Canada Disability Benefit Regulations (SOR/2025-35)

Marginal note:Written submissions

26 The judge appointed to hear the reference may, with the consent of the appellant, require that written submissions be filed by the appellant, the Minister and any person added as a party to the appeal in addition to or in lieu of an oral hearing.

Marginal note:Decision

• 27 (1) The judge appointed to hear the reference must advise the Registrar of the Court of the judge’s decision.

• Marginal note:Certified copy of decision

  (2) After being advised of the decision, the Registrar of the Court must forward a certified copy of the decision to the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal.

Marginal note:Costs and fees

28 No costs may be awarded on the disposition of a reference and no fees may be charged to the appellant by the Court.

Marginal note:Other grounds of appeal

29 If the appellant sets out both a ground of appeal that has been referred to the Court under subsection 66(2) of the Department of Employment and Social Development Act and a ground of appeal that has not been referred to the Court under that subsection, the Social Security Tribunal, on receipt of a certified copy of the decision of the Court, must proceed in accordance with the Social Security Tribunal Rules of Procedure.

Marginal note:Mailing address

30 All notices, requests and other documents must be addressed to the person to whom they are required to be sent, forwarded or mailed at their last known address.

Administrative Errors

Marginal note:Denial of benefit due to administrative error

31 If the Minister is satisfied that, as a result of an administrative error in the administration of the Act or these Regulations, any person has been denied a benefit, or a portion of a benefit, to which that person would have been entitled, the Minister must take any remedial action that the Minister considers appropriate to place the person in the position that they would be in had the administrative error not been made.

Compliance and Enforcement

Marginal note:Inspections

• 32 (1) The Minister may, for any purpose relating to the administration or enforcement of the Act or these Regulations, examine any document that relates or may relate to the entitlement of a person to a benefit or the amount of a benefit.

• Marginal note:Requirement to provide information or documents

  (2) Despite any other provision of the Act or these Regulations, the Minister may, subject to subsection (3), by notice served personally or by confirmed delivery service, require that any person provide any information or document for any purpose relating to the administration or enforcement of the Act or these Regulations within the reasonable time specified in the notice.

• Marginal note:Other persons

  (3) The Minister must obtain the authorization of a judge under subsection (4) before requiring that a person — other than an applicant, a beneficiary or the representative of an applicant or beneficiary who is incapable of managing their own affairs — provide information or documents under subsection (2).

• Marginal note:Judicial authorization

  (4) On an ex parte application by the Minister, a judge may, subject to the conditions that the judge considers appropriate, authorize the Minister to require information or documents under subsection (2) from a person referred to in subsection (3) if the judge is satisfied by information on oath that the information or documents are required to verify compliance by the person with a duty or obligation under the Act or these Regulations.

• Marginal note:Service of authorization

  (5) An authorization granted under subsection (4) must be served together with the notice referred to in subsection (2).

• Marginal note:Review of authorization

  (6) A person on whom an authorization and a notice are served under subsection (5) may, not later than 15 days after the day on which the authorization and notice are served, apply to the judge who granted the authorization under subsection (4) or, if that judge is unable to act, to another judge of the same court for a review of the authorization.

• Marginal note:Powers on review

  (7) On hearing an application under subsection (6), a judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions referred to in subsection (4) have been met, and the judge may confirm or vary the authorization if the judge is satisfied that those conditions have been met.

• Definition of judge

  (8) For the purposes of this section, judge means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court.

Marginal note:Copies as evidence

33 When a document is examined or provided under the Act or these Regulations, the person by whom it is examined or to whom it is provided may make or cause to be made one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.

Marginal note:Obligation to appear

34 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with the Act or these Regulations, require an applicant, a beneficiary or the representative of an applicant or beneficiary who is incapable of managing their own affairs 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 document related to their application that the Minister may require.

Administrative Monetary Penalties

Marginal note:Violations

• 35 (1) A person commits a violation if they

  • (a) knowingly make, in relation to an application for a benefit under the Act, a representation that is false or misleading; or

  • (b) make an application for, and receive, a benefit under the Act knowing that they are not eligible to receive it.

• Marginal note:Penalty

  (2) Subject to subsection (7), the Minister may impose a penalty on a person if the Minister is of the opinion, based on documents or information collected or obtained by the Minister, that the person has committed a violation.

• Marginal note:Amount of penalty

  (3) The penalty that the Minister may issue is

  • (a) for a first violation, 15% of the amount calculated by multiplying by 12 the basic amount payable to a beneficiary during the payment period in which the violation was committed, calculated in accordance with section 6 without any reduction based on income; and

  • (b) for each subsequent violation, 50% of the amount calculated by multiplying by 12 the basic amount payable to a beneficiary during the payment period in which the violation was committed, calculated in accordance with section 6 without any reduction based on income.

• Marginal note:Presumption — first violation

  (4) For the purposes of subsection (3), if no penalty was imposed on a person under this section in the 10 years preceding the day on which a violation occurred, the violation is deemed to be a first violation.

• Marginal note:For greater certainty

  (5) For greater certainty, no penalty may be imposed on a person if they mistakenly believe that a representation is true or that they, or the person on whose behalf they made an application for a benefit, were eligible to receive the benefit, as the case may be.

• Marginal note:Limitation

  (6) A penalty must not be imposed on a person in respect of an act referred to in subsection (1) if

  • (a) a prosecution for the act has been initiated against the person; or

  • (b) five years have passed since the day on which the Minister became aware of the act.

• Marginal note:Rescission of penalty

  (7) The Minister may rescind a penalty imposed under subsection (2)

  • (a) on the presentation of new facts; or

  • (b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.

Offences

Marginal note:Offences

• 36 (1) A person is guilty of an offence punishable on summary conviction if they

  • (a) knowingly use false identity information or another person’s information for the purpose of obtaining a benefit for themselves;

  • (b) counsel a person to apply for a benefit with the intent to steal all or a substantial part of it; or

  • (c) knowingly make false or misleading representations in relation to an application for a benefit.

• Marginal note:Saving

  (2) No proceeding may be commenced under this section or the Criminal Code for an act if a penalty for that act has been imposed under section 35.

Debts and Overpayments

Marginal note:Return of benefit

• 37 (1) A person or agency that has received a benefit payment to which the person or agency is not entitled, or that has received a benefit payment in excess of the amount of the benefit to which the person or agency is entitled, must return the amount of the erroneous payment or the overpayment, as the case may be, as soon as feasible.

• Marginal note:Debt due to His Majesty

  (2) The amount of the erroneous payment or overpayment constitutes a debt due to His Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister.

• Marginal note:Payment in instalments

  (3) A debt recoverable from a person under this section may be paid as a single payment or, if the Minister agrees, in instalments in any amount that does not cause undue hardship to the person.

• Marginal note:No interest

  (4) No interest is payable on any amount owing to His Majesty in right of Canada under the Act or these Regulations that results from an erroneous payment or overpayment.

• Marginal note:Exception

  (5) In the case of an amount owing to His Majesty in right of Canada that results from a payment that was made as a result of a violation for which a penalty was imposed under section 35 or as a result of an offence under subsection 36(1) for which a fine or a term of imprisonment was imposed under the Criminal Code, subsection (4) applies only during any period in which

  • (a) a request for reconsideration, application for judicial review or appeal can be made with respect to the violation or offence; or

  • (b) the reconsideration, judicial review or appeal is pending.

Marginal note:Recovery of penalties

• 38 (1) A penalty imposed under section 35 constitutes a debt due to His Majesty in right of Canada, as of the day on which it was imposed, that may be recovered by the Minister.

• Marginal note:No interest

  (2) Interest on the debt does not accrue during any period in which

  • (a) a request for reconsideration, application for judicial review or appeal can be made with respect to the decision to impose a penalty or the decision as to the amount of the penalty; or

  • (b) the reconsideration, judicial review or appeal is pending.

Marginal note:Limitation period or prescription

• 39 (1) Subject to subsections (2) and (3), no action or proceedings may be taken to recover money owing under the Act or these Regulations after the end of the six-year limitation period or prescription that begins on the day on which the money becomes due and payable.

• Marginal note:Limitation period or prescription suspended

  (2) The running of a limitation period or prescription is suspended during any period in which

  • (a) it is prohibited to commence or continue an action or other proceedings against the debtor to recover money owing under the Act or these Regulations; or

  • (b) a review of a decision establishing liability in respect of money owing under the Act or these Regulations is pending.

• Marginal note:Enforcement proceedings

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

Marginal note:Certificates

• 40 (1) All or part of the debt that has not been recovered may be certified by the Minister

  • (a) without delay, if, in the Minister’s opinion, the debtor is attempting to avoid payment; and

  • (b) 30 days after the day on which the default occurred, in any other case.

• Marginal note:Registration of certificate

  (2) On production to the Federal Court, the certificate must be registered in the Court. When it is registered, it has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate.

• Marginal note:Judgment

  (3) A certificate registered under subsection (2) may also be registered in the superior court of a province as if it were a document evidencing a judgment of that court.

• Marginal note:Costs

  (4) All reasonable costs and charges for the registration of the certificate are recoverable in the same way as if they had been certified and the certificate registered under this section.

• Marginal note:Charge

  (5) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2) or (3) may be recorded for the purpose of creating security, or a charge, lien or priority on, or a binding interest in, property in a province, or any interest in, or for civil law any right in, such property held by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create security, or a charge, lien or priority on, or a binding interest in, property in a province, or any interest in, or for civil law any right in, such property held by the person.

• Marginal note:Garnishment

  (6) If the Minister knows or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment to His Majesty in right of Canada under the Act or these Regulations, the Minister may, by notice served personally or by confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person’s liability.

• Marginal note:Debt due to His Majesty

  (7) An amount not paid as required by a notice under subsection (6) is a debt due to His Majesty in right of Canada.

Consequential Amendment to the Social Security Tribunal Regulations, 2022 – Department of Employment and Social Development Act

41 [Amendments]

Coming into Force

Marginal note:May 15, 2025

42 These Regulations come into force on May 15, 2025.