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 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: support@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:

• BC Disability Benefits Help Sheets. Disability Alliance BC publishes 19 guides available at http://disabilityalliancebc.org/category/publications/help-sheets/ which over many areas relating to applying for benefits and appealing decisions. This includes a guide on COVID-19 Supports and Programs.
• How to Apply for welfare, Applying for welfare online and Welfare Benefits: plain language guides published by Legal Aid BC for welfare applicants are available at the following links.
  • How to apply for Welfare: https://lss.bc.ca/publications/pub.php?pub=491
  • Applying for Welfare Online: https://lss.bc.ca/publications/pub.php?pub=497
  • Welfare Benefits: https://lss.bc.ca/publications/pub.php?pub=499
  • When You're on Welfare: https://lss.bc.ca/publications/pub/your-welfare-rights-when-youre-welfare
  • Income Assistance on Reserve in British Columbia: https://lss.bc.ca/publications/pub/income-assistance-reserve-british-columbia

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