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

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{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP_phoneonline
| phone = 604-893-2201 <br />
| phone = 604-893-2201 <br />
| online = [http://www.aidsvancouver.org/ Website] <br /> E-mail: support@aidsvancouver.org}}
| online = [http://www.aidsvancouver.org/ Website] <br /> E-mail: contact@aidsvancouver.org}}


=== Povnet: Find an Advocate ===
=== Povnet: Find an Advocate ===

Revision as of 17:20, 1 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 02, 2019.



A. Governing Legislation

Welfare law in BC is governed by the following statutes and regulations, all of which 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].

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.

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 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

See Chapter 22: Referrals for additional referrals.

Community Legal Assistance Society (CLAS)

  • May advise on general welfare matters and help clients with judicial reviews.
Online Website
Address 300 - 1140 West Pender Street
Vancouver, B.C., 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 MSDSI, which is 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 (Website)
Online Website
Address 1400 - 605 Robson Street
Vancouver, B.C. V6B 5J3
Phone (604) 872-1278
Fax: (604) 875-9227


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.
Online Website
Address 320 East Hastings Street
Vancouver, B.C., V6A 1P4
Phone (604) 681-8365
Fax: (604) 681-8928


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).
Online Website
Address 1725 Venables Street
Vancouver, B.C., V5L 2H3
Phone (604) 251-2801
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 shelter:
302 Columbia Street
Vancouver, BC, V6A 4J1

Emergency shelter
412 Cordova Street
Vancouver, B.C., V6A 4J1
Phone (604) 681-8480
Fax: (604) 681-8470


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.
Online Website
E-mail: legaladvocate@atira.bc.ca
Address 101 East Cordova Street,
Vancouver, B.C.
Phone (604) 800-8887 (103)


AIDS Vancouver Community Resource Centre

  • Service staffed by volunteers. Can provide short-term financial assistance to persons living with HIV/AIDS.
Online Website
E-mail: contact@aidsvancouver.org
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 include:

E. Notable Changes to BC Welfare Law

1. Eliminated the two-year financial independence test for all welfare applicants

Prior to January 1, 2020, many people were required to show that they had been financially independent for two years before accessing welfare benefits.

As of January 1, 2020, regulation change OIC # 705 (B.C. Reg. 270/2019) removed the two-year financial independence eligibility requirement. Applicants are no longer required to demonstrate that they have been financially independent for at least two consecutive years prior to applying for assistance.

2. Changed the definition of "spouse": cohabitation period increased from 3 months to 1 year

Prior to January 1, 2020, the ministry considered two people who lived together for three months as “spouses”, if the ministry was satisfied that they were living in a marriage-like relationship, with specific aspects of dependence or inter-dependence.

The BC government has since changed the definition of “spouse” to require people to live together for one year in a marriage-like relationship before being considered spouses under the welfare legislation. Therefore, two people who live together, but are not married, cannot be deemed “spouses” until they have lived together for one year, and have specific aspects of dependence or inter-dependence. See the definition of “spouse” in section 1.1 of the EA Act and the EAPWD Act.

3. Ended the requirements to apply for Canada Pension Plan early retirement benefits:

Previously, people between the ages of 60 and 64 who received welfare (other than disability assistance) were forced to take early pension payments with the Canada Pension Plan. This means they received lower CPP retirement benefits when they turned 65.

As of January 1, 2020, people between the ages of 60 and 64 are not required to apply for federal early Canada Pension Plan (CPP) retirement benefits to be eligible for income or disability assistance, or to avoid a reduction in the amount of their assistance. Applicants and recipients of early CPP have the option to cancel the CPP early retirement benefit up to six months after it starts. In order to do so, they must request cancellation in writing and pay back to the federal government the benefits they have received.

4. Expanded supplements for people receiving hardship assistance: alcohol or drug treatment.

Previously, hardship assistance recipients were not eligible for supplements for addiction treatment and special care.

As of January 1, 2020, supplements for addiction treatment and special care were expanded to recipients of hardship assistance. Recipients of hardship assistance now have the same access to supplements for alcohol or drug addiction treatment and counselling or related services as recipients of income assistance.

5.Security, pet and utility deposits

Previously, a person on welfare usually could not have more than two repayable security deposits outstanding with the ministry, and the ministry was not able to pay pet damage deposits that a landlord can require under the Residential Tenancy Act. The government has since removed the limit on the number of housing security deposits people on assistance can access and has introduced a repayable supplement for pet damage deposits.

See The monthly repayment rate for deposit debt including for repayable security deposits, pet damage deposits and utility deposits is $20 unless a greater amount is consented to.

For more information on repayable pet deposit supplements visit the Ministry policy at:

https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/general-supplements-and-programs/pet-damage-deposits#:~:text=the%20pet%20damage%20deposit%20does,owned%20by%20a%20cooperative%20association

6. Increasing crisis supplements for housing-related costs

Crisis supplements for housing-related costs when a person on welfare has an unexpected need related to their housing costs, which threatens the health of someone in the family or risks removal of their children, are no longer limited to a family unit’s maximum shelter rate. Crisis supplements for housing related costs can now be issued for a family for up to a family unit’s monthly benefit rate. See section 59 of the EA Regulation and section 57 of the EAPWD Regulation.





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