Canada Disability Benefit Regulations (SOR/2025-35)

Marginal note:Copies as evidence

33 When a document is examined or provided under the Act or these Regulations, the person by whom it is examined or to whom it is provided may make or cause to be made one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.

Marginal note:Obligation to appear

34 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with the Act or these Regulations, require an applicant, a beneficiary or the representative of an applicant or beneficiary who is incapable of managing their own affairs to be at a suitable place — or to be available by audioconference or videoconference or in any other suitable manner — at a suitable time in order to provide any information or document related to their application that the Minister may require.

Administrative Monetary Penalties

Marginal note:Violations

• 35 (1) A person commits a violation if they

  • (a) knowingly make, in relation to an application for a benefit under the Act, a representation that is false or misleading; or

  • (b) make an application for, and receive, a benefit under the Act knowing that they are not eligible to receive it.

• Marginal note:Penalty

  (2) Subject to subsection (7), the Minister may impose a penalty on a person if the Minister is of the opinion, based on documents or information collected or obtained by the Minister, that the person has committed a violation.

• Marginal note:Amount of penalty

  (3) The penalty that the Minister may issue is

  • (a) for a first violation, 15 per cent of the amount calculated by multiplying by 12 the monthly amount of the benefit payable to a beneficiary during the payment period in which the violation was committed, calculated in accordance with section 6 without any reduction based on income; and

  • (b) for each subsequent violation, 50 per cent of the amount calculated by multiplying by 12 the monthly amount of the benefit payable to a beneficiary during the payment period in which the violation was committed, calculated in accordance with section 6 without any reduction based on income.

• Marginal note:Presumption — first violation

  (4) For the purposes of subsection (3), if no penalty was imposed on a person under this section in the 10 years preceding the day on which a violation occurred, the violation is deemed to be a first violation.

• Marginal note: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, or the person on whose behalf they made an application for a benefit, were eligible to receive the benefit, as the case may be.

• Marginal note:Limitation

  (6) A penalty must not be imposed on a person in respect of an act referred to in subsection (1) if

  • (a) a prosecution for the act has been initiated against the person; or

  • (b) five years have passed since the day on which the Minister became aware of the act.

• Marginal note:Rescission of penalty

  (7) The Minister may rescind a penalty imposed under subsection (2)

  • (a) on the presentation of new facts; or

  • (b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.

Offences

Marginal note:Offences

• 36 (1) A person is guilty of an offence punishable on summary conviction if they

  • (a) knowingly use false identity information or another person’s information for the purpose of obtaining a benefit for themselves;

  • (b) counsel a person to apply for a benefit with the intent to steal all or a substantial part of it; or

  • (c) knowingly make false or misleading representations in relation to an application for a benefit.

• Marginal note:Saving

  (2) No proceeding may be commenced under this section or the Criminal Code for an act if a penalty for that act has been imposed under section 35.

Debts and Overpayments

Marginal note:Return of benefit

• 37 (1) A person or agency that has received a benefit payment to which the person or agency is not entitled, or that has received a benefit payment in excess of the amount of the benefit to which the person or agency is entitled, must return the amount of the erroneous payment or the overpayment, as the case may be, as soon as feasible.

• Marginal note:Debt due to His Majesty

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

• Marginal note:Payment in instalments

  (3) A debt recoverable from a person under this section may be paid as a single payment or, if the Minister agrees, in instalments in any amount that does not cause undue hardship to the person.

• Marginal note:No interest

  (4) No interest is payable on any amount owing to His Majesty in right of Canada under the Act or these Regulations that results from an erroneous payment or overpayment unless the payment was made as a result of a violation for which a penalty was imposed under section 35 or as a result of an offence under subsection 36(1) for which a fine or a term of imprisonment was imposed under the Criminal Code.

Marginal note:Recovery of penalties

38 A penalty imposed under section 35 constitutes a debt due to His Majesty in right of Canada, as of the day on which it was imposed, that may be recovered by the Minister.

Marginal note:Limitation period or prescription

• 39 (1) Subject to subsections (2) and (3), no action or proceedings may be taken to recover money owing under the Act or these Regulations after the end of the six-year limitation period or prescription that begins on the day on which the money becomes due and payable.

• Marginal note:Limitation period or prescription suspended

  (2) The running of a limitation period or prescription is suspended during any period in which

  • (a) it is prohibited to commence or continue an action or other proceedings against the debtor to recover money owing under the Act or these Regulations; or

  • (b) a review of a decision establishing liability in respect of money owing under the Act or these Regulations is pending.

• Marginal note:Enforcement proceedings

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

Marginal note:Certificates

• 40 (1) All or part of the debt that has not been recovered may be certified by the Minister

  • (a) without delay, if, in the Minister’s opinion, the debtor is attempting to avoid payment; and

  • (b) 30 days after the day on which the default occurred, in any other case.

• Marginal note:Registration of certificate

  (2) On production to the Federal Court, the certificate must be registered in the Court. When it is registered, it has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate.

• Marginal note:Judgment

  (3) A certificate registered under subsection (2) may also be registered in the superior court of a province as if it were a document evidencing a judgment of that court.

• Marginal note:Costs

  (4) All reasonable costs and charges for the registration of the certificate are recoverable in the same way as if they had been certified and the certificate registered under this section.

• Marginal note:Charge

  (5) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2) or (3) may be recorded for the purpose of creating security, or a charge, lien or priority on, or a binding interest in, property in a province, or any interest in, or for civil law any right in, such property held by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create security, or a charge, lien or priority on, or a binding interest in, property in a province, or any interest in, or for civil law any right in, such property held by the person.

• Marginal note:Garnishment

  (6) If the Minister knows or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment to His Majesty in right of Canada under the Act or these Regulations, the Minister may, by notice served personally or by confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person’s liability.

• Marginal note:Debt due to His Majesty

  (7) An amount not paid as required by a notice under subsection (6) is a debt due to His Majesty in right of Canada.

Consequential Amendment to the Social Security Tribunal Regulations, 2022 – Department of Employment and Social Development Act

41 [Amendments]

Coming into Force

Marginal note:May 15, 2025

42 These Regulations come into force on May 15, 2025.