Canada Disability Savings Act (S.C. 2007, c. 35, s. 136)

Act current to 2012-05-02 and last amended on 2011-06-26. Previous Versions

Marginal note:Payment

8. Neither a Canada Disability Savings Grant nor a Canada Disability Savings Bond may be paid unless

  • (a) the Minister is provided with, as the case may be,

    • (i) the Social Insurance Number of the beneficiary,

    • (ii) the Social Insurance Number of the eligible individual referred to in subparagraph 6(2)(a)(ii) or 7(2)(a)(ii) or (b)(ii), and

    • (iii) the business number of the department, agency or institution that maintains the beneficiary in respect of whom a special allowance is payable under the Children’s Special Allowances Act for a month in the particular year;

  • (b) the beneficiary is resident in Canada, in the case of a Canada Disability Savings Grant, at the time the contribution to the plan is made and, in the case of a Canada Disability Savings Bond, immediately before the payment is made; and

  • (c) the plan is not a specified disability savings plan, in the case of a Canada Disability Savings Grant, at the time the contribution to the plan is made and, in the case of a Canada Disability Savings Bond, immediately before the payment is made.

  • 2007, c. 35, s. 136 “8”;
  • 2011, c. 15, s. 6.
Previous Version
Marginal note:Interest

9. The Minister may, in prescribed circumstances, pay interest, calculated as prescribed, in respect of Canada Disability Savings Grants or Canada Disability Savings Bonds.

Marginal note:Payments out of CRF

10. All amounts payable by the Minister under this Act shall be paid out of the Consolidated Revenue Fund.

Marginal note:Waiver

11. On application made by the holder or the beneficiary, to avoid undue hardship, the Minister may, in prescribed circumstances, waive any of the prescribed requirements of this Act or the regulations that relate to the payment of any amount or the repayment of any amount or earnings generated by that amount. The application must be in the form and manner approved by the Minister.

GENERAL

Marginal note:Debt due to Her Majesty

  • 12. (1) An amount required to be repaid under this Act, the regulations or an agreement entered into under this Act constitutes a debt due to Her Majesty in right of Canada as of the date on which the Minister issues a written notice to the person responsible for the debt indicating the amount that is due.

  • Marginal note:Recovery of payments and interest

    (2) Debts due to Her Majesty in right of Canada under this Act are recoverable, including in the Federal Court or any other court of competent jurisdiction, by the Minister of National Revenue.

  • Marginal note:Deduction and set-off

    (3) Despite subsection 14(1), debts due to Her Majesty in right of Canada under this Act may be recovered at any time by way of deduction from, set-off against or, in Quebec, compensation against, any sum of money that may be due or payable by Her Majesty in right of Canada to the person responsible for the debt, other than an amount payable under section 122.61 of the Income Tax Act.