Canada Disability Benefit Regulations (SOR/2025-35)

Definitions

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Canada Disability Benefit Act. (Loi)

applicant

applicant means a person who has applied for a benefit or on whose behalf an application for a benefit has been made. (demandeur)

beneficiary

beneficiary means a person to whom payment of a benefit has been approved or on whose behalf a benefit has become payable. (prestataire)

benefit

benefit means a Canada disability benefit payable under the Act. (prestation)

cohabiting spouse or common-law partner

cohabiting spouse or common-law partner has the same meaning as in section 122.6 of the Income Tax Act. (époux ou conjoint de fait visé)

payment period

payment period means the period beginning on July 1 of a calendar year and ending on June 30 of the following calendar year. (période de paiement)

release

release, in relation to a person who has been incarcerated, means release from custody on earned remission, at the expiry of a sentence, or on parole or statutory release that has not been terminated or revoked. (libération)

Eligibility

Marginal note:Eligibility criteria

• 2 (1) A person is eligible to receive a benefit for any month after May 2025 in which they meet the following criteria:

  • (a) they are at least 18 years of age but not more than 65 years of age;

  • (b) they are a DTC-eligible individual, as defined in subsection 146.4(1) of the Income Tax Act;

  • (c) they are resident in Canada for the purposes of the Income Tax Act and are

    • (i) a Canadian citizen,

    • (ii) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,

    • (iii) a temporary resident within the meaning of the Immigration and Refugee Protection Act who was resident in Canada for the 18 months preceding that month,

    • (iv) a protected person within the meaning of the Immigration and Refugee Protection Act, or

    • (v) an Indian as defined in subsection 2(1) of the Indian Act;

  • (d) they are not incarcerated as a result of a sentence of imprisonment of two years or more that is to be served in a penitentiary by virtue of any Act of Parliament; and

  • (e) they have filed a return of income under the Income Tax Act for the last taxation year that ended before the beginning of the payment period in which that month falls.

• Marginal note:Exception — 65 years of age

  (2) Despite paragraph (1)(a), a person is eligible for a benefit for the month in which they turn 65 years of age.

• Marginal note:Exception — incarceration

  (3) Despite paragraph (1)(d), a person is eligible for a benefit for the first month in which they are incarcerated and for the month in which they are released.

• Marginal note:Condition — cohabiting spouse or common-law partner

  (4) Despite subsections (1) to (3), a person is eligible for a benefit for any month in a payment period only if their cohabiting spouse or common-law partner has filed a return of income under the Income Tax Act for the last taxation year that ended before the beginning of that payment period.

• Marginal note:Waiver

  (5) The Minister may waive the condition set out in subsection (4) if the Minister is satisfied that the condition is unreasonable or impracticable in the circumstances, including if

  • (a) the cohabiting spouse or common-law partner is not resident in Canada for the purposes of the Income Tax Act;

  • (b) for reasons not attributable to the person or their cohabiting spouse or common-law partner, the person is not living with their cohabiting spouse or common-law partner; or

  • (c) the cohabiting spouse or common-law partner has engaged in family violence as defined in subsection 2(1) of the Divorce Act.

• Marginal note:Exception — suspension of payments

  (6) Despite subsections (1) to (3), a person is not eligible for a benefit for any month during which payment of a benefit has been suspended under section 11.

Marginal note:Evidence of age and identity

3 The Minister may determine the age and identity of an applicant on the basis of any information made available to the Minister by the Canada Employment Insurance Commission under subsection 28.2(5) of the Department of Employment and Social Development Act.

Application for Benefits

Marginal note:Form of application

• 4 (1) An application for benefits must be made in the form and manner specified by the Minister.

• Marginal note:Application made

  (2) An application is deemed to have been made only when it is received by the Minister.

• Marginal note:Timing

  (3) An application may be made before or after a person becomes eligible for a benefit.

• Marginal note:New application

  (4) If, for any given month, a beneficiary becomes ineligible, their benefit ceases as of that month and they must make a new application to resume benefits.

Marginal note:Approval date

• 5 (1) Subject to subsection (2), an application is deemed to be approved by the Minister on the earliest day on which an applicant becomes eligible for a benefit in accordance with the Act and these Regulations and for which a benefit has not already been paid.

• Marginal note:Time limit

  (2) The earliest day on which an application can be deemed to have been approved is the day that is 24 months before the day on which the application is made.

Amount of Benefit

Marginal note:Calculation of monthly benefit

• 6 (1) The benefit that is payable to a beneficiary for any month for which they are eligible to receive a benefit in a payment period is the amount — rounded to the nearest cent or, if the amount is equidistant from two cents, to the higher of them — determined by the formula

  (($2,400 × A) − B) ÷ 12

  where

  A

  is the indexing factor for the payment period, calculated in accordance with subsection (5); and

  B

  is the reduction based on income, calculated in accordance with whichever of subsections (2) to (4) applies to the beneficiary on the last day of the month that precedes the applicable month.

• Marginal note:Reduction — single beneficiary

  (2) If the beneficiary does not have a cohabiting spouse or common-law partner, the reduction based on income is the greater of zero and the amount determined by the formula

  20% × (C − D − ($23,000 × A))

  where

  C

  is the beneficiary’s adjusted income for the last taxation year that ended before the beginning of the payment period, without taking into account the income of the person who was their cohabiting spouse or common-law partner, if any, at the end of that year;

  D

  is the lesser of

  • (a) the beneficiary’s working income for the last taxation year that ended before the beginning of the payment period, and

  • (b) the product of $10,000 and the indexing factor for the payment period, calculated in accordance with subsection (5); and

  A

  is the indexing factor for the payment period, calculated in accordance with subsection (5).

• Marginal note:Reduction — non-beneficiary spouse or partner

  (3) If the beneficiary has a cohabiting spouse or common-law partner who is not a beneficiary, the reduction based on income is the greater of zero and the amount determined by the formula

  20% × (E − F − ($32,500 × A))

  where

  E

  is the beneficiary’s adjusted income for the last taxation year that ended before the beginning of the payment period or, if their current cohabiting spouse or common-law partner was not their cohabiting spouse or common-law partner at the end of that year, the amount that would have been the beneficiary’s adjusted income if their current cohabiting spouse or common-law partner had been their cohabiting spouse or common-law partner at the end of that year;

  F

  is the lesser of

  • (a) the sum of the beneficiary’s working income for the last taxation year that ended before the beginning of the payment period and that of their cohabiting spouse or common-law partner, and

  • (b) the product of $14,000 and the indexing factor for the payment period, calculated in accordance with subsection (5); and

  A

  is the indexing factor for the payment period, calculated in accordance with subsection (5).

• Marginal note:Reduction — beneficiary spouse or partner

  (4) If the beneficiary has a cohabiting spouse or common-law partner who is also a beneficiary, the reduction based on income is the greater of zero and the amount determined by the formula

  10% × (E − F − ($32,500 × A))

  where

  E

  is the beneficiary’s adjusted income for the last taxation year that ended before the beginning of the payment period or, if their current cohabiting spouse or common-law partner was not their cohabiting spouse or common-law partner at the end of that year, the amount that would have been the beneficiary’s adjusted income if their current cohabiting spouse or common-law partner had been their cohabiting spouse or common-law partner at the end of that year;

  F

  is the lesser of

  • (a) the sum of the beneficiary’s working income for the last taxation year that ended before the beginning of the payment period and that of their cohabiting spouse or common-law partner, and

  • (b) the product of $14,000 and the indexing factor for the payment period, calculated in accordance with subsection (5); and

  A

  is the indexing factor for the payment period, calculated in accordance with subsection (5).

• Marginal note:Indexing factor

  (5) The indexing factor for a payment period is the amount determined by the formula

  CPI_max ÷ CPI₂₀₂₄

  where

  CPI_max

  is the highest Consumer Price Index for any calendar year beginning with 2024 and ending with the last calendar year that ended before the beginning of the payment period; and

  CPI₂₀₂₄

  is the Consumer Price Index for 2024.

• Marginal note:Consumer Price Index

  (6) For the purpose of subsection (5), a reference to the Consumer Price Index for a calendar year is a reference to the all-items Consumer Price Index for Canada, annual average, not seasonally adjusted, for that year, as published by Statistics Canada under the authority of the Statistics Act.

• Marginal note:Definitions

  (7) The following definitions apply in this section.

  adjusted income

  adjusted income means the portion of a beneficiary’s adjusted income, as defined in section 122.6 of the Income Tax Act, that is not a benefit. (revenu modifié)

  working income

  working income, of an individual for a given taxation year, means the total of

  • (a) the amounts referred to in paragraphs (a) and (b) of the definition working income in subsection 122.7(1) of the Income Tax Act, and

  • (b) the total of the following types of business income:

    • (i) net farming income,

    • (ii) net fishing income,

    • (iii) net professional income,

    • (iv) net commission income, and

    • (v) other net business income. (revenu de travail)

Payment of Benefits

Marginal note:When benefit begins

7 A beneficiary’s first benefit is payable the month following the month in which their application is approved by the Minister.

Marginal note:Monthly payments

• 8 (1) Subject to subsection (2), a benefit is payable each month during the payment period.

• Marginal note:Payment of twenty dollars or less

  (2) If the monthly benefit that is payable to a beneficiary is twenty dollars or less, their entire benefit for a payment period, being an amount equal to their monthly benefit multiplied by the number of months remaining in the payment period, is payable as a lump sum on the day on which the first monthly benefit would have been paid.

Marginal note:First payment

9 The first payment to a beneficiary under section 7 must be an amount equal to the sum of the monthly benefits that are payable to the beneficiary for the period beginning with the month following the month in which their application is approved under section 5 and ending with the month in which the first payment is made.

Suspension of Payments

Marginal note:Potential ineligibility

• 10 (1) If the Minister has reasonable grounds to believe that a beneficiary does not meet the eligibility criteria set out in section 2 or that an inquiry with respect to their eligibility is necessary, the Minister may suspend payment of the benefit to the beneficiary until the Minister is satisfied that they are eligible.

• Marginal note:Reasonable time

  (2) The Minister must review a beneficiary’s eligibility within a reasonable time.

• Marginal note:Resumption of payments

  (3) If a suspension is lifted, the Minister must resume payment of the benefit and make a lump sum payment that is equal to the sum of the monthly benefits to which the beneficiary was entitled to receive during the period of the suspension.

Marginal note:Request for suspension

• 11 (1) A beneficiary may request in writing that the Minister suspend payment of their benefit.

• Marginal note:Suspension of payments

  (2) The payment of a benefit is suspended on the later of

  • (a) the last day of the month in which the request is processed by the Minister, and

  • (b) the day indicated in the beneficiary’s request.

• Marginal note:Request for resumption

  (3) The beneficiary may request in writing that the Minister resume payment of their benefit within 24 months after the date of suspension. If no request to resume payment is received within that period, their benefit is deemed to have ceased and they must make a new application to resume benefits.

• Marginal note:Eligibility

  (4) On receipt of a request, the Minister must resume payment of the benefit if the Minister is satisfied that the person meets the eligibility criteria set out in section 2.

• Marginal note:Resumption of payments

  (5) The Minister must resume payment of the benefit on the later of

  • (a) the month following the month in which the Minister received the request, and

  • (b) the month indicated in the beneficiary’s request.

Death of a Beneficiary

Marginal note:Notice to Minister

12 If a beneficiary dies, the executor or administrator of the estate, the liquidator of the succession or the beneficiary’s heirs must, as soon as feasible, notify the Minister of the beneficiary’s death.

Marginal note:Payment to estate or succession

• 13 (1) If a beneficiary dies, the beneficiary’s estate or succession or the beneficiary’s heirs are eligible to receive a benefit payment for the month in which the beneficiary died if the beneficiary did not receive a benefit payment for that month.

• Marginal note:Amount payable to deceased beneficiary

  (2) Any amount owing as a benefit on the death of the beneficiary, or any benefit paid to the beneficiary or on their behalf in accordance with the Act and these Regulations but returned to the Minister after the death of a beneficiary, must be paid to the beneficiary’s estate or succession or the beneficiary’s heirs. If there are no heirs, this amount must be paid to a person or agency designated by the Minister.

Marginal note:Presumption of death

• 14 (1) If a beneficiary has disappeared under circumstances that the Minister concludes raise, beyond a reasonable doubt, a presumption that the beneficiary is dead, the Minister may determine the date on which, for the purposes of the Act and these Regulations, that beneficiary’s death is presumed to have occurred, and the beneficiary will be deemed for all purposes of the Act and these Regulations to have died on that date.

• Marginal note:Change of date

  (2) If, after having determined the date of the beneficiary’s death, the Minister is satisfied on the basis of new information or evidence that the date of death is different, the Minister may determine a different date for the purposes of the Act and these Regulations and the Minister must, within a reasonable time, pay any benefit that would have been payable if the initial determination had not been made.

• Marginal note:Beneficiary is alive

  (3) If, after having determined the date of the beneficiary’s death under this section, the Minister is satisfied on the basis of new information or evidence that the beneficiary is alive, the Minister must, within a reasonable time, pay any benefit that would have been payable to the beneficiary had that determination not been made.

• Marginal note:Death certificates

  (4) For the purposes of this section, the Minister is not bound by the issuance or revocation of a death certificate by any other authority.

Representatives

Marginal note:Representative

15 If a person is incapable of managing their own affairs, their representative may act on their behalf, including by making any application, statement, notice, request for reconsideration or appeal referred to in the Act or these Regulations.

Marginal note:Payments to beneficiary’s representative

16 If a beneficiary is incapable of managing their own affairs, the Minister may direct that the benefit be paid on their behalf to their representative, if the representative is authorized by or under a law of Canada or of a province to manage the beneficiary’s affairs.

Amendment, Rescission or Reconsideration of Decisions

Marginal note:Amendment or rescission

17 The Minister may, on the basis of new facts, amend or rescind any decision made by the Minister.

Marginal note:Reconsideration of benefit

• 18 (1) Subject to section 19, a person who is dissatisfied with a decision made under the Act or these Regulations that no benefit be paid to them, or respecting the amount of a benefit that the person has received or will receive, may, within 180 days after the day on which the person is notified in writing of the decision, make a request to the Minister for a reconsideration of that decision.

• Marginal note:Reconsideration of penalty

  (2) Subject to section 19, a person against whom a penalty has been imposed by the Minister under section 35 and who is dissatisfied with that decision or with the amount of the penalty may, within 180 days after the day on which the person is notified in writing of the decision, make a request to the Minister for a reconsideration of that decision.

• Marginal note:Contents of request

  (3) A request for reconsideration must be made in writing to the Minister and contain the following information:

  • (a) the name and address of the applicant or the beneficiary, as applicable, and their Social Insurance Number or the reference number assigned to the benefit application;

  • (b) if the person referred to in paragraph (a) is incapable of managing their own affairs, the name and address of their representative; and

  • (c) the decision for which a request for reconsideration is being made and a statement of the reasons and facts that form the basis of that request.

• Marginal note:Minister’s decision

  (4) The Minister must, within a reasonable time, reconsider the decision referred to in the request and may confirm, amend or rescind it, and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable. In all cases, the Minister must notify in writing the person who made the request of the Minister’s decision and the reasons for it.

Marginal note:Request for extension

• 19 (1) A person may request that the Minister extend the 180‑day period referred to in subsections 18(1) and (2) not later than 185 days after the end of that period.

• Marginal note:Making of request

  (2) A request for an extension of time must be made in the form and manner specified by the Minister.

• Marginal note:Situations

  (3) The Minister must allow an extension of time if the Minister is satisfied that at least one of the following situations has occurred and has significantly impacted the ability of the person referred to in subsection (1) to respect the time period:

  • (a) an emergency, if a state of emergency has been declared by a federal or provincial minister under federal or provincial law;

  • (b) a natural or human‑made disaster, such as a flood or fire;

  • (c) a civil disturbance, such as a riot;

  • (d) a disruption in public services, such as a strike;

  • (e) a serious accident, injury or illness suffered by the person; or

  • (f) an emotional or mental distress suffered by the person, such as from a death in their family.

• Marginal note:Minister’s decision

  (4) The Minister must consider a request for an extension of time within a reasonable time and must notify, in writing, the person who made the request of the Minister’s decision and the reason for it.

Appeals

Marginal note:Social Security Tribunal

• 20 (1) For the purposes of section 10.1 of the Act, the body to which a person may appeal is the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act.

• Marginal note:Paragraphs 10.1(a) and (b) of Act

  (2) A person must follow the procedure set out in section 18 of these Regulations in respect of any requests for reconsideration of decisions referred to in paragraphs 10.1(a) and (b) of the Act. Only a decision of the Minister made under subsection 18(4) of these Regulations in respect of these decisions may be appealed to the Social Security Tribunal.

• Marginal note:Paragraph 10.1(c) of Act

  (3) For the purposes of paragraph 10.1(c) of the Act, a person may appeal to the Social Security Tribunal in respect of any decision of the Minister made under subsection 18(4) or 19(4) of these Regulations.

Marginal note:Reference to Court

• 21 (1) If an appeal brought under section 10.1 of the Act includes, as a ground of appeal, a claim or a submission that a decision or determination made by the Minister as to income under the Act was incorrectly made, the Social Security Tribunal must

  • (a) notify the appellant and the Minister that the appeal on that ground has been referred to the Court for decision in accordance with subsection 66(2) of the Department of Employment and Social Development Act; and

  • (b) transmit to the Registrar of the Court a copy of the documents filed in the appeal that are relevant to that ground of appeal.

• Definition of Court

  (2) For the purposes of this section and sections 23 to 29, Court means the Tax Court of Canada.

Definition of judge

22 For the purposes of sections 23 to 27, judge has the same meaning as in section 2 of the Tax Court of Canada Act.

Marginal note:Other persons affected

• 23 (1) If an appeal is made in relation to a decision or determination as to income under the Act or these Regulations and the Minister is of the opinion that a person other than the appellant may be directly affected by the decision of the Court, the Minister must so notify the Social Security Tribunal.

• Marginal note:Person added

  (2) The Social Security Tribunal must notify the Registrar of the Court and the Registrar must add that person as a party to the appeal.

• Marginal note:Notice — receipt of documents

  (3) The Registrar of the Court, on receipt of the documents transmitted by the Social Security Tribunal under paragraph 21(1)(b), must notify the Chief Justice of the Court, the Social Security Tribunal, the Minister and any person added as a party to the appeal of that receipt.

• Marginal note:Appointment of judge

  (4) When the Chief Justice of the Court is notified under subsection (3), the Chief Justice must appoint a judge to hear the reference.

Marginal note:Time and place of reference

• 24 (1) The Registrar of the Court, in consultation with the judge appointed to hear the reference, must set the date, time and place for the hearing of the reference.

• Marginal note:Where reference is held

  (2) The hearing of a reference must be held in the city, town or village in which, or nearest to which, the appellant is ordinarily resident unless the appellant consents in writing to the hearing being held, in whole or in part, at some other place or by audioconference or videoconference or a combination of both.

• Marginal note:Notice

  (3) The Registrar of the Court must, by registered mail, notify the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal of the date, place and time set for the hearing of the reference.

Marginal note:Informal procedure

• 25 (1) Proceedings before the Court must be informal and conducted in a summary manner.

• Marginal note:Determination of procedure

  (2) The judge appointed to hear the reference must, subject to the right of all parties or their representatives to be heard, determine the procedure to be followed at the hearing of the reference.

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 per cent of the amount calculated by multiplying by 12 the monthly amount of the benefit 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 per cent of the amount calculated by multiplying by 12 the monthly amount of the benefit 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 unless the payment 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.

Marginal note:Recovery of penalties

38 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: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.