1992 Legislative Session: 1st Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 19th day of June, 1992
Ian D. Izard, Law Clerk.


MINISTER OF SOCIAL SERVICES

BILL 68 -- 1992
GUARANTEED AVAILABLE INCOME FOR NEED AMENDMENT ACT, 1992

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Guaranteed Available Income for Need Act, R.S.B.C. 1979, c. 158, is amended

(a) in the definition of "income assistance" by striking out "or" at the end of paragraph (e) and by adding the following paragraphs:

(e.1) day care, homemaker and similar services;

(e.2) occupational training, retraining, rehabilitation and other employment related services for mentally or physically handicapped individuals, or individuals having unusual difficulty in obtaining or maintaining employment; or , and

(b) in the definition of "social services" by repealing paragraphs (d) and (g).

2 The following section is added:

Income Assistance Advisory Council

1.1 (1) The minister may establish the Income Assistance Advisory Council to make recommendations to the minister about the provision of income assistance and social services.

(2) The council shall consist of not less than 12 and not more than 15 members appointed by the minister for a period specified by the minister.

(3) The minister shall ensure that the various regions of British Columbia are represented among the members of the council and that the members include income assistance recipients and community agency members.

(4) The minister may designate one member of the council as the chair.

(5) The members of the council are entitled to be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred by them in attending council meetings and to be paid a fee in an amount approved by the minister for each day spent on the council's business.

3 Section 19.1 is amended by repealing the definition of "minister".

4 Section 19.2 is amended

(a) by repealing subsection (1) and substituting the following:

(1) An individual to whom or on behalf of whom income assistance is paid may assign to the Crown the right to do one or more of the following:

(a) to bring a proceeding under an enactment to

(i) obtain a maintenance order entitling the individual to maintenance for herself or himself or a dependent child,

(ii) vary a maintenance order under which the individual is the creditor, or

(iii) enforce a maintenance order under which the individual is the creditor;

(b) to enter into

(i) a maintenance agreement entitling the individual to maintenance for herself or himself or a dependent child, or

(ii) an agreement varying a maintenance agreement under which the individual is the creditor;

(c) to bring

(i) a proceeding under any enactment or law to enforce a maintenance agreement under which the individual is the creditor, or

(ii) a proceeding under the Family Relations Act to alter or vary a maintenance agreement under which the individual is the creditor and that is filed under section 74 of that Act or was filed under section 2 of the Unified Family Court Act;

(d) to bring a proceeding under any enactment or law to enforce all or part of arrears of payments owing under a maintenance order or agreement to the individual for herself or himself or a dependent child, even though the arrears accrued before this section comes into force;

(e) to relieve another individual from the payment of all or part of the arrears of payments owing by her or him under a maintenance order or agreement, even though the arrears accrued before this section comes into force;

(f) to defend a proceeding brought against the individual

(i) to vary, rescind or suspend a maintenance order or to reduce or cancel arrears of payments under a maintenance order, even though the arrears accrued before this section comes into force, or

(ii) to alter, vary or rescind a maintenance agreement that is filed under section 74 of the Family Relations Act or was filed under section 2 of the Unified Family Court Act;

(g) to file with the director of maintenance enforcement a maintenance order under which the individual is the creditor. ,

(b) by repealing subsections (2), (3) and (4) and substituting the following:

(2) Subject to section 5 (1) of the Family Maintenance Enforcement Act, only the Crown may exercise the rights assigned under subsection (1).

(3) An assignment terminates in accordance with the terms of the assignment. , and

(c) by repealing subsection (6).

5 Section 19.3 is amended by repealing subsections (1) to (4) and substituting the following subsections:

(1) Where an individual to whom or on behalf of whom income assistance is paid assigns to the minister designated by the Lieutenant Governor in Council a maintenance order made under the Divorce Act, the Crown has, subject to the terms of the assignment, the rights referred to in section 19.2 (1) (a) (ii) and (iii), (d), (e), (f) (i) and (g) in respect of that maintenance order.

(2) Section 19.2 (2), (3) and (5) applies to an assignment of a maintenance order referred to in subsection (1).

6 Section 19.4 is amended

(a) by repealing subsection (1) and substituting the following:

(1) The director shall give written notice of an assignment referred to in section 19.2 or 19.3 to the individual against whom the Crown intends to exercise the maintenance rights assigned to it. , and

(b) in subsection (2) by striking out "is given under subsection (1) (b)" and substituting "of assignment is given under subsection (1)".

7 Section 19.5 is repealed and the following substituted:

Notice to the director of
maintenance enforcement

19.5 The director appointed under section 23 shall notify the director of maintenance enforcement of the termination of an assignment of a maintenance order that has been filed with that director.

8 Sections 19.6 and 19.7, as enacted by section 2 of the Guaranteed Available Income for Need Amendment Act, 1987, S.B.C. 1988, c. 4, are repealed.

 
Consequential Amendments

 
Family Maintenance Enforcement Act

9 Section 1 (1) of the Family Maintenance Enforcement Act, S.B.C. 1988, c. 3, is amended by repealing paragraph (a) of the definition of "creditor" and substituting the following:

(a) the director of GAIN, in relation to a maintenance order if

(i) the right to file the maintenance order has been, or is deemed to have been, assigned to the Crown, and

(ii) the director of maintenance enforcement has not been notified by the director of GAIN of the termination of the assignment, and .

10 Section 6 is amended

(a) in subsection (1) by striking out "Subject to subsection (3),", and

(b) by repealing subsection (3) and substituting the following:

(3) The director shall notify the director of GAIN if a creditor who has assigned, or is deemed to have assigned, the right to file a maintenance order withdraws the maintenance order.

11 Section 37 (2) (b) is amended by adding ", as enacted by the Guaranteed Available Income for Need Amendment Act, 1987," after "Guaranteed Available Income for Need Act".

 
Transitional and Commencement

Transitional

12 (1) An individual to whom or on behalf of whom income assistance continues, on the date section 4 of this Act comes into force, to be paid shall be deemed to have assigned to the Crown the rights referred to in section 19.2 (1) (a) (iii), (b) (ii), (c) (i) and (ii), (d), (e) and (f) of the Guaranteed Available Income for Need Act as amended by this Act if, before the date section 4 comes into force,

(a) a maintenance order in favour of that individual or a dependent child, or

(b) a notice respecting that individual as the creditor under a maintenance order

was filed with the director of maintenance enforcement under section 19.5 of the Guaranteed Available Income for Need Act as enacted by the Guaranteed Available Income for Need Amendment Act, 1987.

(2) The director appointed under section 23 of the Guaranteed Available Income for Need Act shall, within 60 days after section 4 of this Act comes into force, notify all individuals to whom subsection (1) applies of the following:

(a) that they are deemed to have assigned to the Crown the rights referred to in that subsection;

(b) that if they wish to withdraw the maintenance order from filing they may do so under section 6 (1) of the Family Maintenance Enforcement Act;

(c) that if they wish to terminate the deemed assignment they must notify that director in writing.

(3) Where, before section 4 of this Act comes into force, the Crown has exercised its rights under section 19.2 (1) of the Guaranteed Available Income for Need Act, as enacted by the Guaranteed Available Income for Need Amendment Act, 1987, to bring or defend a proceeding, the Crown may, with the consent of the individual, continue the proceeding after the coming into force of section 4 of this Act until a final order is made.

Commencement

13 This Act comes into force by regulation of the Lieutenant Governor in Council.


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