Special Situations and Welfare (21:IV): Difference between revisions

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{{REVIEWED LSLAP | date= July 02, 2019}}
{{REVIEWED LSLAP | date= 1 August 2025}}
{{LSLAP Manual TOC|expanded = welfare}}
{{LSLAP Manual TOC|expanded = welfare}}


== A. People Living on a First Nations Reserve ==
== A. Agreements  Respecting the Declaration on the Rights of Indigenous Peoples Act ==


People (whether aboriginal or non-aboriginal) living on a First Nations reserve must seek welfare benefits through the Band Social Development Program, administered by Indigenous and Northern Affairs Canada.
Effective March 14, 2024, Part 3.1 of the ''EAA'' and Part 3.1 of the ''EAPWDA'' were introduced.  These sections give the Ministry the power to enter into decision making agreements, or power or duty agreements, negotiated and entered into under sections 6 and 7 of the ''Declaration on the Rights of Indigenous Peoples Act''.


For First Nations persons living off a reserve, the usual policies and procedures for granting welfare through the Ministry apply. For more information, see the following Legal Aid Publications:
Section 26.2 of the ''EAA'' and section 17.2 of the ''EAPWDA'' now provide that the ''EAA'' and ''EAPWDA'' must be interpreted and administered in accordance with the principle that Indigenous peoples have inherent rights of self-government and self-determination that are recognized and affirmed by section 35 of the ''Constitution Act'', 1982 and the United Nations Declaration on the Rights of Indigenous Peoples.  


'''Aboriginal Legal aid in BC website:'''
== B. People Living on a First Nations Reserve ==
Income assistance on reserve section at:
https://aboriginal.legalaid.bc.ca/benefits/socialAssistance.php


'''Income Assistance on Reserve in BC (booklet):'''
People (whether Indigenous or non-Indigenous) living on a First Nations reserve must seek welfare benefits through the Band Social Development Program, administered by Indigenous and Northern Affairs Canada. 
http://www.lss.bc.ca/publications/pub.php?pub=100
For Indigenous persons living off a reserve, the usual policies and procedures for qualifying for welfare through the Ministry apply. For more information, see the following Legal Aid Publications:


== B. Transients and People Staying at Emergency Shelters and Transition Houses ==
'''Aboriginal Legal aid in BC website: ''' <br/>
Income assistance on reserve section at: <br/>
https://aboriginal.legalaid.bc.ca/benefits/socialAssistance.php


Section 1 of the EAR defines “transient” as a person who
== C. Adults Aged 19-26 Who Were in Foster Care ==
*a. has no dependent children;
*b. has no fixed address; and
*c. in the minister’s opinion, is not taking up permanent residence in the community in which the person submits an application for income assistance.


Transient persons may qualify for the cost of housing in a hostel and food (EAR, Schedule A, s 10). A transient person is not eligible for an earnings exemption under the EAR, schedule B, s. 3(7), or for Health Supplements under Division 5 of the EAR.  
Youth that were in care when they turned 19, or who had at least two years in care from 12 to 19, or who achieved permanency between 12 and 19, and that are now aged 19 to 26 years old may be eligible for further benefits from the MCFD. These benefits are called the SAJE program (Strengthening Abilities and Journeys of Empowerment). There are several benefits available through SAJE, including income supports, housing supports, counselling, and others.
For further information please see the following link: https://www2.gov.bc.ca/gov/content/family-social-supports/youth-and-family-services/youth-transitions
 


A person or family staying in emergency shelters or transition houses may be covered for the actual cost of accommodation and care as well as a comfort allowance calculated for the family unit of the applicant (EAR, Schedule A, s 9; EAPWDR, Schedule A, s 8).




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Latest revision as of 07:47, 14 October 2025

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 1 August 2025.



A. Agreements Respecting the Declaration on the Rights of Indigenous Peoples Act

Effective March 14, 2024, Part 3.1 of the EAA and Part 3.1 of the EAPWDA were introduced. These sections give the Ministry the power to enter into decision making agreements, or power or duty agreements, negotiated and entered into under sections 6 and 7 of the Declaration on the Rights of Indigenous Peoples Act.

Section 26.2 of the EAA and section 17.2 of the EAPWDA now provide that the EAA and EAPWDA must be interpreted and administered in accordance with the principle that Indigenous peoples have inherent rights of self-government and self-determination that are recognized and affirmed by section 35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples.  

B. People Living on a First Nations Reserve

People (whether Indigenous or non-Indigenous) living on a First Nations reserve must seek welfare benefits through the Band Social Development Program, administered by Indigenous and Northern Affairs Canada.

For Indigenous persons living off a reserve, the usual policies and procedures for qualifying for welfare through the Ministry apply. For more information, see the following Legal Aid Publications:

Aboriginal Legal aid in BC website:
Income assistance on reserve section at:
https://aboriginal.legalaid.bc.ca/benefits/socialAssistance.php

C. Adults Aged 19-26 Who Were in Foster Care

Youth that were in care when they turned 19, or who had at least two years in care from 12 to 19, or who achieved permanency between 12 and 19, and that are now aged 19 to 26 years old may be eligible for further benefits from the MCFD. These benefits are called the SAJE program (Strengthening Abilities and Journeys of Empowerment). There are several benefits available through SAJE, including income supports, housing supports, counselling, and others.

For further information please see the following link: https://www2.gov.bc.ca/gov/content/family-social-supports/youth-and-family-services/youth-transitions



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