1996 Legislative Session: 1st Session, 36th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 25th day of
July, 1996
Ian D. Izard, Law Clerk
MINISTER OF SOCIAL SERVICES
Contents
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.
Part 3 -- Assignment of Maintenance Rights
14 In this Part:
"bring", in relation to a proceeding, includes commence, conduct, continue and discontinue the proceeding;
"creditor" means a person entitled, under a maintenance order or a maintenance agreement, to receive maintenance for the person or a dependent child;
"debtor" means a person required, under a maintenance order or a maintenance agreement, to pay maintenance;
"director of maintenance enforcement" has the same meaning as "director" in the Family Maintenance Enforcement Act;
"disability allowance" means an allowance provided under section 2 (a) of the Disability Benefits Program Act;
"Divorce Act" means the Divorce Act, 1985 (Canada) or an Act repealed by that Act;
"filed maintenance agreement" means a maintenance agreement filed under the Family Relations Act or the Unified Family Court Act;
"maintenance" has the same meaning as in the Family Maintenance Enforcement Act;
"maintenance agreement" means a written agreement containing a provision respecting the payment of maintenance;
"maintenance order" has the same meaning as in the Family Maintenance Enforcement Act;
"recipient" means
(a) a person to or for whom income assistance, a disability allowance or a youth allowance is provided, and
(b) a person who is in a prescribed category of persons;
"youth allowance" means an allowance provided under section 4 (1) of the BC Benefits (Youth Works) Act.
15 (1) A recipient may assign to the government the right to do one or more of the following:
(a) to bring a proceeding under an enactment to
(i) obtain a maintenance order entitling the recipient to maintenance for the recipient or a dependent child, or
(ii) vary or enforce a maintenance order under which the recipient is the creditor;
(b) to enter into
(i) a maintenance agreement entitling the recipient to maintenance for the recipient or a dependent child, or
(ii) an agreement varying a maintenance agreement under which that recipient is the creditor;
(c) to bring
(i) a proceeding under any enactment or law to enforce a maintenance agreement under which the recipient is the creditor, or
(ii) a proceeding under the Family Relations Act to vary a filed maintenance agreement under which the recipient is the creditor;
(d) to bring a proceeding under any enactment or law to enforce all or part of arrears of payments owing under a maintenance order or agreement to the recipient for that recipient or a dependent child;
(e) to relieve another person from paying all or part of the arrears of payments owing under a maintenance order or agreement;
(f) to defend a proceeding brought against the recipient
(i) to vary, rescind or suspend a maintenance order or to reduce or cancel arrears of payments under a maintenance order, or
(ii) to vary or rescind a filed maintenance agreement;
(g) to file with the director of maintenance enforcement a maintenance order under which the recipient is the creditor.
(2) Subject to section 5 (1) (a) of the Family Maintenance Enforcement Act, only the government may exercise any rights assigned under subsection (1).
(3) The government may bring a proceeding referred to in subsection (1) in the name of the minister or in the name of the recipient who made the assignment.
(4) Subsection (1) (d), (e) and (f) applies even though the arrears accrued before this section comes into force.
(5) An assignment of rights terminates in accordance with the terms of the assignment.
16 (1) If a recipient assigns to the minister designated by the Lieutenant Governor in Council a maintenance order made under the Divorce Act, the government has, subject to the terms of the assignment, the rights referred to in section 15 (1) (a) (ii), (d), (e), (f) (i) and (g) of this Act in respect of that maintenance order.
(2) Section 15 (2) to (5) applies to an assignment of a maintenance order referred to in subsection (1) of this section.
(3) Nothing in this Act prevents a person from bringing or defending an application for divorce whether or not corollary relief proceedings are brought.
17 (1) The minister must give written notice of an assignment referred to in section 15 or 16 to the person against whom the government intends to exercise the maintenance rights assigned to it.
(2) A person to whom notice of assignment is given under subsection (1) must promptly serve the minister with a copy of any application made by the person to vary, rescind or suspend a maintenance order or to reduce or cancel arrears of payments under a maintenance order.
(3) The minister's inability, after reasonable effort, to give notice under subsection (1) does not affect the validity of proceedings under this Part.
(4) Notice under subsection (1) may be given by ordinary mail.
18 On termination of an assignment of maintenance rights, the minister must notify the director of maintenance enforcement if a maintenance order or agreement relating to those rights has been filed with that director.
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
(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;
(o) 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);
(p) prescribing additional circumstances in which the minister may declare persons ineligible for, or may reduce, income assistance, hardship assistance and benefits;
(q) specifying categories of persons to whom section 9 does not apply;
(r) specifying time limits and other rules for the purposes of section 11 (2);
(s) respecting reinstatement of income assistance and benefits pending reconsiderations and appeals;
(t) governing investigations and audits to determine eligibility for income assistance, hardship assistance and benefits and to ensure compliance with this Act and the regulations;
(u) 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;
(v) prescribing enactments for the purposes of sections 12 (4) and 13 (2);
(w) prescribing categories of persons for the purposes of the definition of "recipient" in section 14;
(x) requiring a person to provide information necessary for bringing or defending a proceeding or making an agreement under Part 3;
(y) respecting service of documents or the giving of notice under this Act or the regulations;
(z) respecting terms or conditions that are to be included in information-sharing agreements under section 21 (2);
(aa) respecting the delegation of the powers, duties and functions of the minister;
(bb) defining any word or expression used in this Act or the regulations.
(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.
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.
Part 5 -- Consequential Amendments, Repeals and Commencement
Cemetery and Funeral Services Act
26 Section 51 (1) (h) of the Cemetery and Funeral Services Act, S.B.C. 1989, c. 21, is repealed and the following substituted:
(h) the minister under the BC Benefits (Income Assistance) Act or the official administrator under the Estate Administration Act; .
Child, Family and Community Service Act
27 Section 5 (1) of the Child, Family and Community Service Act, S.B.C. 1994, c. 27, is repealed and the following substituted:
(1) A director may make a written agreement with a parent to provide, or to assist the parent to purchase, services to support and assist a family to care for a child.
28 Section 9 is amended
(a) in subsection (1) by striking out "A director may make a written agreement with a youth" and substituting "Subject to the regulations, a director may make a written agreement with a youth" , and
(b) by repealing subsection (2) and substituting the following:
(2) The agreement may provide for one or more of the following:
(a) financial assistance;
(b) residential, educational or other services to assist the youth.
29 Section 93 (1) is amended by adding the following paragraph:
(a.1) make payments to a parent, or other person who has care of a child with special needs, to assist the parent or other person to purchase support services, other than health and medical benefits, so that the child can reside at home, .
30 Section 103 (2) is amended by adding the following paragraph:
(b.1) governing agreements with youth; .
Community Care Facility Act
31 Section 1 of the Community Care Facility Act, R.S.B.C. 1979, c. 57, is amended by repealing paragraph (b) (ii) of the definition of "community care facility" and substituting the following:
(ii) to 15 or more persons to or for each of whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act; or .
32 Section 14 (1) (g) is repealed and the following substituted:
(g) the number or proportion of persons
(i) to or for whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act, and
(ii) who are to be provided with food and lodging in a community care facility;
(g.1) the rates payable for the persons referred to in paragraph (g); .
Criminal Injury Compensation Act
33 Section 15 (2) of the Criminal Injury Compensation Act, R.S.B.C. 1979, c. 83, is amended by striking out "under the Guaranteed Available Income for Need Act," and substituting "under the BC Benefits (Income Assistance) Act, a youth allowance under the BC Benefits (Youth Works) Act or a disability allowance under the Disability Benefits Program Act,".
Debtor Assistance Act
34 Section 2 (2) of the Debtor Assistance Act, R.S.B.C. 1979, c. 89, is amended by striking out "person in receipt of assistance under the Guaranteed Available Income for Need Act." and substituting "person to or for whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act."
Evidence Act
35 Section 68 (1) (c) of the Evidence Act, R.S.B.C. 1979, c. 116, is repealed and the following substituted:
(c) for the BC Benefits (Income Assistance) Act, each person to whom the minister has delegated powers or duties under that Act;
(d) for the BC Benefits (Youth Works) Act, each person to whom the minister has delegated powers or duties under that Act;
(e) for the BC Benefits (Child Care) Act, each person to whom the minister has delegated powers or duties under that Act;
(f) for the Disability Benefits Program Act, each person to whom the minister has delegated powers or duties under that Act.
Family Maintenance Enforcement Act
36 Section 1 of the Family Maintenance Enforcement Act, S.B.C. 1988, c. 3, is amended
(a) in the definition of "creditor" by striking out "the director of GAIN" wherever it appears and substituting "the minister under the BC Benefits (Income Assistance) Act", and
(b) by repealing the definition of "director of GAIN".
37 Section 5 (1.1) is amended by striking out "Subject to section 19.2 (2) of the Guaranteed Available Income for Need Act," and substituting "Subject to section 15 (2) of the BC Benefits (Income Assistance) Act,".
38 Section 6 (3) is amended by striking out "the director of GAIN" and substituting "the minister under the BC Benefits (Income Assistance) Act".
39 Section 37 (2) (b) is repealed and the following substituted:
(b) a notice under section 18 of the BC Benefits (Income Assistance) Act is filed with the director .
40 Section 40 (a) is amended by striking out "the director, the director of GAIN" and substituting "the minister under the BC Benefits (Income Assistance) Act, the director".
Family Relations Act
41 Section 59 (5) of the Family Relations Act, R.S.B.C. 1979, c. 121, is amended by striking out "section 19.2 (a) of the Guaranteed Available Income for Need Act," and substituting "section 15 (1) (a) of the BC Benefits (Income Assistance) Act,".
Guaranteed Available Income for Need Act
42 Section 4 of the Guaranteed Available Income for Need Act, R.S.B.C. 1979, c. 158, is repealed and the following substituted:
4 (1) Subject to subsection (2) and section 21.1, 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 or an agency of that government of Canada or an agency of that government about income assistance, social services 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 another 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.
43 Section 25.2 is amended
(a) by repealing subsection (2) and substituting the following:
(2) The board consists of a prescribed number of members, not fewer than 3, each of whom
(a) has prescribed qualifications or meets prescribed criteria, and
(b) is appointed by the Lieutenant Governor in Council.
(2.1) The Lieutenant Governor in Council shall designate one member as chair of the board and may designate another member as vice-chair.
(2.2) While acting as chair, the vice chair has the power and authority of the chair. , and
(b) by repealing subsections (6) to (8) and substituting the following:
(6) The chair
(a) may establish panels, each consisting of one or more members of the board as determined by the chair, to consider appeals under section 25.3, and
(b) if a panel has more than one member, must preside over the panel or designate the member who is to chair the panel.
(7) For appeals referred to a panel under section 25.3 (3),
(a) the panel has all the jurisdiction and may exercise the powers and perform the duties of the board, and
(b) a decision or order of the panel is a decision or order of the board.
44 Section 25.3 (3) and (4) is repealed and the following substituted:
(3) Subject to subsection (4), if a written notice of appeal is received by the board within the time limit in subsection (1), the chair must refer the appeal to a panel established under section 25.2 (6).
(4) The board or a panel may refuse to consider an appeal under subsection (1) if it
(a) considers that the appeal is not on a question of law,
(b) considers that the appeal is frivolous or vexatious, or
(c) has been informed by the parties to the appeal that the issue under appeal has been resolved by the parties.
45 Section 26 (3) is amended by adding the following paragraphs:
(a.1) prescribing the number of persons who constitute the board,
(a.2) respecting the designation of a registrar and any other officers of the board,
(a.3) respecting the functions of the chair, vice-chair and other officers of the board,
(a.4) defining a quorum of the board or of a panel.
Health Act
46 Section 69 (5) of the Health Act, R.S.B.C. 1979, c. 161, is repealed.
Hospital Act
47 Section 36 (3) (b) of the Hospital Act, R.S.B.C. 1979, c. 176, is repealed and the following substituted:
(b) the number or proportion of persons
(i) to or for whom income assistance is provided under the BC Benefits (Income Assistance) Act, a youth allowance is provided under the BC Benefits (Youth Works) Act or a disability allowance is provided under the Disability Benefits Program Act, and
(ii) who are to be provided with the necessary care and attention;
(b.1) the rates payable for the persons referred to in paragraph (b); .
Human Resource Facility Act
48 Section 1 of the Human Resource Facility Act, R.S.B.C. 1979, c. 185, is repealed and the following substituted:
1 The Minister may pay, out of money appropriated by the Legislature, a grant to a municipality or to a society incorporated under the Society Act to assist in the development of
(a) residences and facilities for the care of children,
(b) special homes for the care of persons with disabilities,
(c) hostels or residences for adults,
(d) activity centres or workshops for persons with disabilities,
(e) centres for senior citizens, or
(f) special facilities or programs designated by the Lieutenant Governor in Council.
49 Section 1.1 is repealed and the following substituted:
1.1 The Lieutenant Governor in Council may make a disposition of land, with or without improvements, or a structure to a person referred to in section 1 (a) to (f) for use in carrying on a purpose referred to in that section.
50 Section 2 (b) is amended by striking out ' "handicapped", "disabled", ' and substituting ' "persons with disabilities," '.
Medicare Protection Act
51 Section 4 of the Medicare Protection Act, S.B.C. 1992, c. 76, is amended
(a) in subsection (1) (n) by adding "in or" after "another jurisdiction", and
(b) by adding the following subsections:
(4.1) Without limiting subsection (1) (n), the commission may, with the prior approval of the Lieutenant Governor in Council, enter into an information-sharing agreement with
(a) Canada, a province or another jurisdiction in or outside Canada, or
(b) a public body as defined in the Freedom of Information and Protection of Privacy Act.
(4.2) For the purpose of subsection (4.1), "information-sharing agreement" means a data-matching or other agreement to exchange personal or other information for the purpose of administering medical or health care benefits provided under
(a) this Act,
(b) a prescribed enactment of British Columbia, or
(c) a prescribed enactment of Canada, a province or another jurisdiction in Canada.
52 Section 45 (2) is amended by adding the following paragraph:
(n.1) respecting terms and conditions that are to be included in information-sharing agreements under section 4 (4.1) and prescribing enactments for the purposes of section 4 (4.2); .
Mental Health Act
53 Section 13 of the Mental Health Act, R.S.B.C. 1979, c. 256, is repealed.
Municipal Act
54 Section 705 of the Municipal Act, R.S.B.C. 1979, c. 290, is repealed and the following substituted:
705 A municipality must bury any unclaimed human body found dead in the municipality, but the municipality may recover the burial expenses from
(a) the deceased's estate, or
(b) the minister under the BC Benefits (Income Assistance) Act to the extent they are not recovered from the deceased's estate.
Vancouver Charter
55 Section 484 of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:
484 It shall be the duty of the city to bury any unclaimed human body found dead within the city limits, but the city may recover the burial expenses from
(a) the deceased's estate, or
(b) the minister under the BC Benefits (Income Assistance) Act to the extent they are not recovered from the deceased's estate.
56 (1) The Community Resource Board Act, R.S.B.C. 1979, c. 58, is repealed.
(2) The Guaranteed Available Income for Need Act, R.S.B.C. 1979, c. 158, is repealed by regulation of the Lieutenant Governor in Council.
(3) The Residence and Responsibility Act, R.S.B.C. 1979, c. 364, is repealed.
57 This Act comes into force by regulation of the Lieutenant Governor in Council.
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