
6 The minister may establish or fund training or other employment-related programs for recipients, and their dependants, who have difficulty in finding or maintaining employment.
7 (1) Subject to the regulations under this Act and the regulations under the BC Benefits (Youth Works) Act, the minister may refer a recipient, or an adult dependant of a recipient, to a specific employability program established under the BC Benefits (Youth Works) Act, if
(a) the person being referred is a youth but is not eligible for a youth allowance under that Act because he or she
(i) has a dependant who is 25 years of age or over, or
(ii) is a dependant of someone who is 25 years of age or over, and
(b) the employability program might, in the minister's opinion, assist the youth in finding employment or becoming more employable or self-employable.
(2) The minister's authority under subsection (1) to refer a person 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 11 (3).
8 (1) For the purpose of determining or auditing eligibility for income assistance, hardship assistance 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 an applicant or recipient to supply the minister with information within the time and in the manner specified by the minister;
(b) seek verification of any information supplied to the minister by an applicant or recipient;
(c) direct an applicant or recipient to supply verification of any information supplied to the minister by the applicant or recipient.
(2) A recipient must notify the minister, in the manner and within the time specified by regulation, of any change of circumstances affecting the eligibility, under this Act, of the recipient or a dependant.
(3) If a person 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 person and any dependants ineligible for income assistance, hardship assistance or benefits until the person complies;
(b) reduce any income assistance or benefits provided to or for the person or a dependant.
9 (1) The minister may take action under subsection (2) if a recipient or adult dependant has
(a) failed to demonstrate reasonable efforts to search for suitable employment,
(b) failed to accept suitable employment,
(c) voluntarily left employment without just cause,
(d) been dismissed from employment for just cause,
(e) failed to demonstrate reasonable efforts to participate in a program to which he or she was referred under section 7, or
(f) ceased, except for medical reasons, to participate in that program.
(2) In the circumstances set out in subsection (1), the minister may do one or more of the following:
(a) declare the recipient and any dependants ineligible, for a period set by regulation, for income assistance, hardship assistance or benefits;
(b) reduce any income assistance or benefits provided to or for the recipient or a dependant.
(3) This section does not apply to any category of persons specified by regulation.
10 (1) The minister may take action under subsection (2) if, within one year before the date of application for income assistance, hardship assistance or a benefit or at any time while income assistance, hardship assistance or a benefit is being provided, an applicant or recipient or a dependant of either 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 applicant or recipient to be completely or partly independent of income assistance, hardship assistance or benefits;
(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 applicant or recipient and their dependants ineligible, for the period set by regulation, for income assistance, hardship assistance or benefits;
(b) reduce any income assistance or benefit provided to or for the applicant or recipient or a dependant of either.
(3) For the purposes of subsection (2), the minister may do one or more of the following:
(a) in determining the assets of a person 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 person 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.
11 (1) A person 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 income assistance, hardship assistance or a benefit to or for the person or a dependant;
(b) the discontinuance or reduction of any income assistance or benefit provided to or for the person or a dependant;
(c) the referral of the person or a dependant to an employability program under section 7 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), the person who made the request 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.
12 (1) If income assistance, hardship assistance or a 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 income assistance or hardship assistance 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 income assistance, hardship assistance or benefits.
(3) A repayment agreement may be entered into before or after income assistance, hardship assistance or a 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 income assistance 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 11 (3).
13 (1) Income assistance, hardship assistance and benefits are exempt from garnishment, attachment, execution or seizure under any Act.
(2) Subsection (1) does not prevent income assistance or benefits being retained by way of a deduction or set-off under this Act, the Financial Administration Act or a prescribed Act.
14 to 18 [Repealed 1997-15-1.]
19 (1) For the purposes of this Act, the minister may acquire and dispose of real or personal property.
(2) 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.
20 (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 prescribe forms, and
(b) the power to enter into an agreement under section 21 (2).
(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.
21 (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 social programs;
(b) a reciprocal agreement with the government of another province of Canada or an agency of that government about income assistance, hardship assistance, benefits 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 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.
22 (1) A person commits an offence who supplies, in an application under this Act or when directed or required under section 8 (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.
23 (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.
24 (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) specifying other forms of assistance for the purpose of the definition of "benefit";
(b) specifying, for the purposes of section 2, the maximum number of persons who may at any time be members of the Income Assistance Advisory Council;
(c) prescribing categories of income assistance, hardship assistance and benefits;
(d) specifying the items composing each category of benefits and the amount or cost for each item;
(e) respecting applications for income assistance, hardship assistance and benefits, and the information, authorizations and verifications that must be provided in support of those applications;
(f) defining persons or categories of persons who qualify for categories of income assistance, hardship assistance and benefits;
(g) governing eligibility for income assistance, hardship assistance, benefits and referrals under section 7;
(h) prescribing rules for determining the income and assets of applicants and recipients;
(i) prescribing rules for determining the rate or amount of income assistance, hardship assistance and benefits;
(j) regulating the time and manner of providing income assistance, hardship assistance and benefits;
(k) specifying conditions on which income assistance, hardship assistance and benefits may be provided, and the consequences of failing to comply with those conditions;
(l) respecting the duty to notify the minister under section 8 (2);
(m) respecting the duties of persons who administer income assistance or benefits received by them for others;
(n) setting the period for which persons may be declared ineligible, under section 9 (2) or 10 (2) or under the regulations, for income assistance, hardship assistance and benefits.
(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) governing the conditions subject to which and the amounts by which income assistance and benefits may be reduced under section 8 (3), 9 (2) or 10 (2);
(b) prescribing additional circumstances in which the minister may declare persons ineligible for, or may reduce, income assistance, hardship assistance and benefits;
(c) specifying categories of persons to whom section 9 does not apply;
(d) specifying time limits and other rules for the purposes of section 11 (2);
(e) respecting reinstatement of income assistance and benefits pending reconsiderations and appeals;
(f) governing investigations and audits to determine eligibility for income assistance, hardship assistance and benefits and to ensure compliance with this Act and the regulations;
(g) prescribing, for the purpose of section 12 (2), the circumstances in which repayment agreements may be entered into or assignments accepted, and the terms to be included in those agreements or assignments;
(h) prescribing enactments for the purposes of sections 12 (4) and 13 (2);
(i) [Repealed 1997-15-2.]
(j) [Repealed 1997-15-2.]
(k) respecting service of documents or the giving of notice under this Act or the regulations;
(l) respecting terms or conditions that are to be included in information-sharing agreements under section 21 (2);
(m) respecting the delegation of the powers, duties and functions of the minister;
(n) defining any word or expression used in this Act or the regulations.
(4) 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.
24.1 (1) The Lieutenant Governor in Council may make regulations governing the assignment of maintenance rights and the recovery of the amount of income assistance provided in place of maintenance, including the following regulations:
(a) prescribing categories of persons who are not eligible for income assistance 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 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 income assistance provided in place of maintenance while the assignment is in effect;
(g) respecting the method of accounting to a recipient 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 persons and their dependants, and
(ii) resolving any transitional problems encountered in applying a regulation made under this section to persons who are recipients of income assistance 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) income assistance was provided to or for the person who becomes 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 person who became eligible for income assistance as a result of the assignment ceases to receive income assistance.
(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 person 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 person who made the assignment would have had.
(5) While an assignment of maintenance rights is in effect, the person 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.
25 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.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada