• Not be in receipt of income support and training benefit under the Income and Employment Supports Act; and • Not be a resident of an institution355 c. British Columbia Legal Framework British Columbia Medical Services Plan In British Columbia, “residents” must apply to enroll as beneficiaries in the Medical Services Plan (“MSP”) in order to receive publicly funded healthcare services in British Columbia356 A “resident” means a person who is: a citizen of Canada or a person who is lawfully admitted to Canada for permanent residence; makes their home in British Columbia; and is physically present in British Columbia for at least 6 months in a calendar year or a shorter prescribed period.357 “Resident” also includes a person who is a “deemed resident” under the regulations.358 A “deemed resident” does not include a tourist or a visitor to British Columbia.359 However, a deemed resident includes the following individuals who make their home in British Columbia, are physically present in British Columbia for at least 6 months in a calendar year, and: • Possesses a valid study permit of at least 6 months, • Possesses a valid work permit of at least 6 months, • Is a spouse or child of a resident who has applied for permanent resident status and the application is still active, or • Is an adopted child, or is being adopted, by a resident.360 Individuals who are not eligible to be enrolled in the MSP need to acquire private health insurance at personal expense in order to cover any required medical services. British Columbia Welfare & Disability Assistance In order to be eligible for welfare in British Columbia, known as BC Employment and Assistance (“BCEA”), a person must be an adult (19 or older), live in British Columbia and have a low income following an assessment for assets and financial resources.361 In addition, the person must meet the “citizenship requirements”. This means that at least one adult member of the family unit must be a Canadian citizen, a permanent resident, a Convention refugee or a Person in Need of Protection under the IRPA, in Canada under a temporary residence permit Ibid., at s. 3(3); and Assured Income for the Severely Handicapped Regulation, Alta Reg 91/2007, at s. 4(2), available at: http://canlii.ca/t/lggt. 356 Medicare Protection Act, RSBC 1996, c 286, at ss. 7.1-7.2, available at: http://canlii.ca/t/52crl [Medicare Protection Act]. See also, Ministry of Health, “Eligibility and Enrolment?”, available at: http://tinyurl.com/p92cayj. 357 Medicare Protection Act, ibid., at s. 1. 358 Ibid., at s. 1. 359 Ibid., at s. 1. 360 Medical and Health Care Services Regulation, BC Reg 426/97, at s. 2(a), (b), (d), (f), (g), available at: http://canlii.ca/t/52dq2. 361 Employment and Assistance Regulation, BC Reg 263/2002, at ss. 5, 8-13.1, available at: http://canlii.ca/t/52fd9. 355 75 75