Canada Disability Benefit Regulations (SOR/2025-35)

Death of a Beneficiary

Marginal note:Notice to Minister

12 If a beneficiary dies, the executor or administrator of the estate, the liquidator of the succession or the beneficiary’s heirs must, as soon as feasible, notify the Minister of the beneficiary’s death.

Marginal note:Payment to estate or succession

• 13 (1) If a beneficiary dies, the beneficiary’s estate or succession or the beneficiary’s heirs are eligible to receive a benefit payment for the month in which the beneficiary died if the beneficiary did not receive a benefit payment for that month.

• Marginal note:Amount payable to deceased beneficiary

  (2) Any amount owing as a benefit on the death of the beneficiary, or any benefit paid to the beneficiary or on their behalf in accordance with the Act and these Regulations but returned to the Minister after the death of a beneficiary, must be paid to the beneficiary’s estate or succession or the beneficiary’s heirs. If there are no heirs, this amount must be paid to a person or agency designated by the Minister.

Marginal note:Presumption of death

• 14 (1) If a beneficiary has disappeared under circumstances that the Minister concludes raise, beyond a reasonable doubt, a presumption that the beneficiary is dead, the Minister may determine the date on which, for the purposes of the Act and these Regulations, that beneficiary’s death is presumed to have occurred, and the beneficiary will be deemed for all purposes of the Act and these Regulations to have died on that date.

• Marginal note:Change of date

  (2) If, after having determined the date of the beneficiary’s death, the Minister is satisfied on the basis of new information or evidence that the date of death is different, the Minister may determine a different date for the purposes of the Act and these Regulations and the Minister must, within a reasonable time, pay any benefit that would have been payable if the initial determination had not been made.

• Marginal note:Beneficiary is alive

  (3) If, after having determined the date of the beneficiary’s death under this section, the Minister is satisfied on the basis of new information or evidence that the beneficiary is alive, the Minister must, within a reasonable time, pay any benefit that would have been payable to the beneficiary had that determination not been made.

• Marginal note:Death certificates

  (4) For the purposes of this section, the Minister is not bound by the issuance or revocation of a death certificate by any other authority.

Representatives

Marginal note:Representative

15 If a person is incapable of managing their own affairs, their representative may act on their behalf, including by making any application, statement, notice, request for reconsideration or appeal referred to in the Act or these Regulations.

Marginal note:Payments to beneficiary’s representative

16 If a beneficiary is incapable of managing their own affairs, the Minister may direct that the benefit be paid on their behalf to their representative, if the representative is authorized by or under a law of Canada or of a province to manage the beneficiary’s affairs.

Amendment, Rescission or Reconsideration of Decisions

Marginal note:Amendment or rescission

17 The Minister may, on the basis of new facts, amend or rescind any decision made by the Minister.

Marginal note:Reconsideration of benefit

• 18 (1) Subject to section 19, a person who is dissatisfied with a decision made under the Act or these Regulations that no benefit be paid to them, or respecting the amount of a benefit that the person has received or will receive, may, within 180 days after the day on which the person is notified in writing of the decision, make a request to the Minister for a reconsideration of that decision.

• Marginal note:Reconsideration of penalty

  (2) Subject to section 19, a person against whom a penalty has been imposed by the Minister under section 35 and who is dissatisfied with that decision or with the amount of the penalty may, within 180 days after the day on which the person is notified in writing of the decision, make a request to the Minister for a reconsideration of that decision.

• Marginal note:Contents of request

  (3) A request for reconsideration must be made in writing to the Minister and contain the following information:

  • (a) the name and address of the applicant or the beneficiary, as applicable, and their Social Insurance Number or the reference number assigned to the benefit application;

  • (b) if the person referred to in paragraph (a) is incapable of managing their own affairs, the name and address of their representative; and

  • (c) the decision for which a request for reconsideration is being made and a statement of the reasons and facts that form the basis of that request.

• Marginal note:Minister’s decision

  (4) The Minister must, within a reasonable time, reconsider the decision referred to in the request and may confirm, amend or rescind it, and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable. In all cases, the Minister must notify in writing the person who made the request of the Minister’s decision and the reasons for it.

Marginal note:Request for extension

• 19 (1) A person may request that the Minister extend the 180‑day period referred to in subsections 18(1) and (2) not later than 185 days after the end of that period.

• Marginal note:Making of request

  (2) A request for an extension of time must be made in the form and manner specified by the Minister.

• Marginal note:Situations

  (3) The Minister must allow an extension of time if the Minister is satisfied that at least one of the following situations has occurred and has significantly impacted the ability of the person referred to in subsection (1) to respect the time period:

  • (a) an emergency, if a state of emergency has been declared by a federal or provincial minister under federal or provincial law;

  • (b) a natural or human‑made disaster, such as a flood or fire;

  • (c) a civil disturbance, such as a riot;

  • (d) a disruption in public services, such as a strike;

  • (e) a serious accident, injury or illness suffered by the person; or

  • (f) an emotional or mental distress suffered by the person, such as from a death in their family.

• Marginal note:Minister’s decision

  (4) The Minister must consider a request for an extension of time within a reasonable time and must notify, in writing, the person who made the request of the Minister’s decision and the reason for it.

Appeals

Marginal note:Social Security Tribunal

• 20 (1) For the purposes of section 10.1 of the Act, the body to which a person may appeal is the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act.

• Marginal note:Paragraphs 10.1(a) and (b) of Act

  (2) A person must follow the procedure set out in section 18 of these Regulations in respect of any requests for reconsideration of decisions referred to in paragraphs 10.1(a) and (b) of the Act. Only a decision of the Minister made under subsection 18(4) of these Regulations in respect of these decisions may be appealed to the Social Security Tribunal.

• Marginal note:Paragraph 10.1(c) of Act

  (3) For the purposes of paragraph 10.1(c) of the Act, a person may appeal to the Social Security Tribunal in respect of any decision of the Minister made under subsection 18(4) or 19(4) of these Regulations.

Marginal note:Reference to Court

• 21 (1) If an appeal brought under section 10.1 of the Act includes, as a ground of appeal, a claim or a submission that a decision or determination made by the Minister as to income under the Act was incorrectly made, the Social Security Tribunal must

  • (a) notify the appellant and the Minister that the appeal on that ground has been referred to the Court for decision in accordance with subsection 66(2) of the Department of Employment and Social Development Act; and

  • (b) transmit to the Registrar of the Court a copy of the documents filed in the appeal that are relevant to that ground of appeal.

• Definition of Court

  (2) For the purposes of this section and sections 23 to 29, Court means the Tax Court of Canada.

Definition of judge

22 For the purposes of sections 23 to 27, judge has the same meaning as in section 2 of the Tax Court of Canada Act.

Marginal note:Other persons affected

• 23 (1) If an appeal is made in relation to a decision or determination as to income under the Act or these Regulations and the Minister is of the opinion that a person other than the appellant may be directly affected by the decision of the Court, the Minister must so notify the Social Security Tribunal.

• Marginal note:Person added

  (2) The Social Security Tribunal must notify the Registrar of the Court and the Registrar must add that person as a party to the appeal.

• Marginal note:Notice — receipt of documents

  (3) The Registrar of the Court, on receipt of the documents transmitted by the Social Security Tribunal under paragraph 21(1)(b), must notify the Chief Justice of the Court, the Social Security Tribunal, the Minister and any person added as a party to the appeal of that receipt.

• Marginal note:Appointment of judge

  (4) When the Chief Justice of the Court is notified under subsection (3), the Chief Justice must appoint a judge to hear the reference.

Marginal note:Time and place of reference

• 24 (1) The Registrar of the Court, in consultation with the judge appointed to hear the reference, must set the date, time and place for the hearing of the reference.

• Marginal note:Where reference is held

  (2) The hearing of a reference must be held in the city, town or village in which, or nearest to which, the appellant is ordinarily resident unless the appellant consents in writing to the hearing being held, in whole or in part, at some other place or by audioconference or videoconference or a combination of both.

• Marginal note:Notice

  (3) The Registrar of the Court must, by registered mail, notify the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal of the date, place and time set for the hearing of the reference.

Marginal note:Informal procedure

• 25 (1) Proceedings before the Court must be informal and conducted in a summary manner.

• Marginal note:Determination of procedure

  (2) The judge appointed to hear the reference must, subject to the right of all parties or their representatives to be heard, determine the procedure to be followed at the hearing of the reference.

Marginal note:Written submissions

26 The judge appointed to hear the reference may, with the consent of the appellant, require that written submissions be filed by the appellant, the Minister and any person added as a party to the appeal in addition to or in lieu of an oral hearing.

Marginal note:Decision

• 27 (1) The judge appointed to hear the reference must advise the Registrar of the Court of the judge’s decision.

• Marginal note:Certified copy of decision

  (2) After being advised of the decision, the Registrar of the Court must forward a certified copy of the decision to the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal.

Marginal note:Costs and fees

28 No costs may be awarded on the disposition of a reference and no fees may be charged to the appellant by the Court.

Marginal note:Other grounds of appeal

29 If the appellant sets out both a ground of appeal that has been referred to the Court under subsection 66(2) of the Department of Employment and Social Development Act and a ground of appeal that has not been referred to the Court under that subsection, the Social Security Tribunal, on receipt of a certified copy of the decision of the Court, must proceed in accordance with the Social Security Tribunal Rules of Procedure.

Marginal note:Mailing address

30 All notices, requests and other documents must be addressed to the person to whom they are required to be sent, forwarded or mailed at their last known address.

Administrative Errors

Marginal note:Denial of benefit due to administrative error

31 If the Minister is satisfied that, as a result of an administrative error in the administration of the Act or these Regulations, any person has been denied a benefit, or a portion of a benefit, to which that person would have been entitled, the Minister must take any remedial action that the Minister considers appropriate to place the person in the position that they would be in had the administrative error not been made.

Compliance and Enforcement

Marginal note:Inspections

• 32 (1) The Minister may, for any purpose relating to the administration or enforcement of the Act or these Regulations, examine any document that relates or may relate to the entitlement of a person to a benefit or the amount of a benefit.

• Marginal note:Requirement to provide information or documents

  (2) Despite any other provision of the Act or these Regulations, the Minister may, subject to subsection (3), by notice served personally or by confirmed delivery service, require that any person provide any information or document for any purpose relating to the administration or enforcement of the Act or these Regulations within the reasonable time specified in the notice.

• Marginal note:Other persons

  (3) The Minister must obtain the authorization of a judge under subsection (4) before requiring that a person — other than an applicant, a beneficiary or the representative of an applicant or beneficiary who is incapable of managing their own affairs — provide information or documents under subsection (2).

• Marginal note:Judicial authorization

  (4) On an ex parte application by the Minister, a judge may, subject to the conditions that the judge considers appropriate, authorize the Minister to require information or documents under subsection (2) from a person referred to in subsection (3) if the judge is satisfied by information on oath that the information or documents are required to verify compliance by the person with a duty or obligation under the Act or these Regulations.

• Marginal note:Service of authorization

  (5) An authorization granted under subsection (4) must be served together with the notice referred to in subsection (2).

• Marginal note:Review of authorization

  (6) A person on whom an authorization and a notice are served under subsection (5) may, not later than 15 days after the day on which the authorization and notice are served, apply to the judge who granted the authorization under subsection (4) or, if that judge is unable to act, to another judge of the same court for a review of the authorization.

• Marginal note:Powers on review

  (7) On hearing an application under subsection (6), a judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions referred to in subsection (4) have been met, and the judge may confirm or vary the authorization if the judge is satisfied that those conditions have been met.

• Definition of judge

  (8) For the purposes of this section, judge means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court.