Governing Legislation and Resources for Welfare (21:II): Difference between revisions

Latest revision as of 19:43, 13 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. Governing Legislation

The following statutes and regulations govern welfare law in BC and are available at www.bclaws.ca:

Employment and Assistance Act, SBC 2002, c 40 "EAA";

Employment and Assistance Regulation, BC Reg 263/2002 "EAR";

Employment and Assistance for Persons with Disabilities Act, SBC 2002, c 41 "EAPWDA"; and

Employment and Assistance for Persons with Disabilities Regulation, BC Reg 265/2002 "EAPWDR".

See also the Child in the Home of a Relative Transition Regulation, BC Reg 48/2010.

B. Tips for Navigating Welfare Law Issues

Please keep in mind the following important points when dealing with a welfare law issue.

Be current. The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is especially important to check the BC Laws website and confirm that one is dealing with the most current legislation. More currently updated legislation is often available through the Ministry’s policy manual, linked in the ‘related information’ section here.

Be comprehensive. Be sure to read the relevant section of the appropriate act or regulation in its entirety and to scan the legislation for other relevant sections. The legislation is complex and often a number of provisions work together to govern a particular program or benefit.

Be alert to mandatory versus discretionary wording. Welfare legislation contains a mix of mandatory provisions (requiring the government to do or provide something) and discretionary provisions (which permit, but do not require, the government to act in a particular way). Consider whether the legislative provisions relevant to the client’s case are mandatory or discretionary.

C. Referrals to Other Organizations

See Chapter 23: Referrals for additional referrals.

Community Legal Assistance Society (CLAS)

May help clients with judicial reviews of decisions of the Employment and Assistance Appeal Tribunal.

Online	Website
Address	300 - 1140 West Pender Street Vancouver, BC, V6E 4G1
Phone	(604) 685-3425 Fax: (604) 685-7611

Disability Alliance of BC

Offers one-on-one assistance to individuals applying for benefits or appealing the denial of benefits. Particularly experienced in appeals about eligibility for the Persons with Disabilities ("PWD") designation from the Ministry needed to qualify for welfare disability assistance. Disability Alliance of BC also hosts a disability law clinic that may assist with general welfare issues and judicial reviews.

Online	Website
Address	1450 - 605 Robson Street Vancouver, BC, V6B 5J3
Phone	Advocacy Access Program: (604) 872-1278 Fax: (604) 875-9227 TTY: (604) 875-8835

Disability Alliance of BC has also created a library of useful help sheets about disability assistance from the Ministry, and guides to applications and appeals: [1]

First United Church

Serves the Downtown Eastside, providing advocacy and assistance for welfare, housing, and other poverty law issues. Drop-in intake hours are Mondays, Wednesdays, and Fridays from 9:30 am – 11:30 am, and Tuesdays and Thursdays from 1 pm to 3 pm.

Online	Website E-mail: advocacy@firstunited.ca
Address	542 East Hastings Street Vancouver, BC, V6A 1P8
Phone	(604) 251-3323 Fax: (604) 251-2488

Kettle Friendship Society Advocacy Centre

Advocacy focused on welfare, debt, housing, and child protection problems for clients with mental health issues. It also has a weekly Pro Bono Legal Clinic (please call ahead if you wish to refer a client).

Online	Website
Address	1725 Venables Street Vancouver, BC, V5L 2H3
Phone	(604) 253-0669 Housing Division Telephone: (604) 251-5664 Fax: (604) 251-6354

Downtown Eastside Women's Centre

Focuses on providing legal and non-legal support and advocacy for women with mental health issues.

Online	Website
Address	Drop-in centre: 302 Columbia Street Vancouver, BC, V6A 4J1 Emergency shelter 412 Cordova Street Vancouver, BC, V6A 4J1
Phone	(604) 423-4807 Fax: (604) 681-8470

ATIRA Women's Resource Society

Focuses on providing support for abused women and women on the downtown eastside. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.

Online	Website E-mail: legaladvocate@atira.bc.ca
Address	101 East Cordova Street Vancouver, BC, V6A 1K7
Phone	(604) 331-1407 extension 114

Ribbon Community

Can provide case management services and possible short-term financial assistance to persons living with HIV/AIDS.

Online	Website E-mail: welcome@RibbonCommunity.org
Address	1101 Seymour Street Suite 401, 4th floor Vancouver, BC, V6B 0R1
Phone	(604) 893-2201

PovNet: Find an Advocate

A service for finding other advocates and organization that can help with welfare issues in all parts of BC.

Online

Website

D. Useful Publications and Outside Agencies

In addition to this LSLAP manual chapter, other useful publications and public legal education organizations include:

BC Disability Benefits Help Sheets. Disability Alliance BC publishes 20 guides available at https://disabilityalliancebc.org/publications/publications-bc-disability-benefits-help-sheets/ which cover many areas relating to applying for benefits and appealing decisions. Many are also available in Arabic, Persian, Punjabi, and Spanish.

People’s Law School: People’s Law School is developing plain language pages about welfare benefits (including information about how to apply for benefits and the rights of welfare recipients). The information will be made available online in late summer or early fall 2025 at: https://www.peopleslawschool.ca/category/money/welfare-pensions/.

@@ Line 1: / Line 1: @@
+{{REVIEWED LSLAP | date= 1 August 2025}}
 {{LSLAP Manual TOC|expanded = welfare}}
 == A. Governing Legislation ==
-Welfare law in BC is governed by the following statutes and regulations, all of which are available at [http://www.bclaws.ca www.bclaws.ca]:
+The following statutes and regulations govern welfare law in BC and are available at [http://www.bclaws.ca www.bclaws.ca]:
-''Employment and Assistance Act'', SBC 2002, c 40 [EAA];
+''Employment and Assistance Act'', SBC 2002, c 40 "[https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/bc-employment-and-assistance-act-263-2002 ''EAA'']";
-''Employment and Assistance Regulation'', BC Reg 263/2002 [EAR];
+''Employment and Assistance Regulation'', BC Reg 263/2002 "[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/263_2002 ''EAR'']";
-''Employment and Assistance for Persons with Disabilities Act'', SBC 2002, c 41 [EAPWDA]; and
+''Employment and Assistance for Persons with Disabilities Act'', SBC 2002, c 41 "[https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/bc-laws/employment-and-assistance-for-persons-with-disabilities-act ''EAPWDA'']"; and
-''Employment and Assistance for Persons with Disabilities Regulation'', BC Reg 265/2002 [EAPWDR].
+''Employment and Assistance for Persons with Disabilities Regulation'', BC Reg 265/2002 "[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/265_2002 ''EAPWDR'']".
-Forms regulations under the EAA and EAPWDA create many of the forms that the Ministry uses in administering welfare. See also the Child in the Home of a Relative Transition Regulation, BC Reg 48/2010.
+See also the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/48_2010 Child in the Home of a Relative Transition Regulation]'', BC Reg 48/2010.
+== B. Tips for Navigating Welfare Law Issues ==
 Please keep in mind the following important points when dealing with a welfare law issue.
-*'''Be current.'''  The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is very important to check the BC Laws website and confirm that one is dealing with the most current legislation.
+*'''Be current.'''  The statutes and especially the regulations governing welfare in BC can change often. Therefore, it is especially important to check the BC Laws website and confirm that one is dealing with the most current legislation.  More currently updated legislation is often available through the Ministry’s policy manual, linked in the ‘related information’ section [https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/ministry-overview/legislative-authority here].
 *'''Be comprehensive.'''  Be sure to read the relevant section of the appropriate act or regulation in its entirety and to scan the legislation for other relevant sections.  The legislation is complex and often a number of provisions work together to govern a particular program or benefit.
@@ Line 23: / Line 26: @@
 *'''Be alert to mandatory versus discretionary wording.'''  Welfare legislation contains a mix of mandatory provisions (requiring the government to do or provide something) and discretionary provisions (which permit, but do not require, the government to act in a particular way).   Consider whether the legislative provisions relevant to the client’s case are mandatory or discretionary.
-== B. Referrals ==
+== C. Referrals to Other Organizations ==
-See '''Chapter 22: Referrals''' for additional referrals.
+See '''[[General Legal Help Resources (23:I)|Chapter 23: Referrals]]''' for additional referrals.
 === Community Legal Assistance Society (CLAS) ===
-* May advise on general welfare matters and help clients with judicial reviews.
+* May help clients with judicial reviews of decisions of the Employment and Assistance Appeal Tribunal.
 {{ResourcesLSLAP
-| address = 300 - 1140 West Pender Street <br /> Vancouver, B.C., V6E 4G1
+| address = 300 - 1140 West Pender Street <br /> Vancouver, BC, V6E 4G1
 | phone = (604) 685-3425 <br /> Fax: (604) 685-7611
 | online = [http://www.clasbc.net/ Website] <br />
 }}
-=== B.C. Public Interest Advocacy Centre ===
-* May help with appeals and judicial reviews.
-{{ResourcesLSLAP
-| address = 208 - 1090 West Pender Street <br /> Vancouver, B.C.,  V6E 2N7
-| phone = (604) 687-3063 <br /> Fax: (604) 682-7896
-| online = [http://www.bcpiac.com/ Website] <br /> E-mail: bcpiac@bcpiac.com}}
 === Disability Alliance of BC ===
-* Offers one-on-one assistance to individuals applying for benefits or appealing the denial of benefits. Particularly experienced in appeals about eligibility for the Persons with Disabilities ("PWD") designation from MSDSI, which is needed to qualify for welfare disability assistance.
+* Offers one-on-one assistance to individuals applying for benefits or appealing the denial of benefits. Particularly experienced in appeals about eligibility for the Persons with Disabilities ("PWD") designation from the Ministry needed to qualify for welfare disability assistance. Disability Alliance of BC also hosts a disability law clinic that may assist with general welfare issues and judicial reviews.
-* Has created a library of useful help sheets about disability assistance from MSDSI, and guides to applications and appeals ([http://disabilityalliancebc.org/category/publications/bc-disability-benefits-guides/])
 {{ResourcesLSLAP
-| address = 204 - 456 West Broadway <br /> Vancouver, B.C. V5Y 1R3
+| address = 1450 - 605 Robson Street <br /> Vancouver, BC, V6B 5J3
-| phone = (604) 872-1278 <br /> Fax: (604) 875-9227
+| phone = Advocacy Access Program: (604) 872-1278 <br /> Fax: (604) 875-9227 <br /> TTY: (604) 875-8835
 | online = [http://www.disabilityalliancebc.org/ Website] <br />
 }}
+*Disability Alliance of BC has also created a library of useful help sheets about disability assistance from the Ministry, and guides to applications and appeals: [https://disabilityalliancebc.org/publications/publications-bc-disability-benefits-help-sheets/]
 === First United Church ===
-* Serves the Downtown Eastside. Provides advocacy and assistance for welfare, housing, and other poverty law issues. Operates a drop-in intake clinic. Hours are posted on their website.
+* Serves the Downtown Eastside, providing advocacy and assistance for welfare, housing, and other poverty law issues. Drop-in intake hours are Mondays, Wednesdays, and Fridays from  9:30 am – 11:30 am,  and Tuesdays and Thursdays from 1 pm to 3 pm.
 {{ResourcesLSLAP
-| address = 320 East Hastings Street <br /> Vancouver, B.C.,  V6A 1P4
+| address = 542 East Hastings Street <br /> Vancouver, BC,  V6A 1P8
-| phone = (604) 681-8365 <br /> Fax: (604) 681-8928
+| phone = (604) 251-3323 <br /> Fax: (604) 251-2488
-| online = [http://www.firstunited.ca/advocacy/ Website] <br /> }}
+| online = [https://firstunited.ca/how-we-help/legal-advocacy/ Website] <br /> E-mail: advocacy@firstunited.ca <br /> }}
 === Kettle Friendship Society Advocacy Centre ===
-* Advocacy focused on welfare, debt, housing, and child protection problems for clients with mental health issues. Also has a weekly Pro Bono Legal Clinic (please call ahead if you wish to refer a client).
+* Advocacy focused on welfare, debt, housing, and child protection problems for clients with mental health issues. It also has a weekly Pro Bono Legal Clinic (please call ahead if you wish to refer a client).
 {{ResourcesLSLAP
-| address = 1725 Venables Street <br /> Vancouver, B.C.,  V5L 2H3
+| address = 1725 Venables Street <br /> Vancouver, BC,  V5L 2H3
-| phone = (604) 251-2801 <br /> Fax: (604) 251-6354
+| phone = (604) 253-0669 <br> Housing Division Telephone: (604) 251-5664 <br /> Fax: (604) 251-6354
 | online = [http://www.thekettle.ca/ Website] <br /> }}
@@ Line 68: / Line 64: @@
 * Focuses on providing legal and non-legal support and advocacy for women with mental health issues.
 {{ResourcesLSLAP
-| address = 412 Cordova Street <br /> Vancouver, B.C.,  V6A 4J1
+| address = '''Drop-in centre:''' <br /> 302 Columbia Street <br /> Vancouver, BC, V6A 4J1 <br /> <br /> '''Emergency shelter''' <br /> 412 Cordova Street <br /> Vancouver, BC,  V6A 4J1
-| phone = (604) 681-8480 <br /> Fax: (604) 681-8470
+| phone = (604) 423-4807 <br /> Fax: (604) 681-8470
 | online = [http://www.dewc.ca/ Website] <br /> }}
 === ATIRA Women's Resource Society ===
-* Focuses on providing support for abused women. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.
+* Focuses on providing support for abused women and women on the downtown eastside. Their legal advocate program can provide advice, advocacy, and support with appealing welfare issues, and other poverty law issues.
+{{ResourcesLSLAP
+| address = 101 East Cordova Street <br /> Vancouver, BC, V6A 1K7
+| online = [https://atira.bc.ca/what-we-do/program/legal-advocacy/ Website] <br /> E-mail: legaladvocate@atira.bc.ca
+| phone = (604) 331-1407 extension 114
+}}
+=== Ribbon Community ===
+* Can provide case management services and possible short-term financial assistance to persons living with HIV/AIDS.
 {{ResourcesLSLAP
-| address = 101 East Cordova Street, <br /> Vancouver, B.C.
+| address = 1101 Seymour Street <br /> Suite 401, 4th floor <br/> Vancouver, BC, V6B 0R1
-| online = [http://www.atira.bc.ca/ Website] <br /> E-mail: legaladvocate@atira.bc.ca}}
+| online = [https://www.ribboncommunity.org/ Website] <br /> E-mail: welcome@RibbonCommunity.org
+| phone = (604) 893-2201
-=== AIDS Vancouver Community Resource Centre ===
+}}
-* Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS.
-{{ResourcesLSLAP_phoneonline
-| phone = (604) 695-4691 <br />
-| online = [http://www.aidsvancouver.org/ Website] <br /> E-mail: support@aidsvancouver.org}}
-=== Povnet: Find an Advocate ===
+=== PovNet: Find an Advocate ===
-* Can be used to find other advocates and organization that can help with welfare issues in all parts of BC.
+* A service for finding other advocates and organization that can help with welfare issues in all parts of BC.
 {{ResourcesLSLAP_online
 | online = [http://www.povnet.org/find-an-advocate/ Website] <br />}}
-== C. Useful Publications by Outside Agencies ==
+== D. Useful Publications and Outside Agencies ==
-In addition to this LSLAP manual chapter, other useful publications include:
+In addition to this LSLAP manual chapter, other useful publications and public legal education organizations include:
-*BC Disability Benefits Help Sheets. These 15 guides are published by Disability Alliance BC. They are available at http://www.disabilityalliancebc.org/money.htm and cover many areas relating to applying for benefits and appealing decisions.
+*'''BC Disability Benefits Help Sheets'''. Disability Alliance BC publishes 20 guides available at https://disabilityalliancebc.org/publications/publications-bc-disability-benefits-help-sheets/ which cover many areas relating to applying for benefits and appealing decisions. Many are also available in Arabic, Persian, Punjabi, and Spanish.
-*Your Welfare Rights, a plain language guide published by the Legal Services Society for welfare clients and advocates. It is available at http://www.lss.bc.ca/publications/pub.php?pub=167 and gives an excellent overview of welfare issues.
+*'''People’s Law School''': People’s Law School is developing plain language pages about welfare benefits (including information about how to apply for benefits and the rights of welfare recipients). The information will be made available online in late summer or early fall 2025 at: https://www.peopleslawschool.ca/category/money/welfare-pensions/.
-{{LSLAP Manual Navbox|type=chapters15-22}}
+{{LSLAP Manual Navbox|type=chapters15-23}}