task6_model_deployment/assets/C-22_4.txt

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First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
STATUTES OF CANADA 2023
CHAPTER 17
An Act to reduce poverty and to support the
financial security of persons with disabilities
by establishing the Canada disability benefit
and making a consequential amendment to
the Income Tax Act
ASSENTED TO
JUNE 22, 2023
BILL C-22

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RECOMMENDATION
Her Excellency the Governor General recommends to the House
of Commons the appropriation of public revenue under the cir-
cumstances, in the manner and for the purposes set out in a
measure entitled “An Act to reduce poverty and to support the
financial security of persons with disabilities by establishing the
Canada disability benefit and making a consequential amend-
ment to the Income Tax Act”.
SUMMARY
This enactment establishes the Canada disability benefit to re-
duce poverty and to support the financial security of working-
age persons with disabilities. It sets out general provisions for
the administration of the benefit and authorizes the Governor in
Council to implement most of the benefit’s design elements
through regulations. It also makes a consequential amendment
to the Income Tax Act.
Available on the House of Commons website at the following address:
www.ourcommons.ca
2021-2022-2023

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TABLE OF PROVISIONS
An Act to reduce poverty and to support the
financial security of persons with disabilities by
establishing the Canada disability benefit and
making a consequential amendment to the Income
Tax Act
Preamble
Short Title
Canada Disability Benefit Act
1
Definitions
Definitions
2
Purposes of Act
Purposes
3
Canada Disability Benefit
Eligibility
4
Payment of benefit
5
General
Obligation to provide information
6
Social Insurance Number
7
Agreements
8
Payments cannot be charged, etc.
9
Consolidated Revenue Fund
10
Appeals
10.1
Regulations
Regulations
11
Collaboration
11.1
Progress Reports
Engagement and collaboration
11.2
Parliamentary Review
Parliamentary review
12
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Consequential Amendment to the
Income Tax Act
13
Coming into Force
Order in council or first anniversary
14
2021-2022-2023
Chapter 17: Canada Disability Benefit Act
TABLE OF PROVISIONS

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70-71 ELIZABETH II – 1 CHARLES III
CHAPTER 17
An Act to reduce poverty and to support the financial
security of persons with disabilities by establishing
the Canada disability benefit and making a conse-
quential amendment to the Income Tax Act
[Assented to 22nd June, 2023]
Preamble
Whereas working-age persons with disabilities are
more likely to live in poverty than working-age per-
sons without disabilities, because of economic and
social exclusion;
Whereas persons with disabilities often face barriers
to employment, including work disincentives such as
the loss of income and other benefits as a result of
becoming employed;
Whereas persons with disabilities may face addition-
al barriers because of their gender, racialized or In-
digenous status or other intersecting statuses;
Whereas the Government of Canada is committed to
the economic and social inclusion of persons with
disabilities, as evidenced by its introduction of the
Accessible Canada Act;
Whereas the Canadian Charter of Rights and Free-
doms guarantees persons with disabilities the right
to the equal protection and equal benefit of the law
without discrimination;
Whereas reducing poverty contributes to the pro-
gressive realization of Canada’s international obliga-
tions under the United Nations Convention on the
Rights of Persons with Disabilities;
Whereas Canada aspires to be a world leader in the
eradication of poverty, and Parliament, with a view to
this objective, enacted the Poverty Reduction Act;
Whereas progress made by Canada in reducing
poverty for persons with disabilities and others con-
tributes to meeting the Sustainable Development
Goals of the United Nations;
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Whereas the Government of Canada seeks to build
on its successes in addressing poverty through pro-
viding benefits for seniors and for families with chil-
dren;
Whereas, in the spirit of “Nothing Without Us”, the
Government of Canada recognizes the importance, in
developing support measures for persons with dis-
abilities, of engaging with the disability community,
in accordance with the Accessible Canada Act, which
specifies that “persons with disabilities must be in-
volved in the development and design of laws, poli-
cies, programs, services and structures”;
And whereas Parliament recognizes the leading role
that the provinces and territories play in providing
supports and services to persons with disabilities and
the importance of engaging with them in developing
income supports and other support services;
Now, therefore, His Majesty, by and with the advice
and consent of the Senate and House of Commons of
Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Canada Disability Benefit
Act.
Definitions
Definitions
2 The following definitions apply in this Act.
disability has the same meaning as in section 2 of the
Accessible Canada Act. (handicap)
Minister means the Minister of Employment and Social
Development. (ministre)
Purposes of Act
Purposes
3 The purposes of this Act are to reduce poverty and to
support the financial security of working-age persons
with disabilities.
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Chapter 17: Canada Disability Benefit Act
Short Title
Preamble – Sections 1-3

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Canada Disability Benefit
Eligibility
4 A person is eligible for a Canada disability benefit if
they meet the eligibility criteria set out in the regulations.
Payment of benefit
5 The Minister must, in accordance with the regulations,
pay a Canada disability benefit to a person who is eligible
for the benefit, applies or has an application made on
their behalf, in accordance with the regulations, and
meets any other conditions set out in the regulations.
General
Obligation to provide information
6 An applicant or the representative of an applicant who
is incapable of managing their own affairs must provide
the Minister with any information that the Minister may
require in respect of the application.
Social Insurance Number
7 The Minister is authorized to collect and use, for the
purposes of the administration and enforcement of this
Act, the Social Insurance Number of an applicant.
Agreements
8 (1) In order to carry out the purposes of this Act, the
Minister may enter into agreements with any department
or agency of the Government of Canada and may, with
the approval of the Governor in Council, enter into agree-
ments with any department or agency of a province.
Publication
(2) The Minister must make public any agreement en-
tered into under subsection (1).
Payments cannot be charged, etc.
9 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
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(d) is garnishable moneys for the purposes of the
Family Orders and Agreements Enforcement Assis-
tance Act.
Consolidated Revenue Fund
10 All benefits payable under this Act are to be paid out
of the Consolidated Revenue Fund.
Appeals
10.1 Subject to regulations, a person, or any other per-
son acting on their behalf, may appeal to a body identi-
fied in regulations made under paragraph 11(1)(i) in re-
spect of any decision
(a) relating to the person’s ineligibility for a Canada
disability benefit;
(b) relating to the amount of a Canada disability bene-
fit that the person has received or will receive; or
(c) prescribed by the regulations.
Regulations
Regulations
11 (1) The Governor in Council may make regulations
(a) respecting the eligibility criteria for a Canada dis-
ability benefit;
(b) respecting conditions that are to be met in order to
receive or to continue to receive a benefit;
(c) respecting the amount of a benefit or the method
for determining the amount;
(d) requiring a benefit to be indexed to inflation and
respecting the manner in which it is to be indexed;
(e) respecting payment periods and the amount to be
paid each period;
(f) respecting applications for a benefit, including reg-
ulations providing for an application process that is
without barriers, as defined in section 2 of the Acces-
sible Canada Act;
(g) respecting the amendment or rescission of deci-
sions made by the Minister;
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(h) respecting reviews or reconsiderations of decisions
made under this Act;
(i) respecting appeals;
(j) respecting the circumstances in which retroactive
payments may be made to persons who do not apply
in the time specified in the regulations but are other-
wise eligible;
(k) respecting applications made on behalf of persons
who are incapable of managing their own affairs, pay-
ments to those persons and reviews, reconsiderations
or appeals commenced on their behalf;
(l) respecting the circumstances in which the Minister
may deem an applicant or beneficiary to be dead and
may determine their date of death if the applicant or
beneficiary has disappeared under circumstances that,
in the opinion of the Minister, raise beyond a reason-
able doubt a presumption that the applicant or benefi-
ciary is dead;
(m) respecting the application of this Act when an ap-
plicant or beneficiary dies;
(n) authorizing the Minister to correct administrative
errors;
(o) respecting the identification of debts due to Her
Majesty in right of Canada;
(p) respecting the recovery of overpayments and debts
due to Her Majesty in right of Canada, including limi-
tation or prescription periods;
(q) establishing offences punishable on summary con-
viction for the commission of any of the following acts
and setting fines or terms of imprisonment or both for
such offences:
(i) knowingly using false identity information or
another person’s identity information for the pur-
pose of obtaining a benefit for themselves,
(ii) counselling a person to apply for a benefit with
intent to steal all or a substantial part of it,
(iii) knowingly making false or misleading repre-
sentations in relation to an application;
(r) establishing a system of administrative monetary
penalties applicable to the commission of either or
both of the following acts and setting the amounts of
those penalties:
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Section  
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(i) knowingly making false or misleading represen-
tations in relation to an application,
(ii) making an application for, and receiving, a ben-
efit while knowingly not being eligible to receive it;
(s) adapting section 44.2 of the Old Age Security Act
for the purpose of applying that section as adapted to
the verification of compliance or the prevention of
non-compliance with this Act and to the use of copies
as evidence;
(t) authorizing the Minister, for any purpose related
to verifying compliance or preventing non-compliance
with this Act, to 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 any document that the Minister may require in re-
spect of the application; and
(u) generally, for carrying out the purposes and provi-
sions of this Act.
Amount of benefit
(1.1) In making regulations under paragraph (1)(c) re-
specting the amount of a benefit, the Governor in Council
must take into consideration
(a) the Official Poverty Line as defined in section 2 of
the Poverty Reduction Act;
(b) the additional costs associated with living with a
disability;
(c) the challenges faced by those living with a disabili-
ty in earning an income from work;
(d) the intersectional needs of disadvantaged individ-
uals and groups; and
(e) Canada’s international human rights obligations.
Regulations
(1.2) Within 12 months of this Act coming into force, the
Governor in Council must make regulations under para-
graphs 11(1)(a) to (f), (h), (i), (k) and (n) that are
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Regulations
Section  
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necessary to enable a Canada disability benefit to be paid
in accordance with this Act.
Distinguishing — classes
(2) Regulations made under subsection (1) may distin-
guish among different classes of applicants and benefi-
ciaries.
Collaboration
11.1 The Minister must provide persons with disabilities
from a range of backgrounds with meaningful and barri-
er-free opportunities to collaborate in the development
and design of the regulations, including regulations that
provide for the application process, eligibility criteria, the
amount of a benefit and the appeal process.
Progress Reports
Engagement and collaboration
11.2 (1) Within six months after the day on which this
Act comes into force, the Minister must table in the
House of Commons a report that sets out the manner in
which the obligation to engage and collaborate with the
disability community in relation to the development of
regulations has been implemented.
Regulatory process
(2) Within one year after the day on which this Act
comes into force, the Minister must cause to be tabled in
each House of Parliament a report on the progress made
in the regulatory process.
Referral to committee
(3) The report stands referred to the committee of each
House that may be designated or established for the pur-
pose of reviewing the report.
Publication
(4) The report must be published on the website of the
Department of Employment and Social Development.
Parliamentary Review
Parliamentary review
12 As soon as feasible after the first anniversary of the
day on which this section comes into force, after the third
anniversary of that day and after each subsequent fifth
anniversary, a review of this Act and of its administration
and operation is to be undertaken by a committee of the
Senate, of the House of Commons or of both Houses of
Parliament that may be designated or established for that
purpose.
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Chapter 17: Canada Disability Benefit Act
Regulations
Sections 11-12

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R.S., c. 1 (5th Supp.)
Consequential Amendment to
the Income Tax Act
13 Paragraph 241(4)(d) of the Income Tax Act is
amended by adding the following after subpara-
graph (vii.5):
(vii.51) to an official solely for the purposes of the
administration and enforcement of the Canada
Disability Benefit Act or the evaluation or formula-
tion of policy for that Act,
Coming into Force
Order in council or first anniversary
14 This Act comes into force on a day to be fixed
by order of the Governor in Council, but no later
than the first anniversary of the day on which it
receives royal assent.
Published under authority of the Speaker of the House of Commons
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Chapter 17: Canada Disability Benefit Act
Consequential Amendment to the Income Tax Act
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Available on the House of Commons website
Disponible sur le site Web de la Chambre des com