Canada Recovery Benefits Act (S.C. 2020, c. 12, s. 2)

PART 4General

Marginal note:Regulations

24 The Governor in Council may, by regulation, prescribe

• (a) any other source of income for the purposes of subparagraphs 3(1)(d)(v), 10(1)(d)(v) and 17(1)(d)(v); and

• (b) any other income for the purposes of subparagraphs 3(1)(h)(iii), 10(1)(g)(iv) and 17(1)(g)(iv).

Marginal note:Replacement of May 7, 2022

24.1 The Governor in Council may, by regulation, on the recommendation of the Minister, amend any of the following provisions to replace the date of May 7, 2022 by a date not later than July 2, 2022 and, if any of the following provisions was amended by such a regulation, to amend the provision again by replacing the date set out in it as a result of the previous regulation by a date not later than July 2, 2022:

• (a) subsection 10(1);

• (b) subsection 11(1);

• (c) subsection 17(1); and

• (d) subsection 18(1).

Marginal note:Social Insurance Number

25 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application for a benefit under this Act.

Marginal note:Provision of information and documents

• 26 (1) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by a notice served personally or by a confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.

• Marginal note:Obligation to appear

  (2) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, require a person who is applying for a benefit under this Act, or who has received a benefit under this Act, to be at a suitable place — or to be available by audioconference or videoconference or in any other suitable manner — at a suitable time in order to provide any information or any document about their application for the benefit that the Minister may require in respect of the application.

• Marginal note:Entitlement to benefits

  (3) A person who fails to fulfil or comply with a requirement under subsection (1) or (2) is not eligible for a benefit under this Act in respect of the period to which the application relates.

Marginal note:Minister of Health

26.1 The Minister of Health may assist the Minister in verifying whether a person meets the eligibility condition referred to in paragraph 3(1)(m), 10(1)(i) or 17(1)(i) and may, for that purpose, disclose to the Minister personal information obtained under the Quarantine Act in respect of any person who is required to quarantine or isolate themselves under any order made under that Act as a result of entering into Canada, including

• (a) their name and date of birth;

• (b) the date they entered into Canada; and

• (c) the date of the last day on which they are or were required to quarantine or isolate themselves under the order.

Marginal note:Payments cannot be charged, etc.

27 A benefit under this Act

• (a) is not subject to the operation of any law relating to bankruptcy or insolvency;

• (b) cannot be assigned, charged, attached or given as security;

• (c) cannot be retained by way of deduction, set-off or compensation under any Act of Parliament other than this Act; and

• (d) is not garnishable moneys for the purposes of the Family Orders and Agreements Enforcement Assistance Act.

Marginal note:Return of erroneous payment or overpayment

• 28 (1) If the Minister determines that a person has received a benefit under this Act to which they are not entitled, or an amount in excess of the amount of a benefit under this Act to which they are entitled, the person must repay the amount of the payment or the excess amount, as the case may be, as soon as is feasible.

• Marginal note:Recovery as a debt to Her Majesty

  (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty as of the day on which the amount was paid and the debt is payable and may be recovered by the Minister as of the day the Minister determined the amount of the erroneous payment or overpayment.

Marginal note:Garnishment — financial institution

• 29 (1) The Minister may, by a notice served personally or by a confirmed delivery service, order a financial institution, as defined in section 2 of the Bank Act, that holds or maintains a deposit account for a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the deposit account all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty.

• Marginal note:Garnishment — employer

  (2) The Minister may, by a notice served personally or by a confirmed delivery service, order the employer of a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the remuneration that would be otherwise payable by the employer to the person all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty.

• Marginal note:Debt to Her Majesty

  (3) An amount not paid as required by a notice under subsection (1) or (2) is

  • (a) if a day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day specified in the notice and the debt is payable and may be recovered by the Minister as of the day after the day specified in the notice; or

  • (b) if no day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day the notice is served and the debt is payable and may be recovered by the Minister as of the day after the day the notice is served.

• Marginal note:Discharge of liability

  (4) The receipt of the Receiver General of money paid as required under subsection (1) or (2) is a good and sufficient discharge of the original liability of the person to the extent of the payment.

Marginal note:Reconsideration of application

• 30 (1) Subject to subsection (5), the Minister may reconsider an application for benefits under this Act within 36 months after the benefits have been paid.

• Marginal note:Decision

  (2) If the Minister decides that a person has received money by way of benefits under this Act to which they were not entitled, or has not received money to which they were entitled, the Minister must calculate the amount of the money and notify the person of the Minister’s decision.

• Marginal note:Amount repayable

  (3) Section 28 applies if the Minister decides that a person has received money by way of benefits to which they were not entitled.

• Marginal note:Amount payable

  (4) If the Minister decides that a person was entitled to receive money by way of benefits under this Act, and the money was not paid, the amount calculated under subsection (2) is payable to the person.

• Marginal note:Extended time to reconsider claim

  (5) If, in the opinion of the Minister, a false or misleading statement or representation has been made in connection with an application for benefits under this Act, the Minister has 72 months within which to reconsider the application.

Marginal note:Request for review

• 31 (1) A person who is the subject of a decision of the Minister made under this Act may make a request, in the form and manner established by the Minister, to the Minister for a review of that decision at any time within 30 days after the day on which they are notified of the decision or any further time that the Minister may allow.

• Marginal note:Clarification

  (2) For the purpose of this section, a decision of the Minister includes the issuance of an order under subsection 29(1) or (2) and the person to whom the order is served and the person who would not be paid an amount as the result of the issuance of the order are each deemed to be a person who is the subject of a decision of the Minister.

• Marginal note:Review

  (3) The Minister must review the decision if a request for its review is made under subsection (1). On completion of the review, the Minister must confirm, vary or rescind the decision.

• Marginal note:Notification

  (4) The Minister must notify the person who made the request of the Minister’s decision under subsection (3).

Marginal note:Certificate of default

32 The amount of any debt due to Her Majesty under this Act may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs.

Marginal note:Limitation or prescription period

• 33 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes payable.

• Marginal note:Deduction, set-off or compensation

  (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including any benefit under this Act, that may be payable by Her Majesty to the person, other than an amount payable under section 122.61 of the Income Tax Act.

• Marginal note:Acknowledgment of liability

  (3) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period.

• Marginal note:Acknowledgment after expiry of limitation or prescription period

  (4) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.

• Marginal note:Types of acknowledgment

  (5) An acknowledgment of liability means

  • (a) a promise to pay the money owing, made by the person or their agent or mandatary or other representative;

  • (b) an acknowledgment of the money owing, made by the person or their agent or mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;

  • (c) a part payment by the person or their agent or mandatary or other representative of any money owing; or

  • (d) an acknowledgment of the money owing, made in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts, by the person, their agent or mandatary or other representative or the trustee or administrator.

• Marginal note:Limitation or prescription period suspended

  (6) The running of a limitation or prescription period in respect of money owing under this Act is suspended

  • (a) during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act; or

  • (b) during any period in which any review of a decision establishing the liability in respect of money owing under this Act is pending.

• Marginal note:Enforcement proceedings

  (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

Marginal note:Interest payable

• 34 (1) Interest is payable on any debt due to Her Majesty under subsection 8(2).

• Marginal note:No interest payable

  (2) No interest is payable on any debt due to Her Majesty under subsection 29(3), under section 38 and under any provision of this Act as a result of an erroneous payment or overpayment.