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"Point in Time" Regulation Content

Continuing Care Act

Continuing Care Fees Regulation

B.C. Reg. 330/97

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 January 31, 2010
February 1, 2010
March 18, 2013
April 15, 2019
Section 2 January 31, 2010
January 30, 2013
June 10, 2016
Section 3 January 31, 2010
March 29, 2010
Section 4 February 1, 2010
Section 5 February 1, 2010
February 1, 2012
June 10, 2016
April 15, 2019
Section 5.1 February 1, 2010
March 1, 2011
Section 6 January 30, 2013
Section 7 February 1, 2010

 Section 1 definition of "qualified client" BEFORE repealed by BC Reg 278/2009, effective January 31, 2010.

"qualified client" means a client who

(a) receives home support services, and

(b) has, or his or her spouse has, earned income;

 Section 1 definitions of "Act", "after tax income" and "residential care services" were added by BC Reg 278/2009, effective February 1, 2010.

 Section 1 definition of "remaining annual income" BEFORE amended by BC Reg 278/2009, effective February 1, 2010.

"remaining annual income" means an amount calculated using the following formula:

RAI = C + S - CT - UCCB - CI - I
where:
"RAI"means remaining annual income;
"C"means the net income of the client as reported on line 236 of the client's income tax return, for the immediately preceding taxation year;
"S"means the net income of the client's spouse as reported on line 236 of the spouse's income tax return, for the immediately preceding taxation year, if
 (a)home support services are provided, or
 (b)the client resides in a facility or a family care home;
"CT"means the total income tax paid by the client and, if the value of S is greater than 0, by the client's spouse, as reported on line 435 of their income tax returns, for the immediately preceding taxation year;
"UCCB"means the amount of the annual benefit under section 4 of the Universal Child Care Benefit Act (Canada) that
 (a)is paid to the client, as reported on line 117 of the client's income tax return for the immediately preceding taxation year,
 (b)is paid to the spouse of the client, as reported on line 117 of the spouse's income tax return for the immediately preceding taxation year, or
 (c)is paid to both the client and the spouse of the client, as reported in the manner referred to in paragraphs (a) and (b);
"CI"means the annual earned income for the client and, if the value of S is greater than 0, for the client's spouse, to a maximum of
 (a)$15 000 per person if the client is not a qualified client, or
 (b)$25 000 per person if the client is a qualified client;
"I"means the amount of income that corresponds to the client's family unit size in the following table:
Family Unit
Size
Amount of
Income

1$10 284
2$16 752
3$19 164
4$20 880
5$22 716
6$24 312
7$25 908
8$27 384
9$28 860
10$30 336

 Section 1 definition of "spouse" BEFORE repealed by BC Reg 356/2012, effective March 18, 2013.

"spouse" means a person who is married to, or is living in a marriage-like relationship with, a client and, for the purposes of this definition, the marriage or marriage-like relationship may be between persons of the same gender;

 Section 1 definitions of "assisted living services" and "home support services" BEFORE amended by BC Reg 83/2019, effective April 15, 2019.

"assisted living services" means a continuing care program prescribed in the Continuing Care Programs Regulation;

"home support services" means a continuing care program prescribed in the Continuing Care Programs Regulation;

 Section 1 definition of "residential care services" BEFORE repealed by BC Reg 83/2019, effective April 15, 2019.

"residential care services" means a continuing care program prescribed in the Continuing Care Programs Regulation and described as Continuing Care Residential Care Services;

 Section 1 definition of "long-term care services" was added by BC Reg 83/2019, effective April 15, 2019.

 Section 2 BEFORE amended by BC Reg 278/2009, effective January 31, 2010.

 Consent to release of documentation

2  (1)  The client and, if applicable, the spouse must, in the form and manner specified by the minister, consent to and authorize Canada Customs and Revenue Agency to release to the Minister of Health Services any documentation necessary to verify the information required by this regulation in order that the minister may determine whether the client is eligible for

(a) ministry-funded home support services, or

(b) a daily charge which is less than the highest daily rate charged to a client who resides in a facility or a family care home.

(2)  If the client and, if applicable, the spouse do not give the consent and authorization required by subsection (1), the client

(a) will be required to pay the highest daily rate charged under this regulation for accommodation in a facility or family care home, or

(b) will not receive ministry funded home support services.

[am. B.C. Reg. 75/2005, s. 2.]

 Section 2 BEFORE amended by BC Reg 17/2013, effective January 30, 2013.

 Consent to release of documentation

2  (1)  The client and, if applicable, the spouse must, in the form and manner specified by the minister, consent to and authorize Canada Revenue Agency to release to the Minister of Health Services any documentation necessary to verify the information required by this regulation in order that the minister may determine whether the client is eligible for

(a) ministry-funded home support services, or

(b) a daily charge which is less than the highest daily rate charged to a client who resides in a facility or a family care home.

(2)  If the client and, if applicable, the spouse do not give the consent and authorization required by subsection (1), the client

(a) will be required to pay the highest daily rate charged under this regulation for accommodation in a facility or family care home, or

(b) will not receive ministry funded home support services.

[am. B.C. Regs. 75/2005, s. 2; 278/2009, s. 2.]

 Section 2 (1) (part) BEFORE amended by BC Reg 134/2016, effective June 10, 2016.

(1) The client and, if applicable, the spouse must, in the form and manner specified by the minister, consent to and authorize Canada Revenue Agency to release to the Minister of Health Services any documentation necessary to verify the information required by this regulation in order that the minister may determine whether the client is eligible for

 Section 3 (1.1) BEFORE amended by BC Reg 278/2009, effective January 31, 2010.

(1.1)  A qualified client is not required to pay more than $300 for home support services in a month.

 Section 3 (1.1) BEFORE amended by BC Reg 84/2010, effective March 29, 2010.

(1.1)  A client is not required to pay more than $300 for home support services in a month.

 Section 4 BEFORE repealed by BC Reg 278/2009, effective February 1, 2010.

 Daily charge for recipients of other benefits

4  (1)  For the purposes of section 5, a client who resides in a facility or a family care home is deemed to have a remaining annual income of $7 000 or less if the client receives any of the following:

(a) the guaranteed income supplement, the spouse's allowance or the survivor's allowance under the Old Age Security Act (Canada);

(b) income assistance under the Employment and Assistance Act;

(b.1) disability assistance under the Employment and Assistance for Persons with Disabilities Act;

(c) a war veteran's allowance under the War Veterans Allowance Act (Canada).

(2)  The daily charge for a person living in the same room as his or her spouse and receiving the old age security pension/guaranteed income supplement is $22.20, and must be adjusted every year on January 1, commencing on January 1, 2004, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year.

(3) and (4)  Repealed. [B.C. Reg. 75/2005, s. 4 (c).]

[en. B.C. Reg. 295/2002; am. B.C. Regs. 344/2003, s. 1; 75/2005, s. 4.]

 Section 5 BEFORE amended by BC Reg 278/2009, effective February 1, 2010.

 Daily charge for facility or family care home clients

5  (1)  For the purposes of this section, the remaining annual income is calculated for a client who has a spouse, or a spouse and a child, as the lesser of

(a) a single person without a child, and

(b) a person with a spouse together with any child or children they may have.

(2)  The daily charge for a client who resides in a facility or a family care home is the amount in Column 2 set out opposite the remaining annual income in Column 1 of the following table:

Column 1Column 2
Remaining Annual IncomeRate
$0 — $7 000.00$28.10
$7 000.01 — $9 000.00$30.60
$9 000.01 — $11 000.00$33.90
$11 000.01 — $13 000.00$36.90
$13 000.01 — $15 000.00$40.90
$15 000.01 — $18 000.00$45.30
$18 000.01 — $21 000.00$49.50
$21 000.01 — $24 000.00$53.80
$24 000.01 — $27 000.00$58.10
$27 000.01 — $30 000.00$62.70
$30 000.01 or more$67.50

(3)  The daily charge must be adjusted every year on January 1, commencing on January 1, 2004, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.

[en. B.C. Reg. 295/2002; am. B.C. Regs. 316/2003, s. 2; 344/2003, s. 2 (b); 75/2005, s. 5.]

 Section 5 (1) (a) and(b) BEFORE amended by BC Reg 231/2011 effective February 1, 2012.

(a) if the client's after tax income is at least $1 375, 80% of the client's after tax income, or

(b) if the client's after tax income is less than $1 375, an amount that equals the client's after tax income minus $275.

 Section 5 (2) BEFORE amended by BC Reg 231/2011 effective February 1, 2012.

(2)  The maximum charge under subsection (1) is $2 932, adjusted every year on January 1, beginning on January 1, 2012, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.

 Section 5 (3) (b) BEFORE amended by BC Reg 231/2011 effective February 1, 2012.

(b) $275, adjusted every year on January 1, beginning on January 1, 2011, and rounded down to the nearest $0.10.

 Section 5 (2) BEFORE amended by BC Reg 134/2016, effective June 10, 2016.

(2) The maximum charge under subsection (1) is $2 932, adjusted every year on January 1, beginning on February 1, 2012, by the percentage increase of the consumer price index, if any, for the 12 month period ending on August 31 of the previous year and rounded down to the nearest $0.10.

 Section 5 (1) (part) BEFORE amended by BC Reg 83/2019, effective April 15, 2019.

(1) Subject to subsections (2), (3) and (4), a client who receives residential care services must pay a monthly charge that equals

 Section 5.1 was enacted by BC Reg 278/2009, effective February 1, 2010.

 Section 5.1 BEFORE self-repealed by BC Reg 330/97, effective March 1, 2011.

 Monthly charge for recipients of residential care services on January 31, 2010

5.1  (1)  In this section:

"former monthly charge" means the monthly charge a grandparented client would have had to pay for residential care services if section 5 had not been repealed and replaced by B.C. Reg. 278/2009;

"grandparented client" means a client who

(a) is receiving residential care services on January 31, 2010 and continues to receive residential care services after that date, or

(b) is approved under the Act on or before January 31, 2010 to receive residential care services and receives residential care services after that date;

"new monthly charge" means the monthly charge a grandparented client must pay for residential care services after the repeal and replacement of section 5 by B.C. Reg. 278/2009.

(2)  Despite section 5, if the new monthly charge for a grandparented client is higher than the former monthly charge for the grandparented client, the grandparented client must pay a monthly charge that is equal to

(a) for the period beginning February 1, 2010 and ending December 31, 2010, the former monthly charge plus 50% of the difference between the former monthly charge and the new monthly charge, and

(b) beginning January 1, 2011, the monthly charge applicable under section 5.

(3)  This section is repealed March 1, 2011.

[en. B.C. Reg. 278/2009, s. 4.]

 Section 6 (1) BEFORE amended by BC Reg 17/2013, effective January 30, 2013.

  (1)  The minister may waive all or some portion of the daily charge up to a maximum of one year for a client residing in a facility or family care home if the client is unable to pay because of financial hardship.

 Section 6 (1.1) was added by BC Reg 17/2013, effective January 30, 2013.

 Section 6 (2) and (3) BEFORE amended by BC Reg 17/2013, effective January 30, 2013.

  (2)  A client who has been granted a hardship waiver under subsection (1) must inform the local health authority, in writing and within 10 days, of any changes in his or her monthly disposable income which may affect his or her hardship waiver.

(3)  A client who has been granted a hardship waiver under subsection (1)

 Section 7 BEFORE amended by BC Reg 278/2009, effective February 1, 2010.

 Monthly charge for assisted living services

7  (1)  For the purposes of this section, "after tax income" means, for the previous taxation year,

(a) the net income of the client as reported on line 236 of the client's income tax return, plus

(b) if the client has a spouse, the net income of the client's spouse as reported on line 236 of the spouse's income tax return,

minus

(c) the total income tax paid by the client plus the client's spouse as reported on line 435 of their income tax returns,

(d) UCCB, as defined in section 1 for the purposes of the definition of "remaining annual income",

divided by 12.

(2)  A client who receives assisted living services must pay a monthly charge that equals 70% of the client's after tax income.

[en. B.C. Reg. 2/2003, s. 2; am. B.C. Reg. 359/2007, s. 2.]