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Volume 64, No. 14
189/2021
The British Columbia Gazette, Part II
July 13, 2021

B.C. Reg. 189/2021, deposited July 12, 2021, under the ADOPTION ACT [sections 91 and 92], the EMPLOYMENT AND ASSISTANCE ACT [section 35] and the EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26]. Order in Council 445/2021, approved and ordered July 12, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective October 4, 2021,

(a) the Adoption Fees Regulation, B.C. Reg. 293/96, is amended as set out in the attached Appendix 1,

(b) the Adoption Regulation, B.C. Reg. 291/96, is amended as set out in the attached Appendix 2,

(c) the Employment and Assistance Regulation, B.C. Reg. 263/2002, is amended as set out in the attached Appendix 3, and

(d) the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, is amended as set out in the attached Appendix 4.

— M. DEAN, Minister of Children and Family Development; S. ROBINSON, Presiding Member of the Executive Council.

Appendix 1

1 Section 4 (b) of the Adoption Fees Regulation, B.C. Reg. 293/96, is amended by striking out "paragraphs (a), (b) and (c)" and substituting "paragraphs (a) and (b)".

Appendix 2

1 Sections 3 (1) (f) and 7 (1) (e) of the Adoption Regulation, B.C. Reg. 291/96, are amended by striking out "behavioral" and substituting "behavioural".

2 Section 10.1 and Schedules 1, 1A, 1B and 2 are amended by striking out "the Adoption Act" and substituting "the Act".

3 The heading to Part 6 is repealed and the following substituted:

Part 6 – Financial Assistance and other Assistance .

4 Section 26 is repealed and the following substituted:

Definitions

26 (1) In this Part:

"designated child" means a child

(a) who

(i) is

(A) in the continuing custody of a director of child protection,

(B) transferred to the care and custody of a director under the Act,

(C) under the personal guardianship of a director of child protection under section 51 of the Infants Act, or

(D) under the guardianship of a director under the Act, or

(ii) was adopted and is under the guardianship of the adoptive parent or of a person who is a guardian under the Family Law Act, and previously came within subparagraph (i) (A), (B), (C), or (D),

(b) who has

(i) subject to subsection (2), a special service need because of

(A) a diagnosed physical disability or mental disability or both,

(B) a diagnosed emotional disturbance or behavioural disturbance or both,

(C) a high risk of developing a physical disability or mental disability or both, or

(D) a high risk of developing an emotional disturbance or behavioural disturbance, or both, due to pre-natal or post-natal history, or

(ii) a special placement need because

(A) of the age of the child,

(B) the child is a member of family group that should be placed together, either jointly or successively,

(C) the child has established significant emotional ties with a person who proposed to adopt the child, or

(D) the child has cultural ties that require a culturally compatible placement or support, and

(c) who is designated by a director as a designated child on meeting the criteria set out in paragraphs (a) and (b);

"support service", with respect to a designated child, means

(a) a service related to the special service needs of the designated child, as described in paragraph (b) (i) of the definition of "designated child", or

(b) a service provided to the family of the designated child, including one or more of the following:

(i) homemaking;

(ii) respite;

(iii) parenting programs or other training that pertains to the care of the designated child;

(iv) counselling.

(2) A child has a special service need for the purposes of paragraph (b) (i) of the definition of "designated child" if the child

(a) is demonstrated as having the special service need before the child is adopted, and

(b) is diagnosed with, or recognized by a director as having, the special service need either before or after the child is adopted.

5 Section 27 is repealed and the following substituted:

Eligibility for financial assistance or other assistance

27 (1) Subject to sections 27.2 to  29, a person is eligible for financial assistance or other assistance under section 80 of the Act as follows:

(a) respecting maintenance payments, if the person

(i) proposes to adopt a child who

(A) is placed for adoption with the person by a director, and

(B) comes within

(I) paragraph (a) (i),

(II) paragraph (b) (ii) (B), (C) or (D), and

(III) paragraph (c)

of the definition of "designated child",

(ii) has adopted a child who

(A) was placed for adoption with the person by a director, and

(B) comes within

(I) paragraph (a) (ii),

(II) paragraph (b) (ii) (B), (C) or (D), and

(III) paragraph (c)

of the definition of "designated child", or

(iii) is a guardian under the Family Law Act of a child who

(A) was placed for adoption by a director under the Act, and

(B) comes within

(I) paragraph (a) (ii),

(II) paragraph (b) (ii) (B), (C) or (D), and

(III) paragraph (c)

of the definition of "designated child";

(b) respecting the provision of or payment for support services, if

(i) the person

(A) proposes to adopt a designated child who is placed for adoption with the person by a director,

(B) has adopted a designated child who was placed for adoption with the person by a director, or

(C) is a guardian under the Family Law Act of a designated child who was placed for adoption by a director under the Act, and

(ii) the person has a demonstrated need for the support services.

(2) A person seeking financial assistance or other assistance under section 80 of the Act must

(a) apply to a director in the form specified by the director,

(b) include as part of the application the documents required by the director, and

(c) if requested by a director, provide any other documents or information related to the application in a form and manner satisfactory to the director. 

6 The following section is added:

Asset and income limits

27.2 (1) In this section, section 28 and Schedule 4:

"BC Assessment" means the British Columbia Assessment Authority continued under the Assessment Authority Act;

"dependent person" with respect to a designated child's family unit, means

(a) the designated child,

(b) a child placed for adoption under section 4 of the Act with a member of the family unit, or

(c) a person

(i) whose parent is a member of the family unit, and

(ii) who is

(A) under 19 years of age and financially dependent on a member of the family unit, or

(B) 19 years of age or older and

(I) unable, because of illness, disability or another reason acceptable to a director, to obtain the necessaries of life or withdraw from the charge of the person's parent, or

(II) financially dependent on a member of the family unit and attending an educational or vocational program or institution,

but does not include a child

(C) in relation to whom a member of the family unit has entered into an agreement as a caregiver under section 77.2 of the Act,

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

(E) in relation to whom a member of the family unit, 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,

(F) of whom a member of the family unit 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,

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

(H) 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 a member of the family unit is the relative with whom that child resides, or

(I) who is receiving assistance under a program, similar in nature to the program referred to in subparagraph (viii), provided

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

(II) by the Nisga'a Nation or a treaty first nation and a member of the family unit is the relative with whom that child resides;

"family unit" means

(a) a person applying for financial assistance or other assistance under section 27 (2) in respect of a designated child, and

(b) the person's spouse, if the person has a spouse;

"financial institution" has the same meaning as in

(a) section 1 (1) of the Financial Institutions Act, or

(b) section 3 of the Office of the Superintendent of Financial Institutions Act (Canada);

"notice of assessment" means the notice of assessment issued to an individual by the Canada Revenue Agency under the Income Tax Act (Canada);

"notice of reassessment" means the notice of reassessment issued to an individual by the Canada Revenue Agency under the Income Tax Act (Canada);

"parent" includes

(a) a guardian, other than the following:

(i) a director;

(ii) an administrator;

(iii) a director of child protection;

(iv) the Public Guardian and Trustee, and

(b) another person who stands in the place of a parent but, with respect to a designated child, does not include a person who is a prospective adoptive parent of the designated child;

"parenting time" has the same meaning as in section 42 of the Family Law Act;

"reside" has the same meaning as in section 2 (1).

(2) Two persons are spouses of each other for the purposes of this section and section 28 if

(a) they reside together and are married to each other,

(b) they reside together and declare to a director that they are in a marriage-like relationship, or

(c) they have resided together for at least the previous 12 consecutive months and the director is satisfied that the relationship demonstrates

(i) financial dependence or interdependence, and

(ii) social and familial interdependence consistent with a marriage-like relationship.

(3) For the purposes of the definition of "family unit" in subsection (1), if a designated child has 2 parents who are not spouses of each other and each parent has parenting time with the designated child, each parent may be a person applying for financial assistance or other assistance under section 27 (2) in respect of the designated child.

(4) Maintenance payments in respect of a designated child are not available if either or both of the following apply respecting the designated child's family unit:

(a) the total net income of the family unit, as determined under subsection (6) or (7), as applicable, exceeds the maximum amount of net income set out in the table titled "Net Income Threshold and Maintenance Payment Table" in Schedule 4 that corresponds with the age of the designated child and the number of dependent persons whose parent or prospective adoptive parent is a member of the family unit;

(b) the family unit has gross assets with a total value of more than $300 000.

(5) The provision of or payment for support services is not available if the designated child's family unit has gross assets with a total value of more than $300 000.

(6) For the purposes of subsection (4) (a), the family unit's total net income is determined as follows:

(a) if the person applying for financial assistance or other assistance under section 27 (2) in respect of the designated child does not have a spouse, the family unit's total net income is

(i) the amount reported on line 23600 of the person's most recent notice of assessment, if there has been no notice of reassessment for that year, which notice of assessment must not be for a taxation year more than 2 years previous to the year the application is made, or

(ii) the amount reported on line 23600 of the notice of reassessment, if there was a notice of reassessment;

(b) if the person referred to in paragraph (a) has a spouse, the sum of

(i) the amount referred to in paragraph (a) (i) or (ii), as applicable, and

(ii) the amount reported on line 23600 of

(A) the spouse's most recent notice of assessment, if there has been no notice of reassessment for that year, which notice of assessment must not be for a taxation year more than 2 years previous to the year the application is made, or

(B) the spouse's notice of reassessment if there was a notice of reassessment.

(7) Despite subsection (6), if the income of a member of the family unit has increased or decreased significantly since the most recent notice of assessment or notice of reassessment, as applicable, or if a notice of assessment as set out in subsection (6) (a) (i) or (b) (ii) (A) is not available,

(a) the member of the family unit must provide to a director

(i) a statement, in the form required by the director, attesting to,

(A) in the case of the income increasing or decreasing, the estimated increase or decrease as projected for the rest of the calendar year, or

(B) in the case of the notice of assessment not being available, the total income from all sources, except sources that would not be required to be reported on line 23600 of a notice of assessment, for the year previous to the year the application is made, and

(ii) any documents or information related to the matters referred to in subparagraph (i) requested by the director, and

(b) the director may determine the total net income of the family unit based on the statement, documents and information.

(8) For the purposes of subsections (4) (b) and (5), the total value of the gross assets of the family unit is the sum of all of the following that apply:

(a) the sum of the value, according to the most recent annual property assessment by BC Assessment, of all real estate in British Columbia owned by the members of the family unit, either separately or jointly with each other or with another person, except

(i) the family unit's primary residence, and

(ii) any real estate used to generate the family unit's primary source of income;

(b) the sum of the value of all real estate in jurisdictions other than British Columbia owned by the members of the family unit, either separately or jointly with each other or with another person, according to the most recent annual property assessment by the equivalent of BC Assessment in those jurisdictions or, if there is no equivalent of BC Assessment, according to another method of valuation the director considers satisfactory, except

(i) the family unit's primary residence, and

(ii) any real estate used to generate the family unit's primary source of income;

(c) the sum of the fair market value of all motor vehicles, boats and aircraft, owned by the members of the family unit, either separately or jointly with each other or with another person, except

(i) one motor vehicle generally used for day-to-day transportation needs, and

(ii) any motor vehicles, boats or aircraft used for the primary purpose of generating income;

(d) subject to subsection (9), any amount over $5 000 in the sum of all cash on hand owned by the members of the family unit;

(e) subject to subsection (9), the sum of all money held in deposit accounts, other than accounts that are used for the day-to-day expenses of the family unit, by the members of the family unit, either separately or jointly with each other or with another person;

(f) subject to subsection (9), the sum of all money held in tax-free savings accounts within the meaning of the Income Tax Act (Canada) by the members of the family unit, either separately or jointly with each other or with someone else;

(g) subject to subsection (9), the sum of all money held in accounts in a foreign jurisdiction, that are substantially similar to the tax-free savings accounts referred to in paragraph (f), by the members of the family unit, either separately or jointly with each other or with someone else;

(h) the market value of all investment assets at financial institutions held by members of the family unit, either separately or jointly with each other or someone else, not including the funds held within an investment that is

(i) a registered retirement savings plan,

(ii) a registered education savings plan,

(iii) a registered disability savings plan,

(iv) a locked-in retirement account,

(v) a registered retirement income fund, or

(vi) with respect to a foreign jurisdiction, substantially similar to a savings plan referred to in subparagraph (i), (ii) or (iii).

(9) For the purposes of subsections (4) (b) and (5), the total value of the gross assets of the family unit does not include the following:

(a) money that is

(i) paid to a member of the family unit by

(A) a local government,

(B) the government of British Columbia,

(C) the government of Canada, or

(D) the Public Guardian and Trustee, and

(ii) paid

(A) to provide financial assistance to the family unit, a member of the family unit, or a child,

(B) in respect of a child, from property that comes into the control of, or is held by, the Public Guardian and Trustee,

(C) as compensation for injury, harm or damage, as part of a settlement agreement with a local government, the government of British Columbia or the government of Canada, or

(D) in recognition of a sacrifice or contribution to society by the family unit or a member of the family unit;

(b) a tax credit.

7 Section 28 is amended

(a) by repealing subsection (1),

(b) in subsections (2) and (3) by striking out "parent" and substituting "parent or prospective adoptive parent",

(c) in subsection (4) by striking out "Financial assistance" and substituting "Subject to subsections (5.1), (5.2) and (6.1), financial assistance",

(d) in subsection (5) by striking out "may vary, but",

(e) by adding the following subsections:

(5.1) If maintenance payments are made in respect of a designated child, the maintenance payments must be made

(a) to the person in the designated child's family unit who applied for the financial assistance or other assistance under section 27 (2), and

(b) monthly in the amount set out in the table titled "Net Income Threshold and Maintenance Payment Table" in Schedule 4 under the heading "Maintenance Payment Amount" that corresponds with

(i) the age of the designated child and the number of dependent persons whose parent or prospective adoptive parent is a member of the family unit, and

(ii) the family unit's total net income, as determined under section 27.2 (6) or (7), as applicable, and set out in that table.

(5.2) If maintenance payments are made in respect of a designated child who has 2 parents who are not spouses of each other and each parent has parenting time with the designated child, the maintenance payments must be made

(a) to the person in each family unit who applied for the financial assistance or other assistance under section 27 (2), and

(b) monthly in the amount determined for each family unit under subsection (5.1) (b), multiplied by the percentage of parenting time the parent within each family unit has with the designated child. ,

(f) in subsection (6) by striking out "Payment for services related to the special needs of the designated child" and substituting "Payment for support services related to the special service needs of the designated child", and

(g) by adding the following subsections:

(6.1) If the provision of or payment for support services is made in respect of a designated child who has 2 parents who are not spouses of each other and each parent has parenting time with the child, the provision of or payment for support services must

(a) be made to the person in each family unit who applied for the financial assistance or other assistance under section 27 (2), and

(b) account for the percentage of parenting time each parent has with the child.

(6.2) For the purposes of this section, if a designated child has 2 parents who are not spouses of each other and each parent has parenting time with the child, the percentage of parenting time each parent has with the child is presumed to be 50 percent, unless a person applying for financial assistance or other assistance under section 27 (2) in respect of the designated child provides satisfactory evidence to the contrary.

8 Section 30.1 is repealed.

9 The following Schedule is added:

Schedule 4

(sections 27.2 and 28)

Form page 1

Form page 2

Appendix 3

1 Section 11 (1) (w), section 1 (a) (xviii) of Schedule B and section 6 (p) of Schedule D of the Employment and Assistance Regulation, B.C. Reg. 263/2002, are amended by striking out "post adoption assistance payments provided under section 28 (1) or 30.1 of the Adoption Regulation" wherever it appears and substituting "financial assistance payments provided under Part 6 of the Adoption Regulation".

Appendix 4

1 Section 10 (1) (w), section 1 (a) (xviii) of Schedule B and section 6 (p) of Schedule D of the Employment and Assistance for Persons with Disabilities Regulation, B.C. Reg. 265/2002, are amended by striking out "post adoption assistance payments provided under section 28 (1) or 30.1 of the Adoption Regulation" wherever it appears and substituting "financial assistance payments provided under Part 6 of the Adoption Regulation".


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