Income Security (Legal Information for Indigenous People) - Revision history

Desy Wahyuni: /* Debt: issues on and off reserve */

2023-03-25T02:19:12Z

Debt: issues on and off reserve

← Older revision		Revision as of 02:19, 25 March 2023
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	Debt can feel overwhelming, but the good news is that there are BC laws that specifically offer protections to debtors. The ''Business Practices and Consumer Protection Act'' offers many protections to consumers in its regulations of business practices.		Debt can feel overwhelming, but the good news is that there are BC laws that specifically offer protections to debtors. The ''Business Practices and Consumer Protection Act'' offers many protections to consumers in its regulations of business practices.

	Debt collectors harassing you with phone calls? You can stop debt collector’s calls with a simple letter asking for all communication to be in writing. You can find this letter on the Consumer Protection BC website [https://www.consumerprotectionbc.ca/ ~~www.~~consumerprotectionbc.ca]. To find it, go to the “consumer help” section, then click on “debt collection.” Save proof that you sent the letter. If they continue to call you, then you can report to Consumer Protection. Consumer Protection responds to consumer inquiries and investigates alleged violations of consumer protection laws. 1-888 -564-9963		Debt collectors harassing you with phone calls? You can stop debt collector’s calls with a simple letter asking for all communication to be in writing. You can find this letter on the Consumer Protection BC website [https://www.consumerprotectionbc.ca/ consumerprotectionbc.ca]. To find it, go to the “consumer help” section, then click on “debt collection.” Save proof that you sent the letter. If they continue to call you, then you can report to Consumer Protection. Consumer Protection responds to consumer inquiries and investigates alleged violations of consumer protection laws. 1-888 -564-9963

	Similarly, the Vehicle Sales Authority of BC can help you address car dealerships with bad sales practices. To make a complaint call 1-877-294-9889.		Similarly, the Vehicle Sales Authority of BC can help you address car dealerships with bad sales practices. To make a complaint call 1-877-294-9889.

Desy Wahyuni: /* Employment Insurance */

2023-03-25T02:18:49Z

Employment Insurance

← Older revision		Revision as of 02:18, 25 March 2023
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	* If denied, call a Legal Advocate: to assess and help with an appeal You must file within 30 days after the date the decision was communicated to you.		* If denied, call a Legal Advocate: to assess and help with an appeal You must file within 30 days after the date the decision was communicated to you.

	See People's Law School website for plain language publications about Employment Standards and E.I. and many more legal topics! [https://www.peopleslawschool.ca ~~www.~~peopleslawschool.ca]		See People's Law School website for plain language publications about Employment Standards and E.I. and many more legal topics! [https://www.peopleslawschool.ca peopleslawschool.ca]

	==Disability benefits==		==Disability benefits==

Desy Wahyuni at 02:18, 25 March 2023

2023-03-25T02:18:20Z

Desy Wahyuni at 22:03, 13 March 2023

2023-03-13T22:03:02Z

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-{{Ambox
+{{Legal Information for Indigenous People TOC}}
 ==Employment Insurance==
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 * Conditional Sales Agreements: If you buy a truck on credit and don’t pay, then the dealer can come after you for payment or to repossess the vehicle.
 * If the “creditor” is Indigenous: This is how, for example, Family Maintenance can enforce (garnish wages on reserve) a child support order for unpaid child support - because the money is owed for the Indigenous child.

Desy Wahyuni: /* Debt */

2023-03-09T01:52:36Z

Debt

← Older revision		Revision as of 01:52, 9 March 2023
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	If your work is off reserve and not for a federally regulated employer then your remedy is usually to go to BC Employment Standards 1-833-236-3700. You have 1 year to file your complaint.		If your work is off reserve and not for a federally regulated employer then your remedy is usually to go to BC Employment Standards 1-833-236-3700. You have 1 year to file your complaint.

	==Debt==		==Debt: issues on and off reserve==

	~~===Issues on and off reserve===~~		Debt can feel overwhelming, but the good news is that there are BC laws that specifically offer protections to debtors. The ''Business Practices and Consumer Protection Act'' offers many protections to consumers in its regulations of business practices.
	Debt can feel overwhelming, but the good news is that there are BC laws that specifically offer protections to debtors. The Business Practices and Consumer Protection Act offers many protections to consumers in its regulations of business practices.


	Debt collectors harassing you with phone calls? You can stop debt collector’s calls with a simple letter asking for all communication to be in writing. You can find this letter on the Consumer Protection BC website www. consumerprotectionbc.ca. To find it, go to the “consumer help” section, then click on “debt collection.” Save proof that you sent the letter. If they continue to call you, then you can report to Consumer Protection. Consumer Protection responds to consumer inquiries and investigates alleged violations of consumer protection laws. 1-888 -564-9963		Debt collectors harassing you with phone calls? You can stop debt collector’s calls with a simple letter asking for all communication to be in writing. You can find this letter on the Consumer Protection BC website [https://www.consumerprotectionbc.ca/ www.consumerprotectionbc.ca]. To find it, go to the “consumer help” section, then click on “debt collection.” Save proof that you sent the letter. If they continue to call you, then you can report to Consumer Protection. Consumer Protection responds to consumer inquiries and investigates alleged violations of consumer protection laws. 1-888 -564-9963

	Similarly, the Vehicle Sales Authority of BC can help you address car dealerships with bad sales practices. To make a complaint call 1-877-294-9889.		Similarly, the Vehicle Sales Authority of BC can help you address car dealerships with bad sales practices. To make a complaint call 1-877-294-9889.


	Do you need help figuring out how to manage your debt load? The Credit Counselling Society 1-888-951-8602 provides free and confidential help with debt, such as setting up repayment plans, debt consolidation, and other ways to reduce the interest you have to pay. “We understand debt happens to the best of us, and too much debt is something we never planned to have.”		Do you need help figuring out how to manage your debt load? The Credit Counselling Society 1-888-951-8602 provides free and confidential help with debt, such as setting up repayment plans, debt consolidation, and other ways to reduce the interest you have to pay. “We understand debt happens to the best of us, and too much debt is something we never planned to have.”

			===Know your rights===

	~~====Know Your Rights====~~		Creditors cannot garnish your wages or put liens on any property located on a reserve. Section 89 (1) of the ''Indian Act'' provides that “the '''real and personal property''' of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, '''attachment''', levy, seizure, distress or execution in favour or at the instance of any person '''other than an Indian or a band'''.”

	Creditors cannot garnish your wages or put liens on any property located on a reserve. Section 89 (1) of the Indian Act provides that “the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.”


	~~====~~Two ~~Exceptions~~ to ~~Note====~~		Two exceptions to note:
	* Conditional Sales Agreements: If you buy a truck on credit and don’t pay, then the dealer can come after you for payment or to repossess the vehicle.		* Conditional Sales Agreements: If you buy a truck on credit and don’t pay, then the dealer can come after you for payment or to repossess the vehicle.
	* If the “creditor” is Indigenous: This is how, for example, Family Maintenance can enforce (garnish wages on reserve) a child support order for unpaid child support - because the money is owed for the Indigenous child.		* If the “creditor” is Indigenous: This is how, for example, Family Maintenance can enforce (garnish wages on reserve) a child support order for unpaid child support - because the money is owed for the Indigenous child.

Clicklaw Editor: /* Issues on and off reserve */

2023-03-08T20:00:06Z

Issues on and off reserve

← Older revision		Revision as of 20:00, 8 March 2023
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	===Issues on and off reserve===		===Issues on and off reserve===
	Debt can feel overwhelming, but the good news is that there are BC laws that specifically offer protections to debtors. The Business Practices and Consumer Protection Act offers many protections to consumers in its regulations of business practices.		Debt can feel overwhelming, but the good news is that there are BC laws that specifically offer protections to debtors. The Business Practices and Consumer Protection Act offers many protections to consumers in its regulations of business practices.


			Debt collectors harassing you with phone calls? You can stop debt collector’s calls with a simple letter asking for all communication to be in writing. You can find this letter on the Consumer Protection BC website www. consumerprotectionbc.ca. To find it, go to the “consumer help” section, then click on “debt collection.” Save proof that you sent the letter. If they continue to call you, then you can report to Consumer Protection. Consumer Protection responds to consumer inquiries and investigates alleged violations of consumer protection laws. 1-888 -564-9963

			Similarly, the Vehicle Sales Authority of BC can help you address car dealerships with bad sales practices. To make a complaint call 1-877-294-9889.


			Do you need help figuring out how to manage your debt load? The Credit Counselling Society 1-888-951-8602 provides free and confidential help with debt, such as setting up repayment plans, debt consolidation, and other ways to reduce the interest you have to pay. “We understand debt happens to the best of us, and too much debt is something we never planned to have.”


			====Know Your Rights====

			Creditors cannot garnish your wages or put liens on any property located on a reserve. Section 89 (1) of the Indian Act provides that “the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.”


			====Two Exceptions to Note====
			* Conditional Sales Agreements: If you buy a truck on credit and don’t pay, then the dealer can come after you for payment or to repossess the vehicle.
			* If the “creditor” is Indigenous: This is how, for example, Family Maintenance can enforce (garnish wages on reserve) a child support order for unpaid child support - because the money is owed for the Indigenous child.

Desy Wahyuni: /* Employment standards */

2023-03-06T19:57:25Z

Employment standards

← Older revision		Revision as of 19:57, 6 March 2023
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	* to do daily living activities, you need an assistive device, or help or supervision from another person, or an assistance animal.		* to do daily living activities, you need an assistive device, or help or supervision from another person, or an assistance animal.

	==Employment standards==		==Employment standards: on and off reserve employment==
	~~===On~~ and off reserve employment===

	If you have a Complaint: The Canada Labour Code sets federal labour standards for people employed in federal industries, which often includes First Nations Bands and other employment on reserve.		If you have a Complaint: The Canada Labour Code sets federal labour standards for people employed in federal industries, which often includes First Nations Bands and other employment on reserve.
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	* Unjust Dismissal Complaints must be filed within 90 days		* Unjust Dismissal Complaints must be filed within 90 days
	* The deadline starts running from the last day the employer was required to pay you or from when you were aware of the issue.		* The deadline starts running from the last day the employer was required to pay you or from when you were aware of the issue.


	'''Special Note:''' Sometimes people are inaccurately defined as Contractors instead of as Employees. This misclassification can result in not getting proper employee benefits (like vacation pay, overtime, severance pay etc.) and not paying into unemployment benefits like EI.		'''Special Note:''' Sometimes people are inaccurately defined as Contractors instead of as Employees. This misclassification can result in not getting proper employee benefits (like vacation pay, overtime, severance pay etc.) and not paying into unemployment benefits like EI.

	'''~~“Having~~ a ~~contract”~~''' does not necessarily mean you are a contractor; it could simply mean you are an employee with a contract. The relationship is more likely that of an employer & employee if: You perform work for another for wages, the person who pays you controls the material and tools of the job, and directs the activities (sets the hours and the tasks). Canada Labour can help get you classified properly, especially because there can be other factors to consider. If you were misclassified the employer may owe you money retroactively.		'''"Having a contract"''' does not necessarily mean you are a contractor; it could simply mean you are an employee with a contract. The relationship is more likely that of an employer & employee if: You perform work for another for wages, the person who pays you controls the material and tools of the job, and directs the activities (sets the hours and the tasks). Canada Labour can help get you classified properly, especially because there can be other factors to consider. If you were misclassified the employer may owe you money retroactively.


	If your work is off reserve and not for a federally regulated employer then your remedy is usually to go to BC Employment Standards 1-833-236-3700. You have 1 year to file your complaint.		If your work is off reserve and not for a federally regulated employer then your remedy is usually to go to BC Employment Standards 1-833-236-3700. You have 1 year to file your complaint.

Desy Wahyuni: /* Persons with Disabilities */

2023-03-06T19:56:14Z

Persons with Disabilities

← Older revision		Revision as of 19:56, 6 March 2023
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	Employment Benefits such as Disability, Pension and Life Insurance are typically given to full-time employees as part of the employment contract and the employer/ee would pay into this benefit package during their employment. The benefit package would contain the qualifying Disability requirements.		Employment Benefits such as Disability, Pension and Life Insurance are typically given to full-time employees as part of the employment contract and the employer/ee would pay into this benefit package during their employment. The benefit package would contain the qualifying Disability requirements.

	==Persons with Disabilities==		==Persons with Disabilities: on and off reserve applications==

	~~===On and off reserve applications===~~
	To apply for disability benefits on reserve, you need to request the disability application form from the Band Social Development Worker. Take the application to your doctor to complete. If you are denied a Disability claim, you have the right to appeal within 20 business days from the decision.		To apply for disability benefits on reserve, you need to request the disability application form from the Band Social Development Worker. Take the application to your doctor to complete. If you are denied a Disability claim, you have the right to appeal within 20 business days from the decision.

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	* call 1-866-866-0800 to apply by phone; or		* call 1-866-866-0800 to apply by phone; or
	* apply in person at a Ministry office		* apply in person at a Ministry office


	To qualify, you must meet the Ministry’s financial eligibility criteria and complete a PWD application with a doctor. For more support, call a Legal Advocate and/or contact the Disability Alliance of BC for help with applications and appeals for the PWD designation 1-800-663-1278		To qualify, you must meet the Ministry’s financial eligibility criteria and complete a PWD application with a doctor. For more support, call a Legal Advocate and/or contact the Disability Alliance of BC for help with applications and appeals for the PWD designation 1-800-663-1278

Desy Wahyuni: /* Employment Insurance */

2023-03-06T19:53:31Z

Employment Insurance

← Older revision		Revision as of 19:53, 6 March 2023
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	* If denied, call a Legal Advocate: to assess and help with an appeal You must file within 30 days after the date the decision was communicated to you.		* If denied, call a Legal Advocate: to assess and help with an appeal You must file within 30 days after the date the decision was communicated to you.

	[People's Law School ~~logo]~~ [~~Info about PLS~~]		See People's Law School website for plain language publications about Employment Standards and E.I. and many more legal topics! [https://www.peopleslawschool.ca www.peopleslawschool.ca]

	==Disability benefits==		==Disability benefits==

Desy Wahyuni at 01:31, 22 February 2023

2023-02-22T01:31:45Z

@@ Line 9: / Line 9: @@
 The EI Application is online and takes about 40 minutes. As a general rule, apply within 4 weeks of stopping work https://www.canada.ca/en/ services/benefits/ei/ei-regular-benefit/apply.html
-===Regular Benefits===
+Eligibility considerations include:
-===Sickness Benefits===
+*Regular benefits
-* Eligible if unable to work for medical reasons
+** Eligible if you lose work through no fault of your own (shortage of work, laid off, etc.) and
-* Have enough hours
+** You have the required amount of hours in the last 52 weeks (a minimum of 420 hours) but changes back to pre-Covid rules September 24, 2022
-* Medical note
+*Sickness benefits
-===Maternity===
+General tips:
 * Apply ASAP. You do not need to wait for your ROE. You will want to confirm that it has been sent. You will not get money from EI until the ROE is received.
 * If quit or fired or late applying call a Legal Advocate to assist. Do not assume you are not eligible.
@@ Line 52: / Line 47: @@
 [People's Law School logo] [Info about PLS]
-==Disability Benefits==
+==Disability benefits==
 There are different kinds of Disability Benefits that people may be eligible for. It is important that you check the requirements so you apply for the best one for you.
@@ Line 68: / Line 63: @@
 Talk to your Doctor about filling in the forms. Call a Legal Advocate for help applying. If you are denied, call the Disability Alliance of BC or another Legal Advocate for help with an appeal 604-872-1278
-===Employment Disability Benefits===
+===Employment disability benefits===
 e.g. Sun Life, Canada Life, Municipal, I.W.A.

← Older revision		Revision as of 02:18, 25 March 2023
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	==Employment Insurance==		==Employment Insurance==

	The EI Application is online and takes about 40 minutes. As a general rule, apply within 4 weeks of stopping work https://www.canada.ca/en/ services/benefits/ei/ei-regular-benefit/apply.html		The EI Application is online and takes about 40 minutes. As a general rule, apply within 4 weeks of stopping work [https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/apply.html canada.ca].

	Eligibility considerations include:		Eligibility considerations include:
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	* Call Service Canada to check if you are unsure about contributions 1-800-277-9914.		* Call Service Canada to check if you are unsure about contributions 1-800-277-9914.
	* Have not collected CPP Early Retirement for more than 15 months and		* Have not collected CPP Early Retirement for more than 15 months and
	* Have a “severe and prolonged” disability as defined in the CPP legislation: Severe is a condition that makes “a person incapable of regularly pursuing any substantially gainful occupation.” Prolonged is defined as “likely to be long continued and of indefinite duration or is likely to result in death…” https://www.canada.ca/en/services/benefits/ publicpensions/cpp/cpp-disability-benefit/apply		* Have a “severe and prolonged” disability as defined in the CPP legislation: Severe is a condition that makes “a person incapable of regularly pursuing any substantially gainful occupation.” Prolonged is defined as “likely to be long continued and of indefinite duration or is likely to result in death…” [https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit/apply canada.ca]
	* You can apply online or by mail. See: https://www.canada.ca/en/ services/benefits/publicpensions/cpp/cpp-disability-benefit/apply		* You can apply online or by mail. See: [https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit/apply canada.ca]
	Talk to your Doctor about filling in the forms. Call a Legal Advocate for help applying. If you are denied, call the Disability Alliance of BC or another Legal Advocate for help with an appeal 604-872-1278		Talk to your Doctor about filling in the forms. Call a Legal Advocate for help applying. If you are denied, call the Disability Alliance of BC or another Legal Advocate for help with an appeal 604-872-1278

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	For help with disability applications and appeals:		For help with disability applications and appeals:
	Contact a Legal Advocate near you www.povnet.org/find-an-advocate and/or call the British Columbia Aboriginal Network		Contact a Legal Advocate near you [https://www.povnet.org/find-an-advocate povnet.org] and/or call the British Columbia Aboriginal Network on Disability Society (BCANDS) 1-888-815 -5511.
	on Disability Society (BCANDS) 1-888-815 -5511.

	When living off reserve, people apply for the Persons with Disabilities (PWD) designation through the Ministry of Social Development and Social Innovation.		When living off reserve, people apply for the Persons with Disabilities (PWD) designation through the Ministry of Social Development and Social Innovation.
	To start the application process:		To start the application process:
	* apply online through https://myselfserve.gov.bc.ca		* apply online through [https://myselfserve.gov.bc.ca myselfserve.gov.bc.ca]
	* call 1-866-866-0800 to apply by phone; or		* call 1-866-866-0800 to apply by phone; or
	* apply in person at a Ministry office		* apply in person at a Ministry office
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	==Employment standards: on and off reserve employment==		==Employment standards: on and off reserve employment==

	If you have a Complaint: The Canada Labour Code sets federal labour standards for people employed in federal industries, which often includes First Nations Bands and other employment on reserve.		If you have a Complaint: The ''Canada Labour Code'' sets federal labour standards for people employed in federal industries, which often includes First Nations Bands and other employment on reserve.

	Call Canada Labour to confirm jurisdiction (Federal or Provincial) 1-800-641-4049 and to speak with a Labour Program Officer about your rights and the options you have if your rights have been violated.		Call Canada Labour to confirm jurisdiction (Federal or Provincial) 1-800-641-4049 and to speak with a Labour Program Officer about your rights and the options you have if your rights have been violated.
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	Debt can feel overwhelming, but the good news is that there are BC laws that specifically offer protections to debtors. The ''Business Practices and Consumer Protection Act'' offers many protections to consumers in its regulations of business practices.		Debt can feel overwhelming, but the good news is that there are BC laws that specifically offer protections to debtors. The ''Business Practices and Consumer Protection Act'' offers many protections to consumers in its regulations of business practices.


	Debt collectors harassing you with phone calls? You can stop debt collector’s calls with a simple letter asking for all communication to be in writing. You can find this letter on the Consumer Protection BC website [https://www.consumerprotectionbc.ca/ www.consumerprotectionbc.ca]. To find it, go to the “consumer help” section, then click on “debt collection.” Save proof that you sent the letter. If they continue to call you, then you can report to Consumer Protection. Consumer Protection responds to consumer inquiries and investigates alleged violations of consumer protection laws. 1-888 -564-9963		Debt collectors harassing you with phone calls? You can stop debt collector’s calls with a simple letter asking for all communication to be in writing. You can find this letter on the Consumer Protection BC website [https://www.consumerprotectionbc.ca/ www.consumerprotectionbc.ca]. To find it, go to the “consumer help” section, then click on “debt collection.” Save proof that you sent the letter. If they continue to call you, then you can report to Consumer Protection. Consumer Protection responds to consumer inquiries and investigates alleged violations of consumer protection laws. 1-888 -564-9963