Governing Legislation and Resources for Welfare (21:II)
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 8 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.
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.
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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.
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- 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.
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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).
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Downtown Eastside Women's Centre
- Focuses on providing legal and non-legal support and advocacy for women with mental health issues.
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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.
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Ribbon Community
- Can provide case management services and possible short-term financial assistance to persons living with HIV/AIDS.
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PovNet: Find an Advocate
- A service for finding other advocates and organization that can help with welfare issues in all parts of BC.
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D. Useful Publications and Outside Agencies
In addition to this LSLAP manual chapter, other useful publications 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 over 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 working 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/.
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