Canada Disability Benefit Act — C-3.45 11
Regulations 11 (1) The Governor in Council may make regulations (a) respecting the eligibility criteria for a Canada disability benefit; (b) respecting conditions that are to be met in order to receive or to continue to receive a benefit; (c) respecting the amount of a benefit or the method for determining the amount; (d) requiring a benefit to be indexed to inflation and respecting the manner in which it is to be indexed; (e) respecting payment periods and the amount to be paid each period; (f) respecting applications for a benefit, including regulations providing for an application process that is without barriers , as defined in section 2 of the Accessible Canada Act ; (g) respecting the amendment or rescission of decisions made by the Minister; (h) respecting reviews or reconsiderations of decisions made under this Act; (i) respecting appeals; (j) respecting the circumstances in which retroactive payments may be made to persons who do not apply in the time specified in the regulations but are otherwise eligible; (k) respecting applications made on behalf of persons who are incapable of managing their own affairs, payments to those persons and reviews, reconsiderations or appeals commenced on their behalf; (l) respecting the circumstances in which the Minister may deem an applicant or beneficiary to be dead and may determine their date of death if the applicant or beneficiary has disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the applicant or beneficiary is dead; (m) respecting the application of this Act when an applicant or beneficiary dies; (n) authorizing the Minister to correct administrative errors; (o) respecting the identification of debts due to Her Majesty in right of Canada; (p) respecting the recovery of overpayments and debts due to Her Majesty in right of Canada, including limitation or prescription periods; (q) establishing offences punishable on summary conviction for the commission of any of the following acts and setting fines or terms of imprisonment or both for such offences: (i) knowingly using false identity information or another person’s identity information for the purpose of obtaining a benefit for themselves, (ii) counselling a person to apply for a benefit with intent to steal all or a substantial part of it, (iii) knowingly making false or misleading representations in relation to an application; (r) establishing a system of administrative monetary penalties applicable to the commission of either or both of the following acts and setting the amounts of those penalties: (i) knowingly making false or misleading representations in relation to an application, (ii) making an application for, and receiving, a benefit while knowingly not being eligible to receive it; (s) adapting section 44.2 of the Old Age Security Act for the purpose of applying that section as adapted to the verification of compliance or the prevention of non-compliance with this Act and to the use of copies as evidence; (t) authorizing the Minister, for any purpose related to verifying compliance or preventing non-compliance with this Act, to 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 any document that the Minister may require in respect of the application; and (u) generally, for carrying out the purposes and provisions of this Act. Amount of benefit (1.1) In making regulations under paragraph (1)(c) respecting the amount of a benefit, the Governor in Council must take into consideration (a) the Official Poverty Line as defined in section 2 of the Poverty Reduction Act ; (b) the additional costs associated with living with a disability; (c) the challenges faced by those living with a disabilit