GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Recovery Benefits Act — C-10.10 8
Amount of payment 8 (1) Subject to subsection (2), the amount of a Canada recovery benefit for a week is (a) in respect of a person who applies or has applied under section 4 for any two-week period beginning before July 18, 2021, $500 for a maximum of 42 weeks and $300 for every subsequent week; and (b) in respect of a person who has never applied under section 4 for any two-week period beginning before July 18, 2021, $300 for a week beginning on or after that date. Exception (1.1) Despite subsection (1), if a person referred to in paragraph (1)(b) subsequently applies under section 4 for any two-week period beginning before July 18, 2021, the person is deemed to be a person referred to in paragraph (1)(a) except for every two-week period for which the person was paid $300 for each week. Repayment (2) If a person who has received a Canada recovery benefit or the benefit referred to in section 9.1 has income of more than $38,000 for 2020 or for 2021, the person must repay an amount equal to 50 cents for every dollar of income earned in that year above $38,000 of income, up to the total amount of those benefits received by them in the year, which total amount is calculated without taking into account any erroneous payment or overpayment, and that amount constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the balance-due day , as defined in subsection 248(1) of the Income Tax Act , for the year. Definition of income (3) In subsection (2), income , in respect of a person, means the amount that would be their income for 2020 or for 2021, determined under Part I of the Income Tax Act if no amount were (a) included in respect of amounts paid as benefits under this Part; (b) deductible under paragraphs 20(1)(ww) and 60(v.1), (v.2), (w), (y) and (z) of that Act; (c) included in respect of a gain from a disposition of property to which section 79 of that Act applies; or (d) included under paragraph 56(1)(q.1) or subsection 56(6) of that Act. Application of Income Tax Act provisions (4) Sections 150, 150.1, 151, 152, 158 to 160.1, 161 and 161.3 to 167, Division J of Part I and sections 220 to 226, subsection 227(10), sections 239, 243 and 244 and subsections 248(7) and (11) of the Income Tax Act apply to subsection (2) with any modifications that the circumstances require, except that, in the application of those provisions, (a) “Act” is to be read as “subsection 8(2) of the Canada Recovery Benefits Act ”; (b) “taxpayer” is to be read as “person”; (c) “tax” and “taxes” are to be read as “amount to be repaid under subsection 8(2) of the Canada Recovery Benefits Act ”; and (d) “under this Part” is to be read as “under subsection 8(2) of the Canada Recovery Benefits Act ”. 2020, c. 12, s. 2 “8” 2021, c. 23, s. 290
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Maximum number of two-week periods 9 (1) The maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is 25 or, if another number of two-week periods is fixed by regulation, that number of two-week periods, minus one for every two weeks for which regular benefits , as defined in subsection 2(1) of the Employment Insurance Act , were received by the person during the period beginning on September 27, 2020 and ending on October 23, 2021 in respect of benefit periods , as defined in subsection 2(1) of that Act, that were established on or after September 27, 2020. Regulations (2) The Governor in Council may, by regulation, fix a number of two-week periods for the purpose of subsection (1). Exception (3) Despite subsection (1), the maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is, for each time the person is not entitled to the benefit by reason of subparagraph 3 (1)(k)(ii) or (l)(ii), the maximum number that it otherwise would be under subsection (1) and this subsection less the number five. 2020, c. 12, s. 2 “9” 2021, c. 23, s. 291 SOR/2021-204, s. 1
Canada Recovery Benefits Act — C-10.10 9.1
Employment insurance benefits during two-week period 9.1 Despite sections 3, 7 and 8, if a person who makes an application under section 4 is not eligible for a Canada recovery benefit for any two-week period by reason only that the person was paid regular benefits , as defined in subsection 2(1) of the Employment Insurance Act , for the maximum number of weeks for which those benefits may be paid in the person’s benefit period under Part I of that Act, or the person was paid regular benefits and special benefits , as defined in subsection 2(1) of that Act, for the maximum number of weeks for which both those benefits may be paid in the person’s benefit period under Part I of that Act, and the last week for which they were paid those benefits under that Act is the first week of the two-week period, the Minister may pay a benefit of $300 to the person for the two-week period. 2021, c. 23, s. 292
Canada Recovery Benefits Act — C-10.10 10
al practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or (ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves. Income from self-employment (2) For the purpose of paragraphs (1)(d) to (e.1), income from self-employment is revenue from the self-employment less expenses incurred to earn that revenue. 2020, c. 12, s. 2 “10” 2021, c. 3, s. 6 2021, c. 26, s. 9 SOR/2021-204, s. 1 SOR/2021-219, s. 1
Canada Recovery Benefits Act — C-10.10 11
Application 11 (1) A person may, in the form and manner established by the Minister, apply for a Canada recovery sickness benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022. Limitation (2) No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates. However, an application in relation to any week that begins after November 20, 2021 and ends before the day on which this subsection comes into force may be made within 60 days after the end of the week during which this subsection comes into force. 2020, c. 12, s. 2 “11” 2021, c. 26, s. 10 SOR/2021-204, s. 1 SOR/2021-219, s. 1
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Attestation 12 (1) Subject to subsections (2) and (3), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 10(1)(a) to (i). Exception — paragraphs 10(1)(d) to (e.1) (2) A person is not required to attest to their income under paragraphs 10(1)(d) to (e.1) if they have previously received any benefit under this Act and they attest to that fact. Exception — paragraph 10(1)(i) (3) A person is not required to attest that they meet the eligibility condition referred to in paragraph 10(1)(i) if their application is made before January 11, 2021. 2020, c. 12, s. 2 “12” 2021, c. 3, s. 7 2021, c. 26, s. 11
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Obligation to provide information 13 An applicant must provide the Minister with any information that the Minister may require in respect of the application.
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Payment of benefit 14 The Minister must pay a Canada recovery sickness benefit to a person who makes an application under section 11 and who is eligible for the benefit.
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Amount of payment 15 The amount of a Canada recovery sickness benefit for a week is $500.
Canada Recovery Benefits Act — C-10.10 16
Maximum number of weeks 16 (1) The maximum number of weeks in respect of which a Canada recovery sickness benefit is payable to a person is six or, if another maximum number of weeks is fixed by regulation, that maximum number. Regulations (2) The Governor in Council may, by regulation, fix a maximum number of weeks for the purpose of subsection (1). 2020, c. 12, s. 2 “16” 2021, c. 26, s. 12
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mber at their place of residence were not available for reasons related to COVID-19; (g) no income referred to in any of the following subparagraphs was paid or was payable to the person in respect of the week: (i) benefits , as defined in subsection 2(1) of the Employment Insurance Act , (ii) allowances, money or other benefits paid to the person under a provincial plan because of pregnancy or in respect of the care by the person of one or more of their new-born children or one or more children placed with them for the purpose of adoption, (iii) a Canada recovery benefit or a Canada recovery sickness benefit, (iii.1) a lockdown benefit , as defined in section 2 of the Canada Worker Lockdown Benefit Act , and (iv) any other income that is prescribed by regulation; (h) they have not, in respect of the week, been granted paid leave or been paid under a plan that provides for payment for the care or support of another person; and (i) they were not, at any time during the week, required to quarantine or isolate themselves under any order made under the Quarantine Act as a result of entering into Canada or (i) if they were required to do so at any time during the week, the only reason for their having been outside Canada was to (A) receive a medical treatment that has been certified by a medical practitioner to be necessary, or (B) accompany a person who has been certified by a medical practitioner to be incapable of travelling without the assistance of an attendant and whose only reason for having been outside Canada was to receive a medical treatment that has been certified by a medical practitioner to be necessary, or (ii) if, as a result of entering into Canada, they were required to isolate themselves under such an order at any time during the week, they are a person to whom the requirement to quarantine themselves under the order would not have applied had they not been required to isolate themselves. Income from self-employment (2) For the purpose of paragraphs (1)(d) to (e.1), income from self-employment is revenue from the self-employment less expenses incurred to earn that revenue. Definition of family member (3) In subsection (1), family member , in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative. 2020, c. 12, s. 2 “17” 2021, c. 3, s. 8 2021, c. 26, s. 13 SOR/2021-204, s. 1 SOR/2021-219, s. 1
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Application 18 (1) A person may, in the form and manner established by the Minister, apply for a Canada recovery caregiving benefit for any week falling within the period beginning on September 27, 2020 and ending on May 7, 2022. Limitation (2) No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates. However, an application in relation to any week that begins after November 20, 2021 and ends before the day on which this subsection comes into force may be made within 60 days after the end of the week during which this subsection comes into force. 2020, c. 12, s. 2 “18” 2021, c. 26, s. 14 SOR/2021-204, s. 1 SOR/2021-219, s. 1
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Attestation 19 (1) Subject to subsections (2) and (3), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 17(1)(a) to (i). Exception — paragraphs 17(1)(d) to (e.1) (2) A person is not required to attest to their income under paragraphs 17(1)(d) to (e.1) if they have previously received any benefit under this Act and they attest to that fact. Exception — paragraph 17(1)(i) (3) A person is not required to attest that they meet the eligibility condition referred to in paragraph 17(1)(i) if their application is made before January 11, 2021. 2020, c. 12, s. 2 “19” 2021, c. 3, s. 9 2021, c. 26, s. 15
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Obligation to provide information 20 An applicant must provide the Minister with any information that the Minister may require in respect of the application.
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Payment of benefit 21 The Minister must pay a Canada recovery caregiving benefit to a person who makes an application under section 18 and who is eligible for the benefit.
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Amount of payment 22 The amount of a Canada recovery caregiving benefit for a week is $500.
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Maximum number of weeks for a person 23 (1) Subject to subsection (2), the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to a person is 44 or, if another maximum number of weeks is fixed by regulation, that maximum number. Maximum number of weeks for household members (2) The maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to all of the persons residing in the same household is 44 or, if another maximum number of weeks is fixed by regulation for the purpose of subsection (1), that maximum number. One member per week (3) If two or more persons reside in the same household, only one of them may be paid a Canada recovery caregiving benefit for any particular week. Regulations (4) The Governor in Council may, by regulation, fix a maximum number of weeks for the purpose of subsection (1). 2020, c. 12, s. 2 “23” 2021, c. 23, s. 293 2021, c. 26, s. 16
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Regulations 24 The Governor in Council may, by regulation, prescribe (a) any other source of income for the purposes of subparagraphs 3 (1)(d)(v), 10 (1)(d)(v) and 17 (1)(d)(v); and (b) any other income for the purposes of subparagraphs 3 (1)(h)(iii), 10 (1)(g)(iv) and 17 (1)(g)(iv).
Canada Recovery Benefits Act — C-10.10 24.1
Replacement of May 7, 2022 24.1 The Governor in Council may, by regulation, on the recommendation of the Minister, amend any of the following provisions to replace the date of May 7, 2022 by a date not later than July 2, 2022 and, if any of the following provisions was amended by such a regulation, to amend the provision again by replacing the date set out in it as a result of the previous regulation by a date not later than July 2, 2022: (a) subsection 10(1); (b) subsection 11(1); (c) subsection 17(1); and (d) subsection 18(1). 2021, c. 23, s. 294 2021, c. 26, s. 17
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Social Insurance Number 25 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 for a benefit under this Act.
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Provision of information and documents 26 (1) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by a notice served personally or by a confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice. Obligation to appear (2) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, require a person who is applying for a benefit under this Act, or who has received a benefit under this Act, 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 any document about their application for the benefit that the Minister may require in respect of the application. Entitlement to benefits (3) A person who fails to fulfil or comply with a requirement under subsection (1) or (2) is not eligible for a benefit under this Act in respect of the period to which the application relates.
Canada Recovery Benefits Act — C-10.10 26.1
Minister of Health 26.1 The Minister of Health may assist the Minister in verifying whether a person meets the eligibility condition referred to in paragraph 3(1)(m), 10(1)(i) or 17(1)(i) and may, for that purpose, disclose to the Minister personal information obtained under the Quarantine Act in respect of any person who is required to quarantine or isolate themselves under any order made under that Act as a result of entering into Canada, including (a) their name and date of birth; (b) the date they entered into Canada; and (c) the date of the last day on which they are or were required to quarantine or isolate themselves under the order. 2021, c. 3, s. 10
Canada Recovery Benefits Act — C-10.10 27
Payments cannot be charged, etc. 27 A benefit under this Act (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 .
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Return of erroneous payment or overpayment 28 (1) If the Minister determines that a person has received a benefit under this Act to which they are not entitled, or an amount in excess of the amount of a benefit under this Act to which they are entitled, the person must repay the amount of the payment or the excess amount, as the case may be, as soon as is feasible. Recovery as a debt to Her Majesty (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty as of the day on which the amount was paid and the debt is payable and may be recovered by the Minister as of the day the Minister determined the amount of the erroneous payment or overpayment.
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Garnishment — financial institution 29 (1) The Minister may, by a notice served personally or by a confirmed delivery service, order a financial institution , as defined in section 2 of the Bank Act , that holds or maintains a deposit account for a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the deposit account all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty. Garnishment — employer (2) The Minister may, by a notice served personally or by a confirmed delivery service, order the employer of a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the remuneration that would be otherwise payable by the employer to the person all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty. Debt to Her Majesty (3) An amount not paid as required by a notice under subsection (1) or (2) is (a) if a day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day specified in the notice and the debt is payable and may be recovered by the Minister as of the day after the day specified in the notice; or (b) if no day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day the notice is served and the debt is payable and may be recovered by the Minister as of the day after the day the notice is served. Discharge of liability (4) The receipt of the Receiver General of money paid as required under subsection (1) or (2) is a good and sufficient discharge of the original liability of the person to the extent of the payment.
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Reconsideration of application 30 (1) Subject to subsection (5), the Minister may reconsider an application for benefits under this Act within 36 months after the benefits have been paid. Decision (2) If the Minister decides that a person has received money by way of benefits under this Act to which they were not entitled, or has not received money to which they were entitled, the Minister must calculate the amount of the money and notify the person of the Minister’s decision. Amount repayable (3) Section 28 applies if the Minister decides that a person has received money by way of benefits to which they were not entitled. Amount payable (4) If the Minister decides that a person was entitled to receive money by way of benefits under this Act, and the money was not paid, the amount calculated under subsection (2) is payable to the person. Extended time to reconsider claim (5) If, in the opinion of the Minister, a false or misleading statement or representation has been made in connection with an application for benefits under this Act, the Minister has 72 months within which to reconsider the application.
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Request for review 31 (1) A person who is the subject of a decision of the Minister made under this Act may make a request, in the form and manner established by the Minister, to the Minister for a review of that decision at any time within 30 days after the day on which they are notified of the decision or any further time that the Minister may allow. Clarification (2) For the purpose of this section, a decision of the Minister includes the issuance of an order under subsection 29 (1) or (2) and the person to whom the order is served and the person who would not be paid an amount as the result of the issuance of the order are each deemed to be a person who is the subject of a decision of the Minister. Review (3) The Minister must review the decision if a request for its review is made under subsection (1). On completion of the review, the Minister must confirm, vary or rescind the decision. Notification (4) The Minister must notify the person who made the request of the Minister’s decision under subsection (3).
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Certificate of default 32 The amount of any debt due to Her Majesty under this Act 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.