An Act to assist families by supporting their child care choices through direct financial support and to make consequential and related amendments to certain Acts (S.C. 2006, c. 4, s. 168)

Short Title

Marginal note:Short title

1 This Act may be cited as the Universal Child Care Benefit Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

eligible individual

eligible individual means a person who is an eligible individual for the purpose of Subdivision a.1 of Division E of Part I of the Income Tax Act. (particulier admissible)

Minister

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

qualified dependant

qualified dependant means a person who is a qualified dependant for the purpose of Subdivision a.1 of Division E of Part I of the Income Tax Act. (personne à charge admissible)

shared-custody parent

shared-custody parent has the meaning assigned by section 122.6 of the Income Tax Act. (parent ayant la garde partagée)

Purpose

Marginal note:Purpose

3 The purpose of this Act is to assist families by supporting their child care choices through direct financial support to a maximum of

• (a) $1,920 per year in respect of each of their children who is under six years of age; and

• (b) $720 per year in respect of each of their children who is six years of age or older but who is under 18 years of age.

Benefit

Marginal note:Amount of payment — child under six years

• 4 (1) In respect of every month before January 1, 2015, the Minister shall pay to an eligible individual, for each month at the beginning of which he or she is an eligible individual, for each child who, at the beginning of that month, is under six years of age and is a qualified dependant of the eligible individual,

  • (a) a benefit of $50, if the eligible individual is a shared-custody parent of the qualified dependant; and

  • (b) a benefit of $100 in any other case.

• Marginal note:Child under six years — January 2015 to June 2016

  (1.1) In respect of every month as of January 1, 2015 but before July 1, 2016, the Minister shall pay to an eligible individual, for each month at the beginning of which he or she is an eligible individual, for each child who, at the beginning of that month, is under the age of six years and is a qualified dependant of the eligible individual,

  • (a) a benefit of $80, if the eligible individual is a shared-custody parent of the qualified dependant; and

  • (b) a benefit of $160 in any other case.

• Marginal note:Other children — January 2015 to June 2016

  (1.2) In respect of every month as of January 1, 2015 but before July 1, 2016, the Minister shall pay to an eligible individual, for each month at the beginning of which he or she is an eligible individual, for each child who, at the beginning of that month, is six years of age or older and is a qualified dependant of the eligible individual,

  • (a) a benefit of $30, if the eligible individual is a shared-custody parent of the qualified dependant; and

  • (b) a benefit of $60 in any other case.

• Marginal note:Limitation

  (2) The benefit may not be paid in respect of any month before July, 2006.

Marginal note:Benefit cannot be charged, etc.

5 A 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, in Quebec, 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 overpayment or erroneous payment

• 6 (1) A person who has received or obtained a benefit to which the person is not entitled, or a benefit in excess of the amount of the benefit to which the person is entitled, shall, as soon as possible, repay the amount of the benefit or the excess amount, as the case may be.

• Marginal note:Recovery as a debt due to Her Majesty

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

Marginal note:Limitation period

• 7 (1) Subject to this section, no action or proceedings shall be taken to recover money owing under this Act after the expiry of the six-year limitation period that begins on the day on which the money becomes due and payable.

• Marginal note:Deduction and set-off

  (2) Money owing by a person 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, including a benefit under this Act, that may be due or payable by Her Majesty in right of Canada to the person, other than an amount payable under section 122.61 of the Income Tax Act.

• Marginal note: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 period has run before the acknowledgment does not count in the calculation of that period.

• Marginal note:Acknowledgment after expiry of limitation period

  (4) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5) after the expiry of the limitation period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.

• Marginal note:Types of acknowledgments

  (5) An acknowledgment of liability means

  • (a) a written promise to pay the money owing, signed by the person or his or her agent or other representative;

  • (b) a written acknowledgment of the money owing, signed by the person or his or her agent or other representative, 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 his or her agent or other representative of any money owing; or

  • (d) any acknowledgment of the money owing made by the person, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts.

• Marginal note:Limitation period suspended

  (6) The running of a limitation period in respect of money owing under this Act is suspended 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.

• Marginal note:Enforcement proceedings

  (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

Marginal note:No interest payable

8 No interest is payable on any amount owing to Her Majesty under this Act as a result of an overpayment or an erroneous payment.

Marginal note:Authority to enter agreements

9 The Minister may enter into agreements or arrangements with any department, board or agency of the Government of Canada to assist the Minister in carrying out the purposes and provisions of this Act.

Marginal note:Payment out of C.R.F.

10 All amounts payable by the Minister under section 4 shall be paid out of the Consolidated Revenue Fund.