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Page 1 |
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First Session, Forty-fourth Parliament, |
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70-71 Elizabeth II – 1 Charles III, 2021-2022 |
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STATUTES OF CANADA 2022 |
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CHAPTER 14 |
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An Act respecting cost of living relief |
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measures related to dental care and rental |
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housing |
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ASSENTED TO |
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NOVEMBER 17, 2022 |
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BILL C-31 |
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Page 2 |
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RECOMMENDATION |
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Her Excellency the Governor General recommends to the House |
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of Commons the appropriation of public revenue under the cir- |
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cumstances, in the manner and for the purposes set out in a |
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measure entitled “An Act respecting cost of living relief mea- |
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sures related to dental care and rental housing”. |
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RECOMMENDATION |
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Her Excellency the Governor General recommends to the House |
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of Commons the appropriation of public revenue under the cir- |
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cumstances, in the manner and for the following amendments to |
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Bill C-31, “An Act respecting cost of living relief measures relat- |
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ed to dental care and rental housing”. |
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That Bill C-31, in Clause 3, be amended by |
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(a) replacing line 17 on page 18 with the following: |
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vices, only 90% of the payment is to be taken into account |
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(b) replacing lines 23 to 29 on page 18 with the following: |
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purposes of paragraph (1)(g) is the total amount of rent paid in |
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2022 by the applicant. |
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SUMMARY |
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Part 1 enacts the Dental Benefit Act, which provides for the es- |
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tablishment of an application-based interim dental benefit. The |
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benefit provides interim direct financial support for parents for |
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dental care services received by their children under 12 years of |
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age in the period starting in October 2022 and ending in June |
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2024. |
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Part 2 enacts the Rental Housing Benefit Act, which provides for |
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the establishment of a one-time rental housing benefit for eligi- |
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ble persons who have paid rent in 2022 for their principal resi- |
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dence and who apply for the benefit. |
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Finally, Part 3 makes related amendments to the Income Tax Act, |
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the Excise Tax Act and the Excise Act, 2001. |
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Available on the House of Commons website at the following address: |
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www.ourcommons.ca |
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2021-2022 |
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Page 3 |
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TABLE OF PROVISIONS |
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An Act respecting cost of living relief measures |
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related to dental care and rental housing |
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Short Title |
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Cost of Living Relief Act, No. 2 (Targeted Support for |
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Households) |
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1 |
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PART 1 |
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Dental Benefit Act |
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Enactment of Act |
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2 |
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An Act respecting benefits in relation |
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to dental care |
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Short Title |
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Dental Benefit Act |
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1 |
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Interpretation |
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Definitions |
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2 |
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Dental Benefit |
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Payment of benefit |
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3 |
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Eligibility |
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4 |
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Application — first period |
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5 |
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Application — second period |
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6 |
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Application — additional dental benefit |
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7 |
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Application — form, manner and contents |
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8 |
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Amount of benefit |
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9 |
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Attestation |
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10 |
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General |
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Minister of National Revenue |
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11 |
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Agreements or arrangements |
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12 |
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Delegation |
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13 |
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Payment out of Consolidated Revenue Fund |
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14 |
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Social Insurance Number |
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15 |
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Provision of information and documents |
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16 |
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Benefit cannot be charged, etc. |
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17 |
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Reconsideration of application |
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18 |
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Request for review |
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19 |
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Return of overpayment or erroneous payment |
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20 |
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2021-2022 |
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Page 4 |
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Limitation or prescription period |
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21 |
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No interest payable |
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22 |
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Violations |
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23 |
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Limitation of imposition of penalties |
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24 |
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Rescission or reduction of penalty |
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25 |
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Recovery as debt due to His Majesty |
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26 |
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Offences |
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27 |
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Designation — investigators |
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28 |
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Limitation period |
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29 |
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Sunset provision |
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30 |
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PART 2 |
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Rental Housing Benefit Act |
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Enactment of Act |
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3 |
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An Act respecting benefits in relation |
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to rental housing |
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Short Title |
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Rental Housing Benefit Act |
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1 |
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Interpretation |
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Definitions |
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2 |
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Rental Housing Benefit |
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Payment of benefit |
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3 |
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Eligibility |
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4 |
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Application |
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5 |
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Attestation |
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6 |
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General |
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Corporation |
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7 |
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Minister of National Revenue |
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8 |
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Agreements or arrangements |
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9 |
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Delegation |
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10 |
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Availability of information |
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11 |
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Payment out of Consolidated Revenue Fund |
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12 |
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Social Insurance Number |
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13 |
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Provision of information and documents |
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14 |
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Benefit cannot be charged, etc. |
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15 |
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Reconsideration of application |
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16 |
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Request for review |
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17 |
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Return of overpayment or erroneous payment |
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18 |
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Limitation or prescription period |
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19 |
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No interest payable |
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20 |
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2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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TABLE OF PROVISIONS |
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Page 5 |
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Violations |
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21 |
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Limitation of imposition of penalties |
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22 |
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Rescission or reduction of penalty |
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23 |
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Recovery as debt due to His Majesty |
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24 |
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Offences |
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25 |
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Designation — investigators |
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26 |
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Limitation period |
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27 |
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Sunset provision |
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28 |
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PART 3 |
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Related Amendments |
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Income Tax Act |
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4 |
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Excise Tax Act |
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6 |
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Excise Act, 2001 |
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7 |
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2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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TABLE OF PROVISIONS |
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Page 6 |
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Page 7 |
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70-71 ELIZABETH II – 1 CHARLES III |
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CHAPTER 14 |
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An Act respecting cost of living relief measures relat- |
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ed to dental care and rental housing |
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[Assented to 17th November, 2022] |
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His Majesty, by and with the advice and consent of |
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the Senate and House of Commons of Canada, |
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enacts as follows: |
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Short Title |
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Short title |
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1 This Act may be cited as the Cost of Living Relief Act, |
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No. 2 (Targeted Support for Households). |
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PART 1 |
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Dental Benefit Act |
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Enactment of Act |
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2 The Dental Benefit Act is enacted as follows: |
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An Act respecting benefits in relation to dental care |
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Preamble |
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Whereas the cost of dental care services is of particu- |
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lar concern for Canadians, as many have no access to |
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a dental services plan and do not use those services |
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because of the cost; |
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Whereas a lack of access to dental care services not |
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only causes harm to children but also has an impact |
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on the health care system, with dental surgeries be- |
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ing regularly performed in pediatric hospitals; |
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And whereas the Government of Canada recognizes |
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the need to provide interim dental benefits for chil- |
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dren under 12 years old while working towards the |
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2021-2022 |
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Page 8 |
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development of a long term national dental care pro- |
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gram; |
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Now, therefore, His Majesty, by and with the advice |
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and consent of the Senate and House of Commons of |
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Canada, enacts as follows: |
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Short Title |
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Short title |
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1 This Act may be cited as the Dental Benefit Act. |
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Interpretation |
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Definitions |
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2 (1) The following definitions apply in this Act. |
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Agency has the same meaning as in section 2 of the |
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Canada Revenue Agency Act. (Agence) |
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base taxation year has the same meaning as in section |
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122.6 of the Income Tax Act. (année de base) |
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benefit period means, as the case may be, |
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(a) the period beginning on October 1, 2022 and end- |
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ing on June 30, 2023; or |
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(b) the period beginning on July 1, 2023 and ending |
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on June 30, 2024. (période de prestation) |
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Canada child benefit means a deemed overpayment |
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under Subdivision A.1 of Division E of Part I of the In- |
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come Tax Act. (allocation canadienne pour enfants) |
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cohabiting spouse or common-law partner has the |
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same meaning as in section 122.6 of the Income Tax Act. |
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(époux ou conjoint de fait visé) |
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Commissioner has the same meaning as in section 2 of |
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the Canada Revenue Agency Act. (commissaire) |
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dental care services means the services that a dentist, |
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denturist or dental hygienist is lawfully entitled to pro- |
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vide, including oral surgery and diagnostic, preventative, |
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restorative, endodontic, periodontal, prosthodontic and |
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orthodontic services. (services de soins dentaires) |
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dental services plan means a contract of insurance in |
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respect of dental care services or a dental care insurance |
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plan obtained on the basis of employment or purchased |
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privately. (régime d’assurance dentaire) |
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2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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PART 1 Dental Benefit Act |
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Section |
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2 |
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Page 9 |
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eligible parent has the meaning assigned by the defini- |
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tion eligible individual in section 122.6 of the Income |
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Tax Act. (parent admissible) |
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His Majesty means His Majesty in right of Canada. (Sa |
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Majesté) |
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Minister means the Minister of Health. (ministre) |
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qualified dependant has the same meaning as in sec- |
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tion 122.6 of the Income Tax Act. (personne à charge |
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admissible) |
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shared-custody parent has the same meaning as in sec- |
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tion 122.6 of the Income Tax Act. (parent ayant la |
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garde partagée) |
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Definition of adjusted income |
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(2) For the purposes of this Act, adjusted income has |
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the same meaning as in section 122.6 of the Income Tax |
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Act, except that the reference to “at the end of the year” is |
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to be read as a reference to “on December 1, 2022 in the |
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case of an application made under section 5 or paragraph |
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7(a) and on July 1, 2023 in the case of an application |
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made under section 6 or paragraph 7(b)”. |
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Dental Benefit |
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Payment of benefit |
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3 The Minister must pay a dental benefit to a person |
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who is eligible for the benefit and who makes an applica- |
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tion. |
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Eligibility |
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4 (1) Subject to subsection (4), a person is eligible for a |
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dental benefit if they meet the following conditions: |
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(a) they are entitled to apply for the dental benefit un- |
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der section 5, 6 or 7; |
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(b) they make an application in accordance with sec- |
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tion 8 and provide the Minister with any information |
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that the Minister may require in respect of the applica- |
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tion; |
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(c) their adjusted income is less than $90,000 for the |
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base taxation year in relation to |
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(i) in the case of an application made under section |
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5 or paragraph 7(a), December 1, 2022, and |
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2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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PART 1 Dental Benefit Act |
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Section |
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2 |
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Page 10 |
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(ii) in the case of an application made under sec- |
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tion 6 or paragraph 7(b), July 1, 2023; |
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(d) they make the application in respect of a person |
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who has received or will receive dental care services |
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the costs of which have not been and will not be fully |
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paid or reimbursed under a program or plan estab- |
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lished by the government of Canada or of a province; |
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and |
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(e) they make the application in respect of a person |
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who is not insured under a dental services plan and |
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who does not have access to a dental care insurance |
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plan obtained on the basis of the employment of the |
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applicant, their cohabiting spouse or common law |
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partner or any other person |
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(i) in the case of a person who has received dental |
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care services on or before the date of the applica- |
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tion, on the date the person received the services, |
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and |
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(ii) in the case of a person who will receive dental |
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care services after the date of the application, on |
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the date of the application. |
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Part-year residents |
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(2) For the purposes of determining the applicant’s ad- |
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justed income in paragraph (1)(c), if a person was a non- |
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resident in Canada for the purposes of the Income Tax |
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Act at any time in a taxation year, the person’s income for |
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the year is deemed to be the amount that would have |
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been the person’s income for the year had the person |
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been resident in Canada throughout the year. |
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Bankruptcy |
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(3) For the purposes of determining the applicant’s ad- |
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justed income in paragraph (1)(c), if in a taxation year a |
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person becomes bankrupt, their income for the taxation |
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year is to include their income for the taxation year that |
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begins on January 1 of the calendar year that includes the |
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date of bankruptcy. |
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Ineligibility |
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(4) The Minister may decide that an applicant is ineligi- |
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ble for a dental benefit if |
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(a) the Minister determines that their eligibility for a |
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dental benefit for which they previously applied under |
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section 5 was based on a misrepresentation or the con- |
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cealment of a material fact on the part of the appli- |
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cant; or |
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(b) the Minister has decided that an applicant has |
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committed a violation in relation to an application for |
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2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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PART 1 Dental Benefit Act |
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Section |
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2 |
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Page 11 |
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a dental benefit previously made under section 5 and |
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no decision to rescind that decision has been made. |
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Application — first period |
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5 An eligible parent may, during the period beginning on |
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December 1, 2022 and ending on June 30, 2023, apply to |
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the Minister for a dental benefit in respect of each of |
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their qualified dependants |
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(a) who has received or will receive dental care ser- |
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vices in Canada during the period beginning on Octo- |
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ber 1, 2022 and ending on June 30, 2023; |
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(b) who is under 12 years of age on December 1, 2022; |
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and |
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(c) in respect of whom the parent is in receipt of a |
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Canada child benefit on that date. |
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Application — second period |
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6 An eligible parent may, during the period beginning on |
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July 1, 2023 and ending on June 30, 2024, apply to the |
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Minister for a dental benefit in respect of each of their |
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qualified dependants |
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(a) who has received or will receive dental care ser- |
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vices in Canada during that period; |
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(b) who is under 12 years of age on July 1, 2023; |
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(c) in respect of whom the parent is in receipt of a |
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Canada child benefit on that date; and |
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(d) in respect of whom no person who is entitled to |
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apply for an additional dental benefit under paragraph |
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7(a) and who is eligible for that benefit has made an |
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application under that paragraph. |
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Application — additional dental benefit |
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7 A person may, during the period beginning on July 1, |
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2023 and ending on June 30, 2024, apply to the Minister |
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for an additional dental benefit if |
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(a) they make the application in respect of a person |
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2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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PART 1 Dental Benefit Act |
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Section |
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2 |
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Page 12 |
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(i) in respect of whom they made an application for |
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a dental benefit under section 5 and were eligible |
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for that benefit, |
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(ii) in respect of whom no eligible parent who is en- |
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titled to apply for a dental benefit under section 6 |
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and who is eligible for that benefit has made an ap- |
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plication under that section, and |
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(iii) who received dental care services during the |
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period beginning on October 1, 2022 and ending on |
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June 30, 2023, the cost of which exceeded $650; or |
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(b) they are an eligible parent, their adjusted income |
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was less than $90,000 for the base taxation year in re- |
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lation to December 1, 2022 and they make the applica- |
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tion in respect of their qualified dependant |
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(i) in respect of whom a dental benefit was not re- |
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ceived for the period beginning on December 1, |
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2022 and ending on June 30, 2023, |
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(ii) in respect of whom they made an application |
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for a dental benefit under section 6 and are eligible |
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for that benefit, |
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(iii) who has received or will receive dental care |
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services during the period beginning on July 1, 2023 |
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and ending on June 30, 2024, the cost of which has |
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exceeded or will exceed $650, and |
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(iv) who is not insured under a dental services plan |
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and who does not have access to a dental care in- |
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surance plan obtained on the basis of the employ- |
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ment of the applicant, their cohabiting spouse or |
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common law partner or any other person |
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(A) in the case of a dependant who has received |
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dental care services on or before the date of the |
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application, on the date the dependant received |
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the services, and |
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(B) in the case of a dependant who will receive |
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dental care services after the date of the applica- |
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tion, on the date of the application. |
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Application — form, manner and contents |
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8 An application for a dental benefit must be made in |
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the form and manner established by the Minister and |
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must contain the following: |
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(a) the applicant’s name and address; |
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2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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PART 1 Dental Benefit Act |
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Section |
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2 |
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Page 13 |
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(b) the attestation referred to in section 10; |
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(c) the name, address and telephone number of the |
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dentist, denturist or dental hygienist who provided, or |
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who the applicant intends to have provide, dental care |
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services for the person in respect of whom the applica- |
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tion is made, as well as the month during which the |
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services were provided or during which the applicant |
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intends to have the services provided; |
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(d) the name, address and telephone number of the |
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employer, if any, of the applicant and of their cohabit- |
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ing spouse or common-law partner |
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(i) in the case of a person who has received dental |
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care services on or before the date of the applica- |
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tion, on the date that person received the services, |
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and |
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(ii) in the case of a person who will receive dental |
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care services after the date of the application, on |
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the date of the application; and |
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(e) any other information that the Minister may re- |
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quire. |
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Amount of benefit |
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9 (1) Subject to subsection (2), the amount of a dental |
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benefit is |
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(a) $650, if an applicant’s adjusted income is less |
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than $70,000 for the base taxation year in relation to |
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(i) in the case of an application made under section |
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5 or paragraph 7(a), December 1, 2022, and |
|
(ii) in the case of an application made under sec- |
|
tion 6 or paragraph 7(b), July 1, 2023; |
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(b) $390, if an applicant’s adjusted income is equal to |
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or greater than $70,000 but less than $80,000 for the |
|
base taxation year in relation to |
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(i) in the case of an application made under section |
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5 or paragraph 7(a), December 1, 2022, and |
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(ii) in the case of an application made under sec- |
|
tion 6 or paragraph 7(b), July 1, 2023; and |
|
(c) $260, if an applicant’s adjusted income is equal to |
|
or greater than $80,000 but less than $90,000 for the |
|
base taxation year in relation to |
|
(i) in the case of an application made under section |
|
5 or paragraph 7(a), December 1, 2022, and |
|
2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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PART 1 Dental Benefit Act |
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Section |
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2 |
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Page 14 |
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(ii) in the case of an application made under sec- |
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tion 6 or paragraph 7(b), July 1, 2023. |
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Amount — shared-custody parent |
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(2) If, at the beginning of the relevant period, an appli- |
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cant is a shared-custody parent of the person in respect |
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of whom the application is made, the amount of a dental |
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benefit is 50% of the amount referred to in paragraph |
|
(1)(a), (b) or (c), as the case may be. |
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Relevant period |
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(3) For the purposes of subsection (2), the relevant peri- |
|
od is |
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(a) in the case of an application made under section 5 |
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or paragraph 7(a), the period beginning on October 1, |
|
2022 and ending on June 30, 2023; and |
|
(b) in the case of an application made under section 6 |
|
or paragraph 7(b), the period beginning on July 1, |
|
2023 and ending on June 30, 2024. |
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December 1, 2022 |
|
(4) For the purposes of subsection (2) and paragraph |
|
(3)(a), the period beginning on October 1, 2022 and end- |
|
ing on June 30, 2023 is deemed to begin on December 1, |
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2022. |
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Limit |
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(5) No more than two dental benefits — or, in the case of |
|
shared-custody parents, no more than four dental bene- |
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fits in the amount referred to in subsection (2) — may be |
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paid in respect of a person who has received or will re- |
|
ceive dental services. |
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Attestation |
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10 (1) The applicant must, in their application, attest |
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that |
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(a) the person in respect of whom the application is |
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made has received dental care services in Canada dur- |
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ing the relevant period or the applicant intends for the |
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person to receive dental care services in Canada dur- |
|
ing the relevant period; and |
|
(b) the person in respect of whom the application is |
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made is not insured under a dental services plan and |
|
does not have access to a dental care insurance plan |
|
obtained on the basis of the employment of the appli- |
|
cant, their cohabiting spouse or common law partner |
|
or any other person |
|
2021-2022 |
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Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
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PART 1 Dental Benefit Act |
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Section |
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2 |
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Page 15 |
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(i) in the case of a person who has received dental |
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care services on or before the date of the applica- |
|
tion, on the date that person received the services, |
|
and |
|
(ii) in the case of a person who the applicant in- |
|
tends to receive dental care services after the date |
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of the application, on the date of the application. |
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Relevant period |
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(2) For the purposes of subsection (1), the relevant peri- |
|
od is |
|
(a) in the case of an application made under section 5 |
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or paragraph 7(a), the period beginning on October 1, |
|
2022 and ending on June 30, 2023; and |
|
(b) in the case of an application made under section 6 |
|
or paragraph 7(b), the period beginning on July 1, |
|
2023 and ending on June 30, 2024. |
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General |
|
Minister of National Revenue |
|
11 The Minister of National Revenue may provide ser- |
|
vices and carry out activities to support the Minister in |
|
the administration and enforcement of this Act and may |
|
authorize the Commissioner or any other person who is |
|
employed or engaged by the Agency or who occupies a |
|
position of responsibility in the Agency to provide those |
|
services or carry out those activities. |
|
Agreements or arrangements |
|
12 The Minister may enter into agreements or arrange- |
|
ments with any department, board or agency of the Gov- |
|
ernment of Canada to assist the Minister in carrying out |
|
the purposes and provisions of this Act. |
|
Delegation |
|
13 The Minister may authorize the Commissioner or any |
|
other person or body, or member of a class of persons or |
|
bodies, to exercise any power or perform any duty or |
|
function of the Minister under this Act. |
|
Payment out of Consolidated Revenue Fund |
|
14 All amounts payable by the Minister under section 3 |
|
are to be paid out of the Consolidated Revenue Fund. |
|
Social Insurance Number |
|
15 The Minister is authorized to collect and use, for the |
|
purposes of the administration and enforcement of this |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 1 Dental Benefit Act |
|
Section |
|
2 |
|
|
|
Page 16 |
|
Act, the Social Insurance Number of a person who makes |
|
an application under this Act. |
|
Provision of information and documents |
|
16 (1) The Minister may, for any purpose related to ver- |
|
ifying compliance or preventing non-compliance with |
|
this Act, require that any person provide any information |
|
or document, including a receipt for payment in respect |
|
of dental care services, within the reasonable time that |
|
the Minister may specify. |
|
Ineligibility |
|
(2) The Minister may decide that an applicant who fails |
|
to fulfill or comply with a requirement under subsection |
|
(1) is ineligible for a dental benefit in respect of the bene- |
|
fit period to which the application relates. |
|
Benefit cannot be charged, etc. |
|
17 A dental benefit |
|
(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 Assis- |
|
tance Act. |
|
Reconsideration of application |
|
18 (1) Subject to subsection (5), the Minister may re- |
|
consider an application within 24 months after the day |
|
on which the benefit period to which the application re- |
|
lates ends. |
|
Decision |
|
(2) If the Minister decides on reconsideration that a per- |
|
son has received money by way of a dental benefit 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. |
|
Amount repayable |
|
(3) Section 20 applies if the Minister decides that a per- |
|
son has received money by way of a dental benefit to |
|
which they were not entitled. |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 1 Dental Benefit Act |
|
Section |
|
2 |
|
|
|
Page 17 |
|
Amount payable |
|
(4) If the Minister decides that a person was entitled to |
|
receive money by way of a dental benefit, and the money |
|
was not paid, the amount calculated under subsection (2) |
|
is payable to the person. |
|
Extended time to reconsider claim |
|
(5) If, in the opinion of the Minister, a false or mislead- |
|
ing statement or representation has been made in con- |
|
nection with an application for a dental benefit, the Min- |
|
ister has 72 months within which to reconsider the appli- |
|
cation. |
|
Request for review |
|
19 (1) A person who is the subject of a decision of the |
|
Minister made under this Act may make a request to the |
|
Minister, in the form and manner established by the |
|
Minister, for a review of that decision at any time within |
|
90 days after the day on which they are notified of the de- |
|
cision or any further time that the Minister may allow. |
|
Review |
|
(2) 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. |
|
Notification |
|
(3) The Minister must notify the person who made the |
|
request of the result of the Minister’s review under sub- |
|
section (2). |
|
Return of overpayment or erroneous payment |
|
20 (1) If the Minister determines that a person has re- |
|
ceived a dental benefit to which they are not entitled, or |
|
an amount in excess of the amount of such a benefit 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 feasible. |
|
Recovery as debt due to His Majesty |
|
(2) The amount of the erroneous payment or overpay- |
|
ment, as determined by the Minister, constitutes a debt |
|
due to His 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. |
|
Limitation or prescription period |
|
21 (1) Subject to this section, no action or proceedings |
|
may be taken to recover money owing under this Act af- |
|
ter the end of the six-year limitation or prescription |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 1 Dental Benefit Act |
|
Section |
|
2 |
|
|
|
Page 18 |
|
period that begins on the day on which the money be- |
|
comes due and payable. |
|
Deduction, set-off or compensation |
|
(2) Money owing by a person under this Act may be re- |
|
covered at any time by way of deduction from, or set-off |
|
or compensation against, any sum of money, including a |
|
dental benefit, that may be due or payable by His Majesty |
|
to the person, other than an amount payable under sec- |
|
tion 122.61 of the Income Tax Act. |
|
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. |
|
Acknowledgment after 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 end of the limitation or prescription period, an action |
|
or proceedings to recover the money may, subject to sub- |
|
sections (3) and (6), be brought within six years after the |
|
date of the acknowledgment. |
|
Types of acknowledgments |
|
(5) An acknowledgment of liability means |
|
(a) a written promise to pay the money owing, signed |
|
by the person or their agent or other representative; |
|
(b) a written acknowledgment of the money owing, |
|
signed by the person or their agent or other represen- |
|
tative, 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 oth- |
|
er representative of any money owing; or |
|
(d) any acknowledgment of the money owing made by |
|
the person, their agent or other representative or the |
|
trustee or administrator in the course of proceedings |
|
under the Bankruptcy and Insolvency Act or any oth- |
|
er legislation dealing with the payment of debts. |
|
Limitation or prescription period suspended |
|
(6) The running of a limitation or prescription period in |
|
respect of money owing under this Act is suspended |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 1 Dental Benefit Act |
|
Section |
|
2 |
|
|
|
Page 19 |
|
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. |
|
Non-application |
|
(7) This section does not apply in respect of an action or |
|
proceedings relating to the execution, renewal or en- |
|
forcement of a judgment. |
|
No interest payable |
|
22 No interest is payable on any amount owing to His |
|
Majesty under this Act as a result of an overpayment or |
|
an erroneous payment. |
|
Violations |
|
23 (1) A person commits a violation if they |
|
(a) knowingly make, in relation to an application for a |
|
dental benefit, a representation that is false or mis- |
|
leading; or |
|
(b) make an application for, and receive, a dental ben- |
|
efit knowing that they are not eligible to receive it. |
|
Penalty |
|
(2) The Minister may impose a penalty on a person if the |
|
Minister is of the opinion that the person has committed |
|
a violation. |
|
Amount of penalty |
|
(3) The Minister may set the amount of the penalty for |
|
each violation at not more than 50% of the dental benefit |
|
that was or would have been paid as a result of commit- |
|
ting the violation. |
|
Maximum |
|
(4) The maximum amount of all penalties that may be |
|
imposed on a particular person under this section |
|
is $5,000. |
|
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 were eligible to receive the dental ben- |
|
efit, as the case may be. |
|
Purpose of penalty |
|
(6) The purpose of a penalty is to promote compliance |
|
with this Act and not to punish. |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 1 Dental Benefit Act |
|
Section |
|
2 |
|
|
|
Page 20 |
|
Limitation of imposition of penalties |
|
24 A penalty must not be imposed under section 23 if |
|
more than three years have passed after the day on which |
|
the act that would constitute the violation occurred. |
|
Rescission or reduction of penalty |
|
25 The Minister may rescind the imposition of a penalty |
|
under section 23, or reduce the penalty, on the presenta- |
|
tion of new facts or on being of the opinion that the |
|
penalty was imposed without knowledge of, or on the ba- |
|
sis of a mistake as to, some material fact. |
|
Recovery as debt due to His Majesty |
|
26 A penalty imposed under section 23 constitutes a |
|
debt due to His Majesty and the debt is payable and may |
|
be recovered by the Minister as of the day on which the |
|
penalty is imposed. |
|
Offences |
|
27 (1) Every person commits an offence who |
|
(a) for the purpose of obtaining a dental benefit for |
|
themselves, knowingly uses false identity information |
|
or another person’s identity information; |
|
(b) with intent to steal all or a substantial part of an- |
|
other person’s dental benefit, counsels that person to |
|
apply for the benefit; or |
|
(c) knowingly makes, in relation to one or more appli- |
|
cations under this Act, three or more representations |
|
that are false or misleading, if the total amount of the |
|
dental benefits that were or would have been paid as a |
|
result of the applications is at least $5,000. |
|
Punishment |
|
(2) Every person who is guilty of an offence under sub- |
|
section (1) is liable on summary conviction to a fine of |
|
not more than the sum of $5,000 plus an amount of not |
|
more than double the amount of the dental benefit that |
|
was or would have been paid as a result of committing |
|
the offence, to imprisonment for a term of not more than |
|
two years less a day, or to both. |
|
Definition of identity information |
|
(3) In paragraph (1)(a), identity information has the |
|
same meaning as in section 402.1 of the Criminal Code. |
|
Designation — investigators |
|
28 (1) The Minister may designate as an investigator |
|
any person or class of persons for the purpose of enforc- |
|
ing section 27. |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 1 Dental Benefit Act |
|
Section |
|
2 |
|
|
|
Page 21 |
|
Authorization |
|
(2) The Minister may authorize the Commissioner to |
|
designate as an investigator any employee or class of em- |
|
ployees of the Agency for the purpose of enforcing sec- |
|
tion 27. |
|
Limitation period |
|
29 Proceedings in respect of an offence under this Act |
|
may be instituted at any time within, but not later than, |
|
five years after the day on which the Minister becomes |
|
aware of the subject matter of the prosecution. |
|
Sunset provision |
|
30 Despite any other provision of this Act, a payment |
|
out of the Consolidated Revenue Fund must not be made |
|
under this Act after the fifth anniversary of the day on |
|
which this Act comes into force. |
|
PART 2 |
|
Rental Housing Benefit Act |
|
Enactment of Act |
|
3 The Rental Housing Benefit Act is enacted as |
|
follows: |
|
An Act respecting benefits in relation to rental hous- |
|
ing |
|
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 Rental Housing Benefit |
|
Act. |
|
Interpretation |
|
Definitions |
|
2 (1) The following definitions apply in this Act. |
|
Agency means the Canada Revenue Agency. (Agence) |
|
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) |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 1 Dental Benefit Act |
|
Sections 2-3 |
|
|
|
Page 22 |
|
Commissioner has the same meaning as in section 2 of |
|
the Canada Revenue Agency Act. (commissaire) |
|
Corporation means the Canada Mortgage and Housing |
|
Corporation. (Société) |
|
His Majesty means His Majesty in right of Canada. (Sa |
|
Majesté) |
|
Minister means the member of the King’s Privy Council |
|
for Canada designated as Minister for the purposes of the |
|
Canada Mortgage and Housing Corporation Act. (mi- |
|
nistre) |
|
reference day means the later of December 1, 2022 and |
|
the day on which this Act comes into force. (date de ré- |
|
férence) |
|
rent means a payment made under a lease, licence or |
|
similar arrangement to occupy a principal residence, in- |
|
cluding any part of the payment that is allocated to pay |
|
for utilities or property taxes. It does not include any |
|
such payment, or part of any such payment, |
|
(a) that is paid in respect of utilities or property taxes |
|
to a person or entity who is not a party to the lease, li- |
|
cence or arrangement; |
|
(b) that is to be deducted from income from business |
|
under the Income Tax Act; |
|
(c) that is specified and that is allocated to pay for |
|
board or other services; |
|
(d) that is paid by a person to a related person, with- |
|
in the meaning of paragraph 251(2)(a) and subsection |
|
251(6) of the Income Tax Act, and that is not income |
|
of the related person for the purposes of that Act; or |
|
(e) that is paid with respect to a capital lease. (loyer) |
|
Spouse or common-law partner living separate and |
|
apart |
|
(2) For the purposes of this Act, a person is not consid- |
|
ered to be living separate and apart from their spouse or |
|
common-law partner at any time unless they are living |
|
separate and apart at that time, because of a breakdown |
|
of their marriage or common-law partnership, for a peri- |
|
od of at least 90 days that includes that time. |
|
Definition of adjusted income |
|
(3) In section 4, adjusted income has the same meaning |
|
as in section 122.6 of the Income Tax Act, except that the |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 23 |
|
reference to “at the end of the year” is to be read as a ref- |
|
erence to “on the reference day”. |
|
Rental Housing Benefit |
|
Payment of benefit |
|
3 The Minister must pay a one-time rental housing ben- |
|
efit of $500 to a person who is eligible to receive it and |
|
who makes an application under section 5. |
|
Eligibility |
|
4 (1) An applicant is eligible to receive a rental housing |
|
benefit if |
|
(a) they are at least 15 years of age on the reference |
|
day; |
|
(b) they are alive on the day on which their applica- |
|
tion is made in accordance with section 5; |
|
(c) they are resident in Canada in 2022 for the purpos- |
|
es of the Income Tax Act and their principal residence |
|
is, on the reference day, situated in Canada; |
|
(d) they — and, if any, their cohabiting spouse or com- |
|
mon-law partner — have filed a return of income, as |
|
defined in section 122.6 of the Income Tax Act, for |
|
2021 no later than the 120th day after the reference |
|
day; |
|
(e) they have an adjusted income for 2021 of no more |
|
than |
|
(i) $35,000, if they |
|
(A) have a cohabiting spouse or common-law |
|
partner on the reference day, |
|
(B) reside on the reference day with a qualified |
|
dependant, as defined in section 122.6 of the In- |
|
come Tax Act, or |
|
(C) claimed a deduction for 2021 under subsec- |
|
tion 118(1) of that Act, because of paragraph (b) |
|
of the description of B in that subsection, and |
|
are entitled to that deduction, or |
|
(ii) $20,000, in any other case; |
|
(f) they — or, if any, their cohabiting spouse or com- |
|
mon-law partner — paid, in 2022, rent that is in re- |
|
spect of 2022 for the applicant’s principal residence |
|
situated in Canada; and |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 24 |
|
(g) subject to any of subsections (2) to (6) that apply |
|
in the circumstances, the total amount of the rent |
|
referred to in paragraph (f) is at least 30% of the appli- |
|
cant’s adjusted income for 2021. |
|
Unspecified amount — board or other services |
|
(2) If a payment for room and either board or other ser- |
|
vices is made in respect of a principal residence and it in- |
|
cludes an unspecified amount for the board or other ser- |
|
vices, only 90% of the payment is to be taken into account |
|
as rent for the purposes of paragraph (1)(g). |
|
Separation from cohabiting spouse or common-law |
|
partner |
|
(3) If an applicant had a cohabiting spouse or common- |
|
law partner during 2022 but is living separate and apart |
|
from them on the reference day, the total amount of rent |
|
paid by the applicant to be taken into account for the |
|
purposes of paragraph (1)(g) is the total amount of rent |
|
paid in 2022 by the applicant. |
|
Different principal residences |
|
(4) If the applicant and their cohabiting spouse or com- |
|
mon-law partner live in two different principal resi- |
|
dences at any point in 2022, the applicant may take into |
|
account, for the purposes of paragraph (1)(g), the total |
|
amount of the rent paid in 2022 by either of them for |
|
both of those principal residences while they were each |
|
other’s cohabiting spouse or common-law partner. |
|
Part-year residents |
|
(5) For the purposes of determining the applicant’s ad- |
|
justed income in paragraphs (1)(e) and (g), if a person |
|
was non-resident in Canada for the purposes of the In- |
|
come Tax Act at any time in 2021, the person’s income for |
|
the year is deemed to be the amount that would have |
|
been the person’s income for the year had the person |
|
been resident in Canada throughout the year. |
|
Bankruptcy |
|
(6) For the purposes of determining the applicant’s ad- |
|
justed income in paragraphs (1)(e) and (g), if a person |
|
becomes bankrupt in 2021, their income for that year is |
|
to include their income for the taxation year that begins |
|
on January 1 of 2021. |
|
Only one cohabiting spouse or common-law partner |
|
eligible |
|
(7) If two applicants who are each other’s cohabiting |
|
spouse or common-law partner on the reference day both |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 25 |
|
apply under section 5 for a rental housing benefit and |
|
both would, but for this subsection, be eligible for the |
|
benefit, only the applicant that the Minister designates is |
|
eligible to receive the benefit. |
|
Application |
|
5 An application for the benefit must |
|
(a) be in the form and manner established by the Min- |
|
ister; and |
|
(b) be made no earlier than the reference day and no |
|
later than the 120th day after the reference day. |
|
Attestation |
|
6 An applicant must, in their application, attest to the |
|
accuracy of the information that they provide in it, in- |
|
cluding the rent paid during 2022 for the principal resi- |
|
dence, the address of the principal residence and the |
|
name and contact information of the person to whom the |
|
rent was paid. |
|
General |
|
Corporation |
|
7 The Corporation, on behalf of His Majesty and in the |
|
place of the Minister, |
|
(a) has all the rights and liabilities of His Majesty and |
|
the Minister under this Act; and |
|
(b) exercises all the powers and performs all the du- |
|
ties and functions of the Minister under this Act. |
|
Minister of National Revenue |
|
8 The Minister of National Revenue may provide ser- |
|
vices and carry out activities to support the Minister in |
|
the administration and enforcement of this Act and may |
|
authorize the Commissioner or any other person who is |
|
employed or engaged by the Agency or who occupies a |
|
position of responsibility in the Agency to provide those |
|
services or carry out those activities. |
|
Agreements or arrangements |
|
9 The Minister may enter into agreements or arrange- |
|
ments with any department, board or agency of the Gov- |
|
ernment of Canada to assist the Minister in carrying out |
|
the purposes and provisions of this Act. |
|
Delegation |
|
10 The Minister may authorize the Commissioner or any |
|
other person or body, or member of a class of persons or |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 26 |
|
bodies, to exercise any power or perform any duty or |
|
function of the Minister under this Act. |
|
Availability of information |
|
11 (1) Information obtained, or prepared from informa- |
|
tion obtained, under this Act may be made available to |
|
the Minister of National Revenue for the administration |
|
and enforcement of the Income Tax Act if the Minister |
|
considers it advisable and the information is made avail- |
|
able subject to conditions that are agreed on by the Min- |
|
ister and the Minister of National Revenue. |
|
Secondary release of information |
|
(2) The information must not be made available to any |
|
other person or body unless the Minister considers it ad- |
|
visable, the information is made available for the same |
|
purpose and it is subject to conditions that are agreed on |
|
by the Minister and the Minister of National Revenue. |
|
Payment out of Consolidated Revenue Fund |
|
12 (1) All amounts to be expended in relation to this |
|
Act, including amounts payable by the Minister under |
|
section 3 and the costs of administering and enforcing |
|
this Act, are to be paid out of the Consolidated Revenue |
|
Fund to the Corporation. |
|
Special account |
|
(2) The Corporation may pay or cause to be paid all or |
|
any part of the money paid out to it under subsection (1) |
|
to the Receiver General, to be paid into the Consolidated |
|
Revenue Fund and credited to a special account in the ac- |
|
counts of Canada in the Corporation’s name. |
|
Payments charged to special account |
|
(3) If money is credited to the special account under sub- |
|
section (2), |
|
(a) the Minister of National Revenue may, at the re- |
|
quest and on behalf of the Corporation, make pay- |
|
ments out of the Consolidated Revenue Fund for the |
|
purposes of this Act and those payments are to be |
|
charged to the special account; and |
|
(b) money owing to His Majesty under this Act is to be |
|
deposited into the Consolidated Revenue Fund and, |
|
unless the special account has been closed under para- |
|
graph 28(2)(b), credited to the special account. |
|
Social Insurance Number |
|
13 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 under this Act. |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 27 |
|
Provision of information and documents |
|
14 (1) The Minister may, for any purpose related to ver- |
|
ifying compliance or preventing non-compliance with |
|
this Act, require that any person provide any information |
|
or document within the reasonable time that the Minister |
|
may specify. |
|
Ineligibility |
|
(2) The Minister may decide that an applicant who fails |
|
to fulfill or comply with a requirement under subsection |
|
(1) is ineligible for a rental housing benefit. |
|
Benefit cannot be charged, etc. |
|
15 A rental housing benefit |
|
(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 Assis- |
|
tance Act. |
|
Reconsideration of application |
|
16 (1) Subject to subsection (5), the Minister may re- |
|
consider an application within 24 months after the 120th |
|
day after the reference day. |
|
Decision |
|
(2) If the Minister decides on reconsideration that a per- |
|
son has received money by way of a rental housing bene- |
|
fit 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. |
|
Amount repayable |
|
(3) Section 18 applies if the Minister decides that a per- |
|
son has received money by way of a benefit to which they |
|
were not entitled. |
|
Amount payable |
|
(4) If the Minister decides that a person was entitled to |
|
receive money by way of a rental housing benefit, and the |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
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3 |
|
|
|
Page 28 |
|
money was not paid, the amount calculated under sub- |
|
section (2) is payable to the person. |
|
Extended time to reconsider claim |
|
(5) If, in the opinion of the Minister, a false or mislead- |
|
ing statement or representation has been made in con- |
|
nection with an application for a rental housing benefit, |
|
the Minister has 72 months within which to reconsider |
|
the application. |
|
Request for review |
|
17 (1) A person who is the subject of a decision of the |
|
Minister made under this Act may make a request to the |
|
Minister, in the form and manner established by the |
|
Minister, for a review of that decision at any time within |
|
90 days after the day on which they are notified of the de- |
|
cision or any further time that the Minister may allow. |
|
Review |
|
(2) 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. |
|
Notification |
|
(3) The Minister must notify the person who made the |
|
request of the result of the Minister’s review under sub- |
|
section (2). |
|
Return of overpayment or erroneous payment |
|
18 (1) If the Minister determines that a person has re- |
|
ceived a rental housing benefit to which they are not enti- |
|
tled, or an amount in excess of the amount of such a ben- |
|
efit 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 feasible. |
|
Recovery as debt due to His Majesty |
|
(2) The amount of the erroneous payment or overpay- |
|
ment, as determined by the Minister, constitutes a debt |
|
due to His 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. |
|
Limitation or prescription period |
|
19 (1) Subject to this section, no action or proceedings |
|
may be taken to recover money owing under this Act af- |
|
ter the end of the six-year limitation or prescription peri- |
|
od that begins on the day on which the money becomes |
|
due and payable. |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 29 |
|
Deduction, set-off or compensation |
|
(2) Money owing by a person under this Act may be re- |
|
covered at any time by way of deduction from, or set-off |
|
or compensation against, any sum of money, including a |
|
rental housing benefit, that may be due or payable by His |
|
Majesty to the person, other than an amount payable un- |
|
der section 122.61 of the Income Tax Act. |
|
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. |
|
Acknowledgment after 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 end of the limitation or prescription period, an action |
|
or proceedings to recover the money may, subject to sub- |
|
sections (3) and (6), be brought within six years after the |
|
date of the acknowledgment. |
|
Types of acknowledgments |
|
(5) An acknowledgment of liability means |
|
(a) a written promise to pay the money owing, signed |
|
by the person or their agent or other representative; |
|
(b) a written acknowledgment of the money owing, |
|
signed by the person or their agent or other represen- |
|
tative, 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 oth- |
|
er representative of any money owing; or |
|
(d) any acknowledgment of the money owing made by |
|
the person, their agent or other representative or the |
|
trustee or administrator in the course of proceedings |
|
under the Bankruptcy and Insolvency Act or any oth- |
|
er legislation dealing with the payment of debts. |
|
Limitation or prescription period suspended |
|
(6) The running of a limitation or prescription period in |
|
respect of money owing under this Act is suspended dur- |
|
ing any period in which it is prohibited to commence or |
|
continue an action or other proceedings against the per- |
|
son to recover money owing under this Act. |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 30 |
|
Non-application |
|
(7) This section does not apply in respect of an action or |
|
proceedings relating to the execution, renewal or en- |
|
forcement of a judgment. |
|
No interest payable |
|
20 No interest is payable on any amount owing to His |
|
Majesty under this Act as a result of an overpayment or |
|
an erroneous payment. |
|
Violations |
|
21 (1) A person commits a violation if they |
|
(a) knowingly make, in relation to an application for a |
|
rental housing benefit, a representation that is false or |
|
misleading; or |
|
(b) make an application for, and receive, a rental |
|
housing benefit knowing that they are not eligible to |
|
receive it. |
|
Penalty |
|
(2) The Minister may impose a penalty on a person if the |
|
Minister is of the opinion that the person has committed |
|
a violation. |
|
Amount of penalty |
|
(3) The Minister may set the amount of the penalty for |
|
each violation at not more than 50% of the benefit that |
|
was or would have been paid as a result of committing |
|
the violation. |
|
For greater certainty |
|
(4) For greater certainty, no penalty may be imposed on |
|
a person if they mistakenly believe that a representation |
|
is true or that they were eligible to receive the benefit, as |
|
the case may be. |
|
Purpose of penalty |
|
(5) The purpose of a penalty is to promote compliance |
|
with this Act and not to punish. |
|
Limitation of imposition of penalties |
|
22 A penalty must not be imposed under section 21 if |
|
more than three years have passed after the day on which |
|
the act that would constitute the violation occurred. |
|
Rescission or reduction of penalty |
|
23 The Minister may rescind the imposition of a penalty |
|
under section 21, or reduce the penalty, on the presenta- |
|
tion of new facts or on being of the opinion that the |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 31 |
|
penalty was imposed without knowledge of, or on the ba- |
|
sis of a mistake as to, some material fact. |
|
Recovery as debt due to His Majesty |
|
24 A penalty imposed under section 21 constitutes a |
|
debt due to His Majesty and the debt is payable and may |
|
be recovered by the Minister as of the day on which the |
|
penalty is imposed. |
|
Offences |
|
25 (1) Every person commits an offence who |
|
(a) for the purpose of obtaining a rental housing bene- |
|
fit for themselves, knowingly uses false identity infor- |
|
mation or another person’s identity information; or |
|
(b) with intent to steal all or a substantial part of an- |
|
other person’s rental housing benefit, counsels that |
|
person to apply for the benefit. |
|
Punishment |
|
(2) Every person who is guilty of an offence under sub- |
|
section (1) is liable on summary conviction to a fine of |
|
not more than the sum of $5,000 plus an amount of not |
|
more than double the amount of the benefit that was or |
|
would have been paid as a result of committing the of- |
|
fence, to imprisonment for a term of not more than two |
|
years less a day, or to both. |
|
Definition of identity information |
|
(3) In paragraph (1)(a), identity information has the |
|
same meaning as in section 402.1 of the Criminal Code. |
|
Designation — investigators |
|
26 (1) The Minister may designate as an investigator |
|
any person or class of persons for the purpose of enforc- |
|
ing section 25. |
|
Authorization |
|
(2) The Minister may authorize the Commissioner to |
|
designate as an investigator any employee or class of em- |
|
ployees of the Agency for the purpose of enforcing sec- |
|
tion 25. |
|
Limitation period |
|
27 Proceedings in respect of an offence under this Act |
|
may be instituted at any time within, but not later than, |
|
five years after the day on which the Minister becomes |
|
aware of the subject matter of the prosecution. |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Section |
|
3 |
|
|
|
Page 32 |
|
Sunset provision |
|
28 (1) Despite any other provision of this Act, a pay- |
|
ment out of the Consolidated Revenue Fund must not be |
|
made under section 12 after the fifth anniversary of the |
|
day on which this Act comes into force. |
|
Consolidated Revenue Fund |
|
(2) On the day after that fifth anniversary, |
|
(a) any money paid out under subsection 12(1) and |
|
held on that day by the Corporation is to be paid into |
|
the Consolidated Revenue Fund and credited to the |
|
Receiver General; and |
|
(b) any special account referred to in subsection 12(2) |
|
is closed and any money in that account on closing is |
|
to remain in the Consolidated Revenue Fund and is |
|
credited to the Receiver General. |
|
PART 3 |
|
Related Amendments |
|
R.S., c. 1 (5th Supp.) |
|
Income Tax Act |
|
4 Subsection 81(1) of the Income Tax Act is |
|
amended by striking out “or” at the end of para- |
|
graph (r), by adding “or” at the end of paragraph |
|
(s) and by adding the following after paragraph |
|
(s): |
|
Dental benefits |
|
(t) an amount received under the Dental Benefit Act. |
|
5 Paragraph 241(4)(d) of the Act is amended by |
|
striking out “or” at the end of subparagraph (xvi- |
|
ii) and by adding the following after subpara- |
|
graph (xix): |
|
(xx) to an official of |
|
(A) the Canada Revenue Agency solely for the |
|
purposes of the administration or enforcement |
|
of the Dental Benefit Act, or |
|
(B) the Department of Health solely for the pur- |
|
poses of the formulation or evaluation of policy |
|
for that Act, |
|
(xxi) to an official of the Canada Revenue Agency |
|
solely for the purposes of the administration or en- |
|
forcement of the Rental Housing Benefit Act, or |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 2 Rental Housing Benefit Act |
|
Sections 3-5 |
|
|
|
Page 33 |
|
(xxii) to a person who is employed in the service of, |
|
who occupies a position of responsibility in the ser- |
|
vice of, or who is engaged by or on behalf of, the |
|
Canada Mortgage and Housing Corporation, solely |
|
for the purposes of the formulation or evaluation of |
|
policy for the Rental Housing Benefit Act; |
|
R.S., c. E-15 |
|
Excise Tax Act |
|
6 Paragraph 295(5)(d) of the Excise Tax Act is |
|
amended by striking out “or” at the end of sub- |
|
paragraph (ix) and by adding the following after |
|
subparagraph (x): |
|
(xi) to an official of |
|
(A) the Canada Revenue Agency solely for the |
|
purposes of the administration or enforcement |
|
of the Dental Benefit Act, or |
|
(B) the Department of Health solely for the pur- |
|
poses of the formulation or evaluation of policy |
|
for that Act, |
|
(xii) to an official of the Canada Revenue Agency |
|
solely for the purposes of the administration or en- |
|
forcement of the Rental Housing Benefit Act, or |
|
(xiii) to a person who is employed in the service of, |
|
who occupies a position of responsibility in the ser- |
|
vice of, or who is engaged by or on behalf of, the |
|
Canada Mortgage and Housing Corporation, solely |
|
for the purposes of the formulation or evaluation of |
|
policy for the Rental Housing Benefit Act; |
|
2002, c. 22 |
|
Excise Act, 2001 |
|
7 Paragraph 211(6)(e) of the Excise Act, 2001 is |
|
amended by striking out “or” at the end of sub- |
|
paragraph (x) and by adding the following after |
|
subparagraph (xi): |
|
(xii) to an official of |
|
(A) the Agency solely for the purposes of the ad- |
|
ministration or enforcement of the Dental Bene- |
|
fit Act, or |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 3 Related Amendments |
|
Income Tax Act |
|
Sections 5-7 |
|
|
|
Page 34 |
|
(B) the Department of Health solely for the pur- |
|
poses of the formulation or evaluation of policy |
|
for that Act, |
|
(xiii) to an official of the Agency solely for the pur- |
|
poses of the administration or enforcement of the |
|
Rental Housing Benefit Act, or |
|
(xiv) to a person who is employed in the service of, |
|
who occupies a position of responsibility in the ser- |
|
vice of, or who is engaged by or on behalf of, the |
|
Canada Mortgage and Housing Corporation, solely |
|
for the purposes of the formulation or evaluation of |
|
policy for the Rental Housing Benefit Act; |
|
Published under authority of the Speaker of the House of Commons |
|
2021-2022 |
|
Chapter 14: Cost of Living Relief Act, No. 2 (Targeted Support for Households) |
|
PART 3 Related Amendments |
|
Excise Act, 2001 |
|
Section |
|
7 |
|
|
|
Page 35 |
|
|
|
Page 36 |
|
Available on the House of Commons website |
|
Disponible sur le site Web de la Chambre des com |
|
|
|
|