Explanatory Notes

 
Employment and Assistance Act

SECTION 1: [Employment and Assistance Act, section 1]

• repeals and replaces the definition of "dependant", eliminating the shared income test;
• repeals and replaces the definition of "spouse" with a reference to a new section which sets out the meaning of "spouse" for the purposes of the Act;
• adds a subsection clarifying, for the purposes of the definition of "dependant", that the fact that a spouse works away from home does not mean the spouses do not reside together.

SECTION 2: [Employment and Assistance Act, section 1.1] provides 3 different tests for determining whether couples are spouses: marriage, acknowledgement and a test that looks at the duration and nature of the relationship.

SECTION 3: [Employment and Assistance Act, section 15] removes the acknowledgement of a debt as a basis for imposing consequences.

SECTION 4: [Employment and Assistance Act, section 15.1] imposes a consequence if the minister determines that a family unit received an overpayment on the basis of inaccurate or incomplete information provided by a member of the family unit.

SECTION 5: [Employment and Assistance Act, section 30]

• adds an authority for the minister to enter into agreements on behalf of the government;
• eliminates the requirement for Lieutenant Governor in Council approval of information-sharing agreements that are with a public body or an entity representing an aboriginal community and are for the purposes of the administration of the Act or another enactment of British Columbia;
• expands the purposes for which an information-sharing agreement may be entered into;
• removes the restriction on secondary sharing of information received under an information-sharing agreement under this Act or under another Act administered by the minister;
• eliminates the requirement of an information-sharing agreement for research purposes.

SECTION 6: [Employment and Assistance Act, section 34] authorizes the minister to delegate the authority to enter into information-sharing agreements if Lieutenant Governor in Council approval is not required.

SECTION 7: [Employment and Assistance Act, section 35] adds a regulation-making authority for the purposes of the new section 15.1 of the Act and makes a consequential amendment.

 
Employment and Assistance for Persons with Disabilities Act

SECTION 8: [Employment and Assistance for Persons with Disabilities Act, section 1]

• repeals and replaces the definition of "dependant", eliminating the shared income test;
• repeals and replaces the definition of "spouse" with a reference to a new section which sets out the meaning of "spouse" for the purposes of the Act;
• adds a subsection clarifying, for the purposes of the definition of "dependant", that the fact that a spouse works away from home does not mean the spouses do not reside together.

SECTION 9: [Employment and Assistance for Persons with Disabilities Act, section 1.1]provides 3 different tests for determining whether couples are spouses: marriage, acknowledgement and a test that looks at the duration and nature of the relationship.

SECTION 10: [Employment and Assistance for Persons with Disabilities Act, section 14]removes the acknowledgement of a debt as a basis for imposing consequences.

SECTION 11: [Employment and Assistance for Persons with Disabilities Act, section 14.1]imposes a consequence if the minister determines that a family unit received an overpayment on the basis of inaccurate or incomplete information provided by a member of the family unit.

SECTION 12: [Employment and Assistance for Persons with Disabilities Act, section 21]

• adds an authority for the minister to enter into agreements on behalf of the government;
• eliminates the requirement for Lieutenant Governor in Council approval of information-sharing agreements that are with a public body or an entity representing an aboriginal community and are for the purposes of the administration of the Act or another enactment of British Columbia;
• expands the purposes for which an information-sharing agreement may be entered into;
• removes the restriction on secondary sharing of information received under an information-sharing agreement under this Act or under another Act administered by the minister;
• eliminates the requirement of an information-sharing agreement for research purposes.

SECTION 13: [Employment and Assistance for Persons with Disabilities Act, section 25]authorizes the minister to delegate the authority to enter into information-sharing agreements if Lieutenant Governor in Council approval is not required.

SECTION 14: [Employment and Assistance for Persons with Disabilities Act, section 26]adds a regulation-making authority for the purposes of the new section 14.1 of the Act and makes a consequential amendment.

BILL 21 – 2006
EMPLOYMENT AND INCOME ASSISTANCE STATUTES AMENDMENT ACT, 2006

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

 
Employment and Assistance Act

1 Section 1 (1) of the Employment and Assistance Act, S.B.C. 2002, c. 40, is amended

(a) by repealing the definitions of "dependant" and "spouse" and substituting the following:

"dependant", in relation to a person, means anyone who resides with the person and who

(a) is the spouse of the person,

(b) is a dependent child of the person, or

(c) indicates a parental responsibility for the person's dependent child;

"spouse" has the meaning in section 1.1; , and

(b) by adding the following subsection:

(3) For the purpose of the definition of "dependant", spouses do not reside apart by reason only that a spouse is employed or self-employed in a position that requires the spouse to be away from the residence of the family unit for periods longer than a day.

2 The following section is added:

Meaning of "spouse"

1.1 (1) Two persons, including persons of the same gender, are spouses of each other for the purposes of this Act if

(a) they are married to each other, or

(b) they acknowledge to the minister that they are residing together in a marriage-like relationship.

(2) Two persons who reside together, including persons of the same gender, are spouses of each other for the purposes of this Act if

(a) they have resided together for at least

(i) the previous 3 consecutive months, or

(ii) 9 of the previous 12 months, and

(b) the minister is satisfied that the relationship demonstrates

(i) financial dependence or interdependence, and

(ii) social and familial interdependence,

consistent with a marriage-like relationship.

3 Section 15 is amended

(a) in subsection (3) by repealing paragraph (a),

(b) in subsection (3) by striking out "the acknowledgement or judgment." and substituting "the judgment.", and

(c) in subsection (4) by striking out "applicable acknowledgments or judgments." and substituting "applicable judgments."

4 The following section is added:

Consequences for providing inaccurate or
incomplete information

15.1 (1) The minister may take action under subsection (2) if the minister determines that

(a) income assistance, hardship assistance or a supplement was provided to or for a family unit that was not eligible for it,

(b) the income assistance, hardship assistance or supplement was provided to or for the family unit on the basis of inaccurate or incomplete information provided by the applicant or recipient

(i) under section 10 (1) (e) [information and verification], or

(ii) in a report under section 11 (1) [reporting obligations], and

(c) in the minister's opinion the applicant or recipient failed to take the necessary steps to ensure the accuracy or completeness of the information before providing it to the minister.

(2) In the circumstances described in subsection (1), the minister may reduce the income assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.

(3) The periods prescribed for the purposes of subsection (2) may vary with the number of determinations made under subsection (1) in relation to a family unit.

(4) If a family unit that is subject to a reduction under section 14.1 of the Employment and Assistance for Persons with Disabilities Act qualifies for income assistance or hardship assistance under this Act before the period prescribed for the purposes of section 14.1 (2) of that Act expires, the reduction is deemed to have been imposed under subsection (2) of this section.

5 Section 30 is amended

(a) in subsection (1) by striking out "Subject to subsection (2)," and substituting "Subject to subsections (2) and (2.1),", and

(b) by repealing subsections (2) to (4) and substituting the following:

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an agreement, including an information-sharing agreement, on behalf of the government of British Columbia with any of the following:

(a) the government of Canada or an agency of the government of Canada;

(b) the government of a province or another jurisdiction in Canada or an agency of the government of a province or other jurisdiction;

(c) the government of a state of the United States or an agency of that government.

(2.1) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an information-sharing agreement with

(a) a public body as defined in the Freedom of Information and Protection of Privacy Act, or

(b) a legal entity representing an aboriginal community.

(2.2) Prior approval is not required under subsection (2.1) if the information-sharing agreement is for the purpose of the administration or enforcement of this Act, the Employment and Assistance for Persons with Disabilities Act or another enactment.

(2.3) An information-sharing agreement under this section is not required for the purpose of sharing for research purposes personal information collected under this Act if the personal information is disclosed in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.

(3) An information-sharing agreement may be entered into under subsection (2) or (2.1) only for

(a) the purposes of the administration or enforcement of

(i) this Act,

(ii) the Income Tax Act or the Income Tax Act (Canada),

(iii) the Immigration and Refugee Protection Act (Canada),

(iv) a social benefit program operated by a government, an agency, a public body or a legal entity referred to in subsection (2) or (2.1), or

(b) a purpose for which the minister is authorized under the Freedom of Information and Protection of Privacy Act to disclose personal information in the jurisdiction of the government, agency, public body or entity with which the agreement is made.

(4) In this section, "information-sharing agreement" includes a data-matching agreement.

6 Section 34 (1) (c) is repealed and the following substituted:

(c) the power to enter into an agreement under section 30 (2) or (2.1), unless section 30 (2.2) applies in relation to the agreement.

7 Section 35 (3) is amended

(a) by adding the following paragraph:

(b.1) prescribing amounts and periods for the purpose of section 15.1 (2); , and

(b) in paragraph (u) by striking out "section 30 (2)" and substituting "section 30 (2) or (2.1)".

 
Employment and Assistance for Persons with Disabilities Act

8 Section 1 (1) of the Employment and Assistance for Persons with Disabilities Act, S.B.C. 2002, c. 41, is amended

(a) by repealing the definitions of "dependant" and "spouse" and substituting the following:

"dependant", in relation to a person, means anyone who resides with the person and who

(a) is the spouse of the person,

(b) is a dependent child of the person, or

(c) indicates a parental responsibility for the person's dependent child;

"spouse" has the meaning in section 1.1; , and

(b) by adding the following subsection:

(3) For the purpose of the definition of "dependant", spouses do not reside apart by reason only that a spouse is employed or self-employed in a position that requires the spouse to be away from the residence of the family unit for periods longer than a day.

9 The following section is added:

Meaning of "spouse"

1.1 (1) Two persons, including persons of the same gender, are spouses of each other for the purposes of this Act if

(a) they are married to each other, or

(b) they acknowledge to the minister that they are residing together in a marriage-like relationship.

(2) Two persons who reside together, including persons of the same gender, are spouses of each other for the purposes of this Act if

(a) they have resided together for at least

(i) the previous 3 consecutive months, or

(ii) 9 of the previous 12 months, and

(b) the minister is satisfied that the relationship demonstrates

(i) financial dependence or interdependence, and

(ii) social and familial interdependence,

consistent with a marriage-like relationship.

10 Section 14 is amended

(a) in subsection (3) by repealing paragraph (a),

(b) in subsection (3) by striking out "the acknowledgement or judgment." and substituting "the judgment." , and

(c) in subsection (4) by striking out "applicable acknowledgments or judgments." and substituting "applicable judgments."

11 The following section is added:

Consequences for providing inaccurate or
incomplete information

14.1 (1) The minister may take action under subsection (2) if the minister determines that

(a) disability assistance, hardship assistance or a supplement was provided to or for a family unit that was not eligible for it,

(b) the disability assistance, hardship assistance or supplement was provided to or for the family unit either

(i) on the basis of inaccurate or incomplete information provided by the applicant or recipient

(A) under section 10 (1) (e) [information and verification], or

(B) in a report under section 11 (1) [reporting obligations], or

(ii) because the recipient failed to report as required under section 11 (1), and

(c) in the minister's opinion, the applicant or recipient failed to take the necessary steps to ensure the accuracy or completeness of the information before providing it to the minister.

(2) In the circumstances described in subsection (1), the minister may reduce the disability assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.

(3) The periods prescribed for the purposes of subsection (2) may vary with the number of determinations made under subsection (1) in relation to a family unit.

(4) If a family unit that is subject to a reduction under section 15.1 of the Employment and Assistance Act qualifies for disability assistance or hardship assistance under this Act before the period prescribed for the purposes of section 15.1 (2) of that Act expires, the reduction is deemed to have been imposed under subsection (2) of this section.

12 Section 21 is amended

(a) in subsection (1) by striking out "Subject to subsection (2)," and substituting "Subject to subsections (2) and (2.1),", and

(b) by repealing subsections (2) to (4) and substituting the following:

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an agreement, including an information-sharing agreement, on behalf of the government of British Columbia with any of the following:

(a) the government of Canada or an agency of the government of Canada;

(b) the government of a province or another jurisdiction in Canada or an agency of the government of a province or other jurisdiction;

(c) the government of a state of the United States or an agency of that government.

(2.1) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an information-sharing agreement with

(a) a public body as defined in the Freedom of Information and Protection of Privacy Act, or

(b) a legal entity representing an aboriginal community.

(2.2) Prior approval is not required under subsection (2.1) if the information-sharing agreement is for the purpose of the administration or enforcement of this Act, the Employment and Assistance Act or another enactment.

(2.3) An information-sharing agreement under this section is not required for the purpose of sharing for research purposes personal information collected under this Act if the personal information is disclosed in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.

(3) An information-sharing agreement may be entered into under subsection (2) or (2.1) only for

(a) the purposes of the administration or enforcement of

(i) this Act,

(ii) the Income Tax Act or the Income Tax Act (Canada),

(iii) the Immigration and Refugee Protection Act (Canada),

(iv) a social benefit program operated by a government, an agency, a public body or a legal entity referred to in subsection (2) or (2.1), or

(b) a purpose for which the minister is authorized under the Freedom of Information and Protection of Privacy Act to disclose personal information in the jurisdiction of the government, agency, public body or entity with which the agreement is made.

(4) In this section, "information-sharing agreement" includes a data-matching agreement.

13 Section 25 (1) (b) is repealed and the following substituted:

(b) the power to enter into an agreement under section 21 (2) or (2.1), unless section 21 (2.2) applies in relation to the agreement.

14 Section 26 (3) is amended

(a) by adding the following paragraph:

(b.1) prescribing amounts and periods for the purpose of section 14.1 (2); , and

(b) in paragraph (j) by striking out "section 21 (2)" and substituting "section 21 (2) or (2.1)".

Commencement

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

 
Explanatory Notes

 
Employment and Assistance Act

SECTION 1: [Employment and Assistance Act, section 1]

• repeals and replaces the definition of "dependant", eliminating the shared income test;
• repeals and replaces the definition of "spouse" with a reference to a new section which sets out the meaning of "spouse" for the purposes of the Act;
• adds a subsection clarifying, for the purposes of the definition of "dependant", that the fact that a spouse works away from home does not mean the spouses do not reside together.

SECTION 2: [Employment and Assistance Act, section 1.1] provides 3 different tests for determining whether couples are spouses: marriage, acknowledgement and a test that looks at the duration and nature of the relationship.

SECTION 3: [Employment and Assistance Act, section 15] removes the acknowledgement of a debt as a basis for imposing consequences.

SECTION 4: [Employment and Assistance Act, section 15.1] imposes a consequence if the minister determines that a family unit received an overpayment on the basis of inaccurate or incomplete information provided by a member of the family unit.

SECTION 5: [Employment and Assistance Act, section 30]

• adds an authority for the minister to enter into agreements on behalf of the government;
• eliminates the requirement for Lieutenant Governor in Council approval of information-sharing agreements that are with a public body or an entity representing an aboriginal community and are for the purposes of the administration of the Act or another enactment of British Columbia;
• expands the purposes for which an information-sharing agreement may be entered into;
• removes the restriction on secondary sharing of information received under an information-sharing agreement under this Act or under another Act administered by the minister;
• eliminates the requirement of an information-sharing agreement for research purposes.

SECTION 6: [Employment and Assistance Act, section 34] authorizes the minister to delegate the authority to enter into information-sharing agreements if Lieutenant Governor in Council approval is not required.

SECTION 7: [Employment and Assistance Act, section 35] adds a regulation-making authority for the purposes of the new section 15.1 of the Act and makes a consequential amendment.

 
Employment and Assistance for Persons with Disabilities Act

SECTION 8: [Employment and Assistance for Persons with Disabilities Act, section 1]

• repeals and replaces the definition of "dependant", eliminating the shared income test;
• repeals and replaces the definition of "spouse" with a reference to a new section which sets out the meaning of "spouse" for the purposes of the Act;
• adds a subsection clarifying, for the purposes of the definition of "dependant", that the fact that a spouse works away from home does not mean the spouses do not reside together.

SECTION 9: [Employment and Assistance for Persons with Disabilities Act, section 1.1]provides 3 different tests for determining whether couples are spouses: marriage, acknowledgement and a test that looks at the duration and nature of the relationship.

SECTION 10: [Employment and Assistance for Persons with Disabilities Act, section 14]removes the acknowledgement of a debt as a basis for imposing consequences.

SECTION 11: [Employment and Assistance for Persons with Disabilities Act, section 14.1]imposes a consequence if the minister determines that a family unit received an overpayment on the basis of inaccurate or incomplete information provided by a member of the family unit.

SECTION 12: [Employment and Assistance for Persons with Disabilities Act, section 21]

• adds an authority for the minister to enter into agreements on behalf of the government;
• eliminates the requirement for Lieutenant Governor in Council approval of information-sharing agreements that are with a public body or an entity representing an aboriginal community and are for the purposes of the administration of the Act or another enactment of British Columbia;
• expands the purposes for which an information-sharing agreement may be entered into;
• removes the restriction on secondary sharing of information received under an information-sharing agreement under this Act or under another Act administered by the minister;
• eliminates the requirement of an information-sharing agreement for research purposes.

SECTION 13: [Employment and Assistance for Persons with Disabilities Act, section 25]authorizes the minister to delegate the authority to enter into information-sharing agreements if Lieutenant Governor in Council approval is not required.

SECTION 14: [Employment and Assistance for Persons with Disabilities Act, section 26]adds a regulation-making authority for the purposes of the new section 14.1 of the Act and makes a consequential amendment.