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Canada Emergency Student Benefit Act (S.C. 2020, c. 7)

Act current to 2020-11-17

Canada Emergency Student Benefit Act

S.C. 2020, c. 7

Assented to 2020-05-01

An Act respecting Canada emergency student benefits (coronavirus disease 2019)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:Short title

 This Act may be cited as the Canada Emergency Student Benefit Act.

Marginal note:Definitions

 The following definitions apply in this Act.

Minister

Minister means the Minister of Employment and Social Development. (ministre)

student

student means a person who is a Canadian citizen, a person registered as an Indian under the Indian Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a protected person within the meaning of subsection 95(2) of that Act and who

  • (a) is enrolled, at any time between December 1, 2019 and August 31, 2020, in a post-secondary educational program that leads to a degree, diploma or certificate;

  • (b) has graduated from secondary school in 2020, has applied for enrollment in such a post-secondary educational program that is scheduled to begin before February 1, 2021 and plans to enroll in the program if their application is accepted; or

  • (c) is a member of a class of persons that is prescribed by regulation. (étudiant)

week

week means the period of seven consecutive days beginning on and including Sunday. (semaine)

Marginal note:Regulations — definition of student

 With the consent of the Minister of Finance, the Minister may make regulations

  • (a) respecting the meaning of the term “post-secondary educational program” for the purposes of the definition student in section 2; and

  • (b) prescribing classes of persons for the purposes of paragraph (c) of that definition.

Marginal note:Payment of benefit

 The Minister must pay a Canada emergency student benefit to a student who makes an application under section 5 and who is eligible for the benefit.

Marginal note:Application

  •  (1) A student may, in the form and manner established by the Minister, apply for a Canada emergency student benefit for any four-week period falling within the period prescribed by regulation.

  • Marginal note:Attestation

    (2) A student who applies on the basis that they are seeking work, whether as an employee or in self-employment, but are unable to find it must, in their application, attest to the fact that they are seeking work.

  • Marginal note:Limitation

    (3) No student is permitted to file an application after September 30, 2020, and the Minister must not pay a Canada student emergency benefit to a student who files an application after that day.

  • Marginal note:Information

    (4) An applicant must provide the Minister with any information that the Minister may require in respect of the application.

  • Marginal note:Regulations

    (5) With the consent of the Minister of Finance, the Minister may, by regulation, prescribe periods for the purposes of subsection (1).

Marginal note:Eligibility

  •  (1) A student is eligible for a Canada emergency student benefit if

    • (a) for reasons related to the coronavirus disease 2019 and whether as an employee or in self-employment, they are unable to work, are seeking work and unable to find it, or are working but are paid less than the amount determined under the regulations, during the four-week period for which they apply for the benefit; and

    • (b) they do not, in respect of any part of that four-week period, receive

      • (i) subject to the regulations, income from employment or self-employment,

      • (ii) benefits, as defined in subsection 2(1) of the Employment Insurance Act, or an employment insurance emergency response benefit referred to in section 153.7 of that Act,

      • (iii) allowances, money or other benefits that would be paid to the student under a provincial plan because of pregnancy or in respect of the care by the student of one or more of their new-born children or one or more children placed with them for the purpose of adoption,

      • (iv) an income support payment under the Canada Emergency Response Benefit Act, or

      • (v) any other income that is prescribed by regulation.

  • Marginal note:Regulations

    (2) With the consent of the Minister of Finance, the Minister may make regulations

    • (a) respecting the meaning of terms referred to in paragraph (1)(a) and the amount referred to in that paragraph;

    • (b) excluding income from the application of subparagraph (1)(b)(i); and

    • (c) prescribing any other income for the purposes of subparagraph (1)(b)(v).

  • Marginal note:Information — employment opportunities

    (3) The Minister is to make available to eligible students information about employment opportunities through a government-managed job posting system.

Marginal note:Amount of benefit

  •  (1) The amount of a Canada emergency student benefit for a week is the amount determined for that week under the regulations.

  • Marginal note:Regulations

    (2) With the consent of the Minister of Finance, the Minister may make regulations respecting the amount of a Canada emergency student benefit for a week specified in the regulations.

  • Marginal note:Distinguishing — classes

    (3) Regulations made under subsection (2) may distinguish among different classes of students.

Marginal note:Maximum number of weeks

  •  (1) The maximum number of weeks for which a student may receive Canada emergency student benefits is the number of weeks that is determined under the regulations.

  • Marginal note:Regulations

    (2) With the consent of the Minister of Finance, the Minister may make regulations respecting the number of weeks for the purpose of subsection (1).

Marginal note:Retroactive effect

 Regulations made under this Act may, if they so provide, have retroactive effect.

Marginal note:Social Insurance Number

 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.

Marginal note:Provision of information and documents

 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by notice served personally or by confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.

Marginal note:Benefits cannot be charged, etc.

 A Canada emergency student 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 Assistance Act.

Marginal note:Return of erroneous payment or overpayment

  •  (1) If the Minister determines that a person has been paid a Canada emergency student benefit to which the person is not entitled, or an amount in excess of the amount of such a benefit to which the person is entitled, the person must repay the amount of the benefit or the excess amount, as the case may be, as soon as is feasible.

  • Marginal note:Recovery as debt due to Her Majesty

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

  • Marginal note:Certificate of default

    (3) The amount of any debt referred to in subsection (2) may be certified by the Minister, and registration of the certificate in the Federal Court has the same effect as a judgment of that Court for the amount specified in the certificate and all related registration costs.

 
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