Employment and Assistance Act

The following legislation is provided for information purposes only, they are not to be used for appeal purposes.

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ER 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

Interpretation

1 (1) In this Act:

"applicant" means the person in a family unit who applies under this Act for income assistance, hardship assistance or a supplement on behalf of the family unit, and includes

(a) the person's spouse, if the spouse is a dependant, and

(b) the person's adult dependants;

"business day" means a day other than Saturday or a holiday;

"chair" means the chair of the tribunal appointed under section 19 [employment and assistance appeal tribunal] ;

"child" means an unmarried person under 19 years of age;

"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; (B.C. Reg. 193/2006)

"dependent child" , with respect to a parent, means a child, other than a child who is 18 years of age and is a person with disabilities, who resides in the parent's place of residence for more than 50% of each month and relies on that parent for the necessities of life, and includes a child in circumstances prescribed under subsection (2);

"dependent youth" means a dependent child who has reached 16 years of age;

"employment plan" means a plan required under section 9 [employment plan] and includes an amended employment plan;

"family unit" means an applicant or a recipient and his or her dependants;

"former Act" means

(a) the BC Benefits (Income Assistance) Act ,

(b) the BC Benefits (Youth Works) Act , or

(c) the BC Benefits (Appeals) Act ;

"hardship assistance" means an amount for shelter and support provided under section 5 (1) [hardship assistance] ;

"income assistance" means an amount for shelter and support provided under section 4 [income assistance and supplements] ;

"panel" means a panel, appointed under section 22 (1) [panels of the tribunal to conduct appeals] , of the tribunal;

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

"recipient" means the person in a family unit to or for whom income assistance, hardship assistance or a supplement is provided under this Act for the use or benefit of someone in the family unit, and includes

(a) the person's spouse, if the spouse is a dependant, and

(b) the person's adult dependants;

"spouse" has the meaning in section 1.1; (B.C. Reg. 193/2006)

"supplement" means any form of assistance specified by regulation, other than income assistance, hardship assistance or financial assistance provided under section 6 [financial assistance to service or program providers] and, without limitation, includes access to programs established or funded under this Act;

"tribunal" means the Employment and Assistance Appeal Tribunal established under section 19 [Employment and Assistance Appeal Tribunal] .

(2) The Lieutenant Governor in Council may prescribe other circumstances in which a child is a dependent child of a parent for the purposes of this Act.

(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. (B.C. Reg. 193/2006)

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.

(B.C. Reg. 193/2006)

Eligibility of family unit

2 For the purposes of this Act, a family unit is eligible, in relation to income assistance, hardship assistance or a supplement, if

(a) each person in the family unit on whose account the income assistance, hardship assistance or supplement is provided satisfies the initial and continuing conditions of eligibility established under this Act and the regulations, and

(b) the family unit has not been declared ineligible for the income assistance, hardship assistance or supplement under this Act or the regulations.

Act does not apply to persons with disabilities

3 A family unit that includes a person with disabilities is not eligible for income assistance or hardship assistance under this Act.

Part 2 -- Assistance

Income assistance and supplements

4 Subject to the regulations, the minister may provide income assistance or a supplement to or for a family unit that is eligible for it.

Hardship assistance

5 (1) Subject to the regulations, the minister may provide hardship assistance to or for a family unit that

(a) is eligible for it, and

(b) is not eligible for income assistance.

(2) If hardship assistance is repayable, before providing it the minister may specify and require a particular type of security for repayment.

Financial assistance to service or program providers

6 The minister may provide financial assistance to a person who, or group of persons that, undertakes to provide a service or program that, in the minister's opinion, will promote the purposes of this Act.

Employment-related programs

7 The minister may establish or fund employment-related programs for applicants, recipients or dependent youths who have difficulty finding or maintaining employment.

Requirement for 2 years employment

8 (1) For a family unit to be eligible for income assistance, at least one applicant in the family unit must have

(a) been employed for remuneration for at least the prescribed number of hours in each of two consecutive years,

(b) earned remuneration for employment in at least the prescribed amount in each of two consecutive years, or

(c) been employed for remuneration for a portion of two consecutive years and for the balance of those years either

(i) served a waiting period in respect of, or received benefits under, a claim under the Employment Insurance Act (Canada), or

(ii) received income under a public or private income replacement program or plan.

(2) The Lieutenant Governor in Council may prescribe categories of applicants to whose family units this section does not apply.

Employment plan

9 (1) For a family unit to be eligible for income assistance or hardship assistance, each applicant or recipient in the family unit, when required to do so by the minister, must

(a) enter into an employment plan, and

(b) comply with the conditions in the employment plan.

(2) A dependent youth, when required to do so by the minister, must

(a) enter into an employment plan, and

(b) comply with the conditions in the employment plan.

(3) The minister may specify the conditions in an employment plan including, without limitation, a condition requiring the applicant, recipient or dependent youth to participate in a specific employment-related program that, in the minister's opinion, will assist the applicant, recipient or dependent youth to

(a) find employment, or

(b) become more employable.

(4) If an employment plan includes a condition requiring an applicant, a recipient or a dependent youth to participate in a specific employment-related program, that condition is not met if the person

(a) fails to demonstrate reasonable efforts to participate in the program, or

(b) ceases, except for medical reasons, to participate in the program.

(5) If a dependent youth fails to comply with subsection (2), the minister may reduce the amount of income assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.

(6) The minister may amend, suspend or cancel an employment plan.

(7) A decision under this section

(a) requiring a person to enter into an employment plan,

(b) amending, suspending or cancelling an employment plan, or

(c) specifying the conditions of an employment plan

is final and conclusive and is not open to review by a court on any ground or to appeal under section 17 (3) [reconsideration and appeal rights] .

Information and verification

10 (1) For the purposes of

(a) determining whether a person wanting to apply for income assistance or hardship assistance is eligible to apply for it,
(b) determining or auditing eligibility for income assistance, hardship assistance or a supplement,
(c) assessing employability and skills for the purposes of an employment plan, or
(d) assessing compliance with the conditions of an employment plan,

the minister may do one or more of the following:

(e) direct a person referred to in paragraph (a), an applicant or a recipient to supply the minister with information within the time and in the manner specified by the minister;
(f) seek verification of any information supplied to the minister by a person referred to in paragraph (a), an applicant or a recipient;
(g) direct a person referred to in paragraph (a), an applicant or a recipient to supply verification of any information he or she supplied to the minister.

(2) The minister may direct an applicant or a recipient to supply verification of information received by the minister if that information relates to the eligibility of the family unit for income assistance, hardship assistance or a supplement.

(3) Subsection (1) (e) to (g) applies with respect to a dependent youth for a purpose referred to in subsection (1) (c) or (d).

(4) If an applicant or a recipient fails to comply with a direction under this section, the minister may declare the family unit ineligible for income assistance, hardship assistance or a supplement for the prescribed period.

(5) If a dependent youth fails to comply with a direction under this section, the minister may reduce the amount of income assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period.

Reporting obligations

11 (1) For a family unit to be eligible for income assistance, a recipient, in the manner and within the time specified by regulation, must

(a) submit to the minister a report that

(i) is in the form prescribed by the minister, and

(ii) contains the prescribed information, and (B.C. Reg. 263/2002)

(b) notify the minister of any change in circumstances or information that

(i) may affect the eligibility of the family unit, and(ii) was previously provided to the minister.

(2) A report under subsection (1) (a) is deemed not to have been submitted unless the accuracy of the information provided in it is affirmed by the signature of each recipient.

Registration in land title office

12 (1) In this section: "charge" has the same meaning as in the Land Title Act ; "family residence" , in relation to a family unit, means the land and buildings where the family unit resides; "registered" means registered in the records of the appropriate land title office.

(2) A recipient owes a debt to the government in the amount calculated in accordance with the regulations if

(a) the recipient, or a dependent child in prescribed circumstances, has a registered interest in the family residence, and
(b) income assistance, hardship assistance or a combination of both has been provided to or for the family unit for 6 months in any consecutive 12 month period.

(3) The debt referred to in subsection (2) may include only income assistance or hardship assistance provided to or for the family unit after the 6 months referred to in that subsection.

(4) In order to secure repayment of the debt under subsection (2), the minister may register a lien in accordance with subsection (5) against the registered interest referred to in subsection (2) (a).

(5) A lien under subsection (4) may be registered by registering a certificate of lien, in the prescribed form,

(a) in the appropriate land title office,

(b) in the same manner that a charge is registered under the Land Title Act , and

(c) without fee for registration under the Land Title Act .

(6) Registration of a certificate of lien under subsection (5) against the interest of the recipient or a dependant in the family residence creates a lien in favour of the government on that interest.

(7) The lien referred to in subsection (6)

(a) is security for the whole of the debt referred to in subsection (2), and

(b) ranks in priority for the whole amount of the debt under subsection (2) to any charge registered after the lien is registered, whether the debt includes amounts provided to or for the family unit before or after registration of the lien or the charge.

(8) Despite subsection (7) (b), the minister may

(a) enter into an agreement in writing varying the priority of a lien under this section, or

(b) accept a different form of security, or a repayment agreement, in relation to the debt under subsection (2), and execute and provide a registrable discharge of the lien.

(9) The minister, without fee, must execute and provide to a person against whose registered interest a lien under this section is registered a registrable discharge of the lien when the amount of the debt referred to in subsection (2) has been paid to the government.

(10) On application and without fee, the registrar of land titles must register a discharge provided under subsection (8) or (9).

(11) Unless a discharge has been registered in respect of a lien under this section, the registrar of land titles may not register a transfer or another conveyance of any part of the land described in the certificate of lien under subsection (5).

(12) This section applies in relation to a registered interest in a family residence of a person described in subsection (2) that exists during any part of the period for which the person's family unit receives income assistance or hardship assistance.

Consequences of not meeting employment-related obligations

13 (1) Subject to the conditions of an employment plan, the family unit of an applicant or a recipient is subject to the consequence described in subsection (2) for a family unit matching the applicant's or recipient's family unit if

(a) at any time while a recipient in the family unit is receiving income assistance or hardship assistance or within 60 days before an applicant in the family unit applies for income assistance, the applicant or recipient has

(i) failed to accept suitable employment,
(ii) voluntarily left employment without just cause, or
(iii) been dismissed from employment for just cause, or

(b) at any time while a recipient in the family unit is receiving income assistance or hardship assistance, the recipient fails to demonstrate reasonable efforts to search for employment. (B.C. Reg. 263/2002)

(2) For the purposes of subsection (1),

(a) if a family unit includes dependent children, the income assistance or hardship assistance provided to or for the family unit must be reduced by the prescribed amount for the prescribed period, and

(b) if a family unit does not include dependent children, the family unit is not eligible for income assistance for the prescribed period.

(3) The Lieutenant Governor in Council may specify by regulation categories of applicants or recipients to whose family units this section does not apply.

Consequences of not accepting or disposing of property

14 (1) The minister may take action under subsection (3) if, within 2 years before the date of application for income assistance or hardship assistance or at any time while income assistance or hardship assistance is being provided, an applicant or a recipient has done either 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 supplements;

(b) disposed of real or personal property for consideration that, in the minister's opinion, is inadequate.

(2) A family unit is not eligible for income assistance for the prescribed period if, within 2 years before the date of application for income assistance or hardship assistance or at any time while income assistance or hardship assistance is being provided, an applicant or a recipient has done either of the following:

(a) disposed of real or personal property to reduce assets;

(b) disposed of, or permitted a dependent child to dispose of, an interest in land to avoid a lien under section 12 [registration in land title office] .

(3) In the circumstances described in subsection (1), the minister may

(a) reduce the amount of income assistance or hardship assistance provided to or for the family unit by the prescribed amount for the prescribed period, or

(b) declare the family unit of the person ineligible for income assistance or hardship assistance for the prescribed period

Consequences for conviction or judgment in relation to Act (B.C. Reg. 193/2006)

15 (1) A family unit that includes a person who is convicted of an offence under the Criminal Code in relation to obtaining money, under this Act or the Employment and Assistance for Persons with Disabilities Act , by fraud or false or misleading representation is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit for the lifetime of the person, beginning with the first calendar month following the date of the conviction.

(2) A family unit that includes a person who is convicted of an offence under this Act or the Employment and Assistance for Persons with Disabilities Act is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit, beginning with the first calendar month following the date of conviction,

(a) after a first conviction, for a period of 12 consecutive months,

(b) after a second conviction, for a period of 24 consecutive months, and

(c) after a third conviction, for the lifetime of the person.

(3) If

(a) Repealed. (B.C. Reg. 193/2006)

(b) a court has given judgment in favour of the government in an action for debt against a person for obtaining income assistance, hardship assistance or a supplement under this Act, or disability assistance, hardship assistance or a supplement under the Employment and Assistance for Persons with Disabilities Act, for which he or she was not eligible,

unless the income assistance, hardship assistance, disability assistance or supplement was provided to or for the person in error, the minister may declare that the person's family unit is subject to the consequence described in subsection (5) for a family unit that matches the person's family unit for the prescribed period, beginning with the first calendar month following the date of the judgment. (B.C. Reg. 193/2006)

(4) The periods prescribed for the purpose of subsection (3) may vary with the number of applicable judgments.
(B.C. Reg. 193/2006)

(5) If a family unit includes

(a) only persons described in subsection (1) or (2), or subsection (3) if the minister has made a declaration under that subsection, the family unit is not eligible for income assistance for the applicable period, and

(b) one or more persons described in subsection (1) or (2), or subsection (3) if the minister has made a declaration under that subsection, and at least one other person, the amount of income assistance, hardship assistance or a supplement provided to or for the family unit must be reduced by the prescribed amount for the applicable period.

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. (B.C. Reg. 193/2006)

Applying periods of ineligibility and reduction

16 (1) If a family unit is ineligible for income assistance or hardship assistance for a month for more than one reason or on account of more than one person, the month counts towards the period of ineligibility applicable for each reason and on account of each person.

(2) If a family unit is ineligible for income assistance or hardship assistance for a period that overlaps with a period when the income assistance, hardship assistance or a supplement provided to or for the family unit are subject to a reduction, the period of the reduction is reduced by the period of the overlap.

(3) If the income assistance, hardship assistance or a supplement provided to or for the family unit are subject to a reduction for more than one reason or on account of more than one person in the family unit for a month, the income assistance, hardship assistance or a supplement provided to or for the family unit for the month must be reduced for each reason and for each person.

Part 3 -- Appeals

Reconsideration and appeal rights

17 (1) Subject to section 18, a person may request the minister to reconsider any of the following decisions made under this Act or the regulations:

(a) a decision that results in a refusal to provide income assistance, hardship assistance or a supplement to or for someone in the person's family unit;

(b) a decision that results in a discontinuance of income assistance or a supplement provided to or for someone in the person's family unit;

(c) a decision that results in a reduction of income assistance or a supplement provided to or for someone in the person's family unit;

(d) a decision in respect of the amount of a supplement provided to or for someone in the person's family unit if that amount is less than the lesser of

(i) the maximum amount of the supplement under the regulations, and

(ii) the cost of the least expensive and appropriate manner of providing the supplement;

(e) a decision respecting the conditions of an employment plan under section 9 [employment plan] .

(2) A request under subsection (1) must be made, and the decision reconsidered, within the time limits and in accordance with any rules specified by regulation.

(3) Subject to a regulation under subsection (5) and to sections 9 (7) [employment plan] , 18 and 27 (2) [overpayments] , a person who is dissatisfied with the outcome of a request for a reconsideration under subsection (1) (a) to (d) may appeal the decision that is the outcome of the request to the tribunal.

(4) A right of appeal given under subsection (3) is subject to the time limits and other requirements set out in this Act and the regulations.

(5) The Lieutenant Governor in Council may designate by regulation

(a) categories of supplements that are not appealable to the tribunal, and

(b) circumstances in which a decision to refuse to provide income assistance, hardship assistance or a supplement is not appealable to the tribunal.

No appeal from decision based on same circumstances

18 If a person reapplies for income assistance, hardship assistance or a supplement after

(a) the eligibility of the person's family unit for the income assistance, hardship assistance or supplement has been determined under this Act,

(b) a right of appeal under section 17 (3) has been exercised in respect of the determination referred to in paragraph (a), and

(c) the decision of the tribunal in respect of the appeal referred to in paragraph (b) has been implemented,

no right of reconsideration or appeal exists in respect of the second or a subsequent application unless there has been a change in circumstances relevant to the determination referred to in paragraph (a).

Employment and Assistance Appeal Tribunal

19 (1) The Employment and Assistance Appeal Tribunal is established to determine appeals of decisions that are appealable under

(a) section 17 (3) [reconsideration and appeal rights] of this Act,

(b) section 16 (3) [applying periods of ineligibility and reduction] of the Employment and Assistance for Persons with Disabilities Act , and

(c) section 6 (3) [financial assistance to service or program providers] of the Child Care Subsidy Act .

(2) The tribunal consists of the following individuals appointed after a merit based process:

(a) a member appointed by the Lieutenant Governor in Council and designated as the chair;

(b) one or more members appointed by the Lieutenant Governor in Council and designated as vice chairs after consultation with the chair;

(c) other members appointed by the minister after consultation with the chair.
(B.C. Reg. 45/2004)

(3) To be eligible for an appointment under subsection (2), a person must have the prescribed qualifications. (B.C. Reg. 45/2004)

(4) The chair and vice chair may be paid the remuneration specified by the Lieutenant Governor in Council in accordance with general directives of Treasury Board. (B.C. Reg. 425/2004)
(B.C. Reg.425/2004)

(5) A member of the tribunal, other than the chair or vice chair, may be paid remuneration in the time and manner and at the rates prescribed by the Lieutenant Governor in Council in accordance with general directives of Treasury Board.

Application of Administrative Tribunals Act

Maintenance of order at hearings

19.2 (1) At an oral hearing, the chair of a panel of the tribunal may make any orders or give any directions considered necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the chair of the panel may call on the assistance of any peace officer to enforce the order or direction. (B.C. Reg. 425/2004)

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use any force that is reasonably required for that purpose. (B.C. Reg. 425/2004)

(3) Without limiting subsection (1), the chair of a panel of the tribunal, by order, may impose restrictions on the continued participation in or attendance of a person in a proceeding. (B.C. Reg. 425/2004)

Time limit for judicial review

19.3 (1) An application for judicial review of a final decision of the tribunal must be commenced within 60 days of the date the decision is issued. (B.C. Reg. 425/2004)

(2) Despite subsection (1), either before or after expiration of the time, the court may extend the time for making the application, on terms the court considers proper, if it is satisfied that there are serious grounds for relief, there is a reasonable explanation for the delay and no substantial prejudice or hardship will result to a person affected by the delay.
(B.C. Reg. 425/2004)

Powers and duties of the chair

20 (1) The chair must submit to the minister an annual report concerning the tribunal's activities. (B.C. Reg. 425/2004)

(2) The chair may

(a) establish practices and procedures not inconsistent with the regulations for the tribunal, and
(b) Repealed. (B.C. Reg. 425/2004)

(3) The chair may terminate an appointment to a panel and may fill a vacancy on a panel before a hearing starts.

(4) Employees may be appointed under the Public Service Act as required to enable the tribunal, the chair or vice chairs to exercise their powers or perform their duties.

Commencing an appeal

21 (1) A person who has a right of appeal to the tribunal must commence the appeal in the prescribed manner within 7 business days of the date the person receives notice of the decision being appealed.

(2) If a person who has a right of appeal to the tribunal does not commence an appeal within the period specified under subsection (1),

(a) the person is deemed to have accepted the minister's decision, and

(b) the minister's decision is final and conclusive and is not open to review in a court on any ground or to appeal to the tribunal.

Panels of the tribunal to conduct appeals

22 (1) If a person commences an appeal in accordance with section 21 (1), the chair must appoint a panel consisting of up to 3 members of the tribunal to hear and determine the appeal. (B.C. Reg. 160/2007)

(2) If a panel consists of more than one member, the chair must designate a chair of the panel from among the members of the panel, and if a panel consists of one member, that member is the chair of the panel. (B.C. Reg. 160/2007)

(3) A panel must conduct a hearing into the decision being appealed within the prescribed period either

(a) orally, or

(b) with the consent of the parties, in writing.

(4) In a hearing referred to in subsection (3), a panel may admit as evidence only

(a) the information and records that were before the minister when the decision being appealed was made, and

(b) oral or written testimony in support of the information and records referred to in paragraph (a).

(5) Evidence referred to in subsection (4) may be admitted whether or not it would be admissible as evidence in a court of law.

(6) The panel chair is responsible for deciding any question of practice or procedure that arises during a hearing and is not provided for in the regulations or in the practices and procedures of the chair under section 20 (2) (a) [powers and duties of the chair] .

Dismissal of appeal

23 (1) If at any time before a panel makes a decision under section 24 [decision of panel] , both parties to the appeal consent to the dismissal of the appeal by each signing the form specified by the minister,

(a) if the hearing required by section 22 (3) has not started,

(i) the minister must notify the chair of the consent to dismiss,(ii) the chair must withdraw the appeal from the panel, and(iii) no remuneration under section 19 (5) [employment and assistance appeal tribunal] may be paid in respect of the appeal, and

(b) if the hearing required by section 22 (3) [panels of the tribunal to conduct appeals] has started,

(i) the minister must notify the chair of the consent to dismiss,

(ii) the chair must advise the panel of the consent, and

(iii) the panel must dismiss the appeal.

(2) A panel may dismiss an appeal if it considers that the appeal is frivolous, vexatious or trivial or is not brought in good faith.

Decision of panel

24 (1) After holding the hearing required under section 22 (3) [panels of the tribunal to conduct appeals] , the panel must determine whether the decision being appealed is, as applicable,

(a) reasonably supported by the evidence, or

(b) a reasonable application of the applicable enactment in the circumstances of the person appealing the decision.

(2) For a decision referred to in subsection (1), the panel must

(a) confirm the decision if the panel finds that the decision being appealed is reasonably supported by the evidence or is a reasonable application of the applicable enactment in the circumstances of the person appealing the decision, and

(b) otherwise, rescind the decision, and if the decision of the tribunal cannot be implemented without a further decision as to amount, refer the further decision back to the minister.

(3) The panel must provide written reasons for its decision under subsection (2).

(4) Notice of the decision and reasons of the panel must be given in accordance with the regulations.

(5) A decision of a majority of a panel is the decision of the tribunal. (B.C. Reg. 425/2004)

(6) The tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal under section 19 and make any order permitted to be made. (B.C. Reg. 425/2004)

(7) A decision or order of the tribunal under this Act on a matter in respect of which the tribunal has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.
(B.C. Reg. 425/2004)

Vexatious proceedings

25 If, on application by the minister, the Supreme Court is satisfied that a person has habitually, persistently and without reasonable grounds, instituted vexatious appeals to the tribunal, the court, after hearing that person or giving him or her an opportunity to be heard, may order that an appeal to the tribunal must not, without leave of the court, be instituted by that person.

Immunity from action

26 Repealed. (B.C. Reg. 425/2004)

Part 4 -- General Provisions

Overpayments

27 (1) If income assistance, hardship assistance or a supplement is provided to or for a family unit that is not eligible for it, recipients who are members of the family unit during the period for which the overpayment is provided are liable to repay to the government the amount or value of the overpayment provided for that period.

(2) The minister's decision about the amount a person is liable to repay under subsection (1) is not appealable under
section 17 (3) [reconsideration and appeal rights].

Liability for and recovery of debts under Act

28 (1) An amount that a person is liable to repay under this Act or the regulations is a debt due to the government that may be

(a) recovered in a court that has jurisdiction, or

(b) deducted in accordance with the regulations, from any subsequent income assistance, hardship assistance or supplement for which the person's family unit is eligible or from an amount payable to the person by the government under a prescribed enactment.

(2) Subject to the regulations, the minister may enter into an agreement, or accept any right assigned, for the repayment of an amount referred to in subsection (1).

(3) An agreement under subsection (2) may be entered into before or after the income assistance, hardship assistance or supplement to which it relates is provided.

(4) A person is jointly and separately liable for a debt referred to under subsection (1) that accrued in respect of a family unit while the person was a recipient in the family unit.

No garnishment, attachment, execution or seizure

29 (1) Income assistance, hardship assistance and supplements are exempt from garnishment, attachment, execution or seizure under any Act.

(2) Subsection (1) does not prevent income assistance, hardship assistance or a supplement being retained by way of a deduction or set off under this Act, the Financial Administration Act or a prescribed enactment.

Agreements

30 (1) Subject to subsections (2) and (2.1), 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 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.

(B.C. Reg. 193/2006)

Offence of supplying false or misleading information

31 (1) A person commits an offence who supplies, in an application under this Act or when directed or required under section 10 (1), (2) or (3) [information and verification] , section 11 [reporting obligations] 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) If a person is convicted of an offence under this section, in addition to a penalty that may be imposed under subsection (3), the court may order the person to repay the government all or part of any amount that person received under this Act as a result of committing the offence.

(5) If the court makes an order under subsection (4) and the amount ordered to be paid is not paid immediately, the government may file the order with a court in British Columbia that has jurisdiction.

(6) An order filed under subsection (5) may be enforced in the same manner, as applicable, as if it were

(a) a judgment of the Supreme Court, or

(b) a payment order of the Provincial Court.

Other provisions relating to offences

32 (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.

Minister's powers

33 (1) For the purposes of this Act, the minister may acquire and dispose of real or personal property.

(2) The minister may conduct surveys and research activities for the purposes of program evaluation.

(3) The minister may

(a) prescribe forms for use under this Act, and

(b) specify forms for use under this Act.

Delegation of minister's powers and duties

34 (1) Subject to the regulations, the minister may delegate to any person or category of persons any or all of the minister's powers, duties or functions under this Act except

(a) the power to prescribe forms,

(b) the power to appoint members to the tribunal, and

(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. (B.C. Reg. 193/2006)

(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.

Power to make regulations

35 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act .

(2) Without li