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B.C. Reg. 330/97
O.C. 1106/97
Deposited October 2, 1997
effective December 1, 1997
This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here.

Continuing Care Act

Continuing Care Fees Regulation

[includes amendments up to B.C. Reg. 84/2005, April 1, 2005]

Contents
1 Definitions
2 Consent to release of documentation
3 Daily charge for clients receiving home support services
4 Daily charge for recipients of other benefits
5 Daily charge for facility or family care home clients
6 Hardship waiver
7 Monthly charge for assisted living services

Definitions

1In this regulation:

"assisted living services" means a continuing care program prescribed in the Continuing Care Programs Regulation;

"client" means a person who is receiving continuing care;

"consumer price index" means the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act (Canada);

"earned income" means the sum of the following amounts as defined in the Income Tax Act (Canada):

(a)employment income;

(b)other employment income;

(c)net business income;

(d)net professional income;

(e)net commission income;

(f)net farming income;

(g)net fishing income;

"family unit size" means the client, the client’s spouse and a child as defined in the Hospital Insurance Act Regulations;

"health authority" means a regional health board designated under the Health Authorities Act;

"home support services" means a continuing care program prescribed in the Continuing Care Programs Regulation;

"person with disabilities" has the same meaning as in the Employment and Assistance for Persons with Disabilities Act;

"qualified client" means a client aged 19 to 64 years who receives home support services and has earned income;

"remaining annual income" means an amount calculated using the following formula:

RAI = C + S - CT - CI - I
where:
"RAI"  means remaining annual income;
"C"  means the net income of the client as reported on line 236 of the client’s income tax return, for the immediately preceding taxation year;
"S"  means the net income of the client’s spouse as reported on line 236 of the spouse’s income tax return, for the immediately preceding taxation year, if
  (a)  home support services are provided, or
  (b)  the client resides in a facility or a family care home;
"CT"  means the total income tax paid by the client and, if the value of S is greater than 0, by the client’s spouse, as reported on line 435 of their income tax returns, for the immediately preceding taxation year;
"CI"  means the annual earned income for the client and, if the value of S is greater than 0, for the client’s spouse, to a maximum of
  (a)  $15 000 per person if the client is not a qualified client, or
  (b)  $25 000 per person if the client is a qualified client;
"I"  means the amount of income that corresponds to the client’s family unit size in the following table:
Family Unit
Size
Amount of
Income

1 $10 284
2 $16 752
3 $19 164
4 $20 880
5 $22 716
6 $24 312
7 $25 908
8 $27 384
9 $28 860
10 $30 336

"spouse" means a person who is married to, or is living in a marriage-like relationship with, a client and, for the purposes of this definition, the marriage or marriage-like relationship may be between persons of the same gender.

[am. B.C. Regs. 2/2003, s. 1; 316/2003, s. 1; 344/2003, s. 2 (a); 75/2005, s. 1; 84/2005, s. 1.]

Consent to release of documentation

2(1)  The client and, if applicable, the spouse must, in the form and manner specified by the minister, consent to and authorize Canada Customs and Revenue Agency to release to the Minister of Health Services any documentation necessary to verify the information required by this regulation in order that the minister may determine whether the client is eligible for

(a)ministry-funded home support services, or

(b)a daily charge which is less than the highest daily rate charged to a client who resides in a facility or a family care home.

(2)  If the client and, if applicable, the spouse do not give the consent and authorization required by subsection (1), the client

(a)will be required to pay the highest daily rate charged under this regulation for accommodation in a facility or family care home, or

(b)will not receive ministry funded home support services.

[am. B.C. Reg. 75/2005, s. 2.]

Daily charge for clients receiving home support services

3(1)  A client who receives home support services must pay a daily charge calculated as the client’s remaining annual income multiplied by 0.00138889.

(1.1)  A qualified client is not required to pay more than $300 for home support services in a month.

(2)  Despite subsection (1), a client is not required to pay a daily charge for home support services if the client receives any of the following:

(a)the guaranteed income supplement, the spouse’s allowance or the survivor’s allowance under the Old Age Security Act (Canada);

(b)income assistance under the Employment and Assistance Act;

(c)disability assistance under the Employment and Assistance for Persons with Disabilities Act;

(d)a war veteran’s allowance under the War Veterans Allowance Act (Canada).

[am. B.C. Regs. 75/2005, s. 3; 84/2005, s. 2.]

Daily charge for recipients of other benefits

4(1)  For the purposes of section 5, a client who resides in a facility or a family care home is deemed to have a remaining annual income of $7 000 or less if the client receives any of the following:

(a)the guaranteed income supplement, the spouse’s allowance or the survivor’s allowance under the Old Age Security Act (Canada);

(b)income assistance under the Employment and Assistance Act;

(b.1)disability assistance under the Employment and Assistance for Persons with Disabilities Act;

(c)a war veteran’s allowance under the War Veterans Allowance Act (Canada).

(2)  The daily charge for a person living in the same room as his or her spouse and receiving the old age security pension/guaranteed income supplement is $22.20, and must be adjusted every year on January 1, commencing on January 1, 2004, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year.

(3)  and (4) Repealed. [B.C. Reg. 75/2005, s. 4 (c).]

[en. B.C. Reg. 295/2002; am. B.C. Regs. 344/2003, s. 1; 75/2005, s. 4.]

Daily charge for facility or family care home clients

5(1)  For the purposes of this section, the remaining annual income is calculated for a client who has a spouse, or a spouse and a child, as the lesser of

(a)a single person without a child, and

(b)a person with a spouse together with any child or children they may have.

(2)  The daily charge for a client who resides in a facility or a family care home is the amount in Column 2 set out opposite the remaining annual income in Column 1 of the following table:

Column 1 Column 2
Remaining Annual Income Rate
$0 — $7 000.00 $28.10
$7 000.01 — $9 000.00 $30.60
$9 000.01 — $11 000.00 $33.90
$11 000.01 — $13 000.00 $36.90
$13 000.01 — $15 000.00 $40.90
$15 000.01 — $18 000.00 $45.30
$18 000.01 — $21 000.00 $49.50
$21 000.01 — $24 000.00 $53.80
$24 000.01 — $27 000.00 $58.10
$27 000.01 — $30 000.00 $62.70
$30 000.01 or more $67.50

(3)  The daily charge must be adjusted every year on January 1, commencing on January 1, 2004, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.

[en. B.C. Reg. 295/2002; am. B.C. Regs. 316/2003, s. 2; 344/2003, s. 2 (b); 75/2005, s. 5.]

Hardship waiver

6(1)  The minister may waive all or some portion of the daily charge up to a maximum of one year for a client residing in a facility or family care home if the client is unable to pay because of financial hardship.

(2)  A client who has been granted a hardship waiver under subsection (1) must inform the local health authority, in writing and within 10 days, of any changes in his or her monthly disposable income which may affect his or her hardship waiver.

(3)  A client who has been granted a hardship waiver under subsection (1)

(a)may, at any time, be required to, and

(b)must, in each calendar year,

re-establish his or her need for the hardship waiver.

(4)  A client who fails to re-establish his or her need for a hardship waiver must repay all charges that were waived during the time that the client did not qualify for the waiver.

(5)  Unpaid charges under subsection (4) are a debt owed by the person to the health authority and the health authority may take action to recover the debt.

Monthly charge for assisted living services

7(1)  For the purposes of this section, "after tax income" means, for the previous taxation year,

(a)the net income of the client as reported on line 236 of the client’s income tax return, plus

(b)if the client has a spouse, the net income of the client’s spouse as reported on line 236 of the spouse’s income tax return,

minus

(c)the total income tax paid by the client plus the client’s spouse as reported on line 435 of their income tax returns,

divided by 12.

(2)  A client who receives assisted living services must pay a monthly charge that equals 70% of the client’s after tax income.

[en. B.C. Reg. 2/2003, s. 2.]

Note: this regulation replaces B.C. Reg. 205/90.

[Provisions of the Continuing Care Act, R.S.B.C. 1996, c. 70, relevant to the enactment of this regulation: section 6]