GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Children’s Special Allowances Act — C-28.5 9
Return of special allowance 9 (1) Any person, department, agency, institution or Indigenous governing body that has received or obtained by cheque or otherwise payment of a special allowance under this Act to which the person, department, agency, institution or Indigenous governing body is not entitled, or payment in excess of the amount to which the person, department, agency, institution or Indigenous governing body is entitled, shall, as soon as possible, return the cheque or the amount of the payment, or the excess amount, as the case may be. Recovery of amount of payment (2) Where a person, department, agency, institution or Indigenous governing body has received or obtained payment of a special allowance under this Act to which the person, department, agency, institution or Indigenous governing body is not entitled, or payment in excess of the amount to which the person, department, agency, institution or Indigenous governing body is entitled, the amount of the special allowance or the amount of the excess, as the case may be, constitutes a debt due to Her Majesty. Deduction from subsequent special allowance (3) Where any person, department, agency, institution or Indigenous governing body has received or obtained payment of a special allowance under this Act to which the person, department, agency, institution or Indigenous governing body is not entitled, or payment in excess of the amount to which the person, department, agency, institution or Indigenous governing body is entitled, the amount of the special allowance or the amount of the excess, as the case may be, may be deducted and retained in such manner as is prescribed out of any special allowance to which the person, department, agency, institution or Indigenous governing body is or subsequently becomes entitled under this Act. 1992, c. 48, s. 23 (Sch., s. 9) 2022, c. 10, s. 30
Children’s Special Allowances Act — C-28.5 10
Communication of privileged information 10 (1) Except as provided in this section or section 11, all information with respect to any individual obtained by the Minister in the course of the administration of this Act and the regulations or the carrying out of an agreement entered into under section 11 is privileged and no person shall knowingly make available or allow to be made available to any person not legally entitled thereto any such information. Release of information (2) Any information obtained by or on behalf of the Minister in the course of the administration or enforcement of this Act or the regulations or the carrying out of an agreement entered into under section 11 may be communicated (a) to any person if it can reasonably be regarded as necessary for the purposes of the administration or enforcement of this Act, the Income Tax Act , the Canada Disability Savings Act or the Canada Education Savings Act or a program administered under an agreement entered into under section 12 of the Canada Education Savings Act ; and (b) to the Department of Employment and Social Development, to the extent that the communication is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19). Release of information to members of Parliament (2.1) Any information with respect to an individual obtained pursuant to this Act or the regulations may be made available or allowed to be made available to a member of Parliament where such information is necessary to respond to a request made by or on behalf of that individual to the member of Parliament for information in relation to that individual. Evidence and production of documents (3) Notwithstanding any other Act or law, no officer or employee of Her Majesty shall be required, in connection with any legal proceedings, to produce or to give evidence relating to any information that is privileged under subsection (1). Application of subsections (1) and (3) (4) Subsections (1) and (3) do not apply in respect of (a) proceedings relating to the administration or enforcement of this Act; or (b) proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information, under an Act of Parliament, where the disclosure of information is required for the purpose of complying with a subpoena or warrant issued by a court or an order made by a court. Offence (5) Every person who knowingly contravenes this section by communicating or allowing to be communicated to any person privileged information or by allowing any person to inspect or have access to any statement or other writing containing any such information is guilty of an offence punishable on summary conviction. 1992, c. 48, s. 23 (Sch., s. 10); 1995, c. 33, s. 47; 1996, c. 11, ss. 50, 97, 101, c. 16, s. 61; 1998, c. 19, s. 258; 2004, c. 26, s. 18; 2007, c. 35, s. 137 2020, c. 11, s. 8
Children’s Special Allowances Act — C-28.5 11
Agreements for exchange of information 11 The Minister may enter into an agreement with the government of any province, or an Indigenous governing body, for the purpose of obtaining information in connection with the administration or enforcement of this Act or the regulations and of furnishing to that government, or Indigenous governing body, under prescribed conditions, any information obtained by or on behalf of the Minister in the course of the administration or enforcement of this Act or the regulations, if the Minister is satisfied that the information to be furnished to that government, or Indigenous governing body, under the agreement is to be used for the purpose of the administration of a social program, income assistance program or health insurance program in the province or of the Indigenous governing body. 1992, c. 48, s. 23 (Sch., s. 11); 1996, c. 11, s. 97; 1998, c. 19, s. 259 2022, c. 10, s. 31
Children’s Special Allowances Act — C-28.5 12
Commissioners for oaths, etc. 12 (1) Any officer or employee of Her Majesty who is authorized by the Minister for the purpose may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations and every person so authorized has, with respect to any such oath, affidavit, declaration or solemn affirmation, all the powers of a commissioner for taking affidavits. Acceptance of oaths, etc. (2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits. 1992, c. 48, s. 23 (Sch., s. 12); 1995, c. 33, s. 48; 2003, c. 22, s. 148
Children’s Special Allowances Act — C-28.5 13
Regulations 13 The Governor in Council may make regulations (a) providing for the suspension of payment of a special allowance during any investigation respecting the eligibility of a department, agency, institution or Indigenous governing body to receive the special allowance and specifying the circumstances in which payment of a special allowance, the payment of which has been suspended, may be resumed; (b) prescribing the manner of making applications under this Act and the form and manner of giving notices under section 6, the information and evidence to be furnished in connection therewith and the procedure to be followed in dealing with and approving applications; (c) specifying for the purposes of this Act the circumstances in which a child shall be considered to be maintained by a department, agency, institution or Indigenous governing body; and (d) prescribing any matter or thing that by this Act is to be prescribed. 1992, c. 48, s. 23 (Sch., s. 13) 2022, c. 10, s. 32
Children’s Special Allowances Act — C-28.5
(1) Subsection (1) applies after August 27, 1995.
Children’s Special Allowances Act — C-28.5
(2) Subsection (1) applies after August 27, 1995.
Children’s Special Allowances Act — C-28.5
(2) Subsection (1) applies with respect to special allowances payable for months that are after June 1998.
Children’s Special Allowances Act — C-28.5 90
90 (2) Subsection (1) applies in respect of special allowances payable for months that are after June 2003.
Children’s Special Allowances Act — C-28.5 150
Application 150 (2) Paragraph 3(1)(a) of the Act, as amended by subsection (1), applies to special allowances payable for months after December 2011.
Children’s Special Allowances Act — C-28.5 10
Payment out of Consolidated Revenue Fund 10 Any amount payable by the Minister of Employment and Social Development in relation to the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19), including any administrative cost, is to be paid out of the Consolidated Revenue Fund.
Children’s Special Allowances Act — C-28.51
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Children’s Special Allowances Act — C-28.51 23
Children’s special allowances 23 (1) The Children’s Special Allowances Act is enacted as set out in the schedule. (2) Subsection (1) shall come into force on January 1, 1993.
Children’s Special Allowances Act — C-28.51 24
Transitional 24 A department, agency or institution that has applied for a special allowance in respect of a child pursuant to the Family Allowances Act shall be deemed to have applied for the special allowance in respect of the child pursuant to the Children’s Special Allowances Act from and after the day on which the Children’s Special Allowances Act comes into force, and if the special allowance is payable with respect to a period during which the Family Allowances Act was in force, the amount of the special allowance with respect to that period shall, notwithstanding section 8 of the Children’s Special Allowances Act , be the amount that would have been payable under the Family Allowances Act .
Children’s Special Allowances Act — C-28.51 25
Transitional 25 A department, agency or institution that is entitled to apply for a special allowance in respect of a child pursuant to the Family Allowances Act shall be deemed to be entitled to apply for the special allowance in respect of the child pursuant to the Children’s Special Allowances Act from and after the day on which the Children’s Special Allowances Act comes into force, and if the special allowance is payable with respect to a period during which the Family Allowances Act was in force, the amount of the special allowance with respect to that period shall, notwithstanding section 8 of the Children’s Special Allowances Act , be the amount that would have been payable under the Family Allowances Act .
Children’s Special Allowances Act — C-28.51 26
Transitional 26 A department, agency or institution to which a special allowance was payable in respect of a child pursuant to the Family Allowances Act on the day on which that Act is repealed shall be deemed to be a department, agency or institution for which the payment of a special allowance has been approved in respect of the child pursuant to the Children’s Special Allowances Act on the day on which that Act comes into force.
Children’s Special Allowances Act — C-28.51 27
27 Sections 24 to 26 shall come into force on January 1, 1993.
Children’s Special Allowances Act — C-28.51 31
Repeal of R.S., c. F-1 31 (1) The Family Allowances Act is repealed. Payment after 1993 (2) No payment of an amount referred to in subsection 3(1) of the Family Allowances Act shall be made on the basis of a request for payment thereof made after 1993. (3) Subsections (1) and (2) shall come into force on January 1, 1993.
Children of Deceased Veterans Education Assistance Act — C-28 1
Short title 1 This Act may be cited as the Children of Deceased Veterans Education Assistance Act . R.S., 1985, c. C-28, s. 1; 1990, c. 43, s. 43
Children of Deceased Veterans Education Assistance Act — C-28 2
Definitions 2 In this Act, educational institution means a technical or vocational school, a university, college or other school of higher education in Canada, approved by the Minister for the education or instruction of students pursuant to this Act; ( établissement d’enseignement ) Minister means the Minister of Veterans Affairs; ( ministre ) student means (a) a child on whose behalf a pension is being paid under or by virtue of any of the enactments set out in the schedule at a rate set out for a child in Schedule II to the Pension Act , (b) a child on whose behalf payment of a pension was being made under or by virtue of any of the enactments set out in the schedule but was, either before, on or after July 1, 1953, discontinued pursuant to the enactment under or by virtue of which the payment was being made, (c) a child on whose behalf no pension has been paid under or by virtue of any of the enactments set out in the schedule and who is, except for age, eligible for a pension under or by virtue of any of the enactments set out in the schedule at a rate provided for a child in Schedule II to the Pension Act , (d) a child who, but for the operation of section 25 or 26 of the Pension Act , would be included in paragraph (a) of this definition, (e) a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Veterans Well-being Act , if the member or veteran dies (i) of an injury or a disease that was attributable to or was incurred during special duty service or arose out of or was directly connected with service in the Canadian Forces, within the meaning of that Act, or (ii) of an injury or a disease that was aggravated, if the aggravation was attributable to or was incurred during special duty service or arose out of or was directly connected to service in the Canadian Forces, within the meaning of that Act, or (f) a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Veterans Well-being Act , if (i) the member or veteran is deceased, (ii) a disability award or pain and suffering compensation has been granted under that Act in respect of the member or veteran, and (iii) the member’s or veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments under that Act and, if applicable, the Pension Act , is equal to or greater than the lowest extent of disability set out in column 2 of Schedule 3 to the Veterans Well-being Act in respect of a rate of 50%. ( étudiant ) R.S., 1985, c. C-28, s. 2; R.S., 1985, c. 12 (2nd Supp.), s. 1; 1990, c. 43, s. 44; 2003, c. 27, s. 1; 2005, c. 21, s. 99; 2016, c. 7, s. 112; 2017, c. 20, s. 292 2018, c. 12, s. 178
Children of Deceased Veterans Education Assistance Act — C-28
educational institution means a technical or vocational school, a university, college or other school of higher education in Canada, approved by the Minister for the education or instruction of students pursuant to this Act; ( établissement d’enseignement )
Children of Deceased Veterans Education Assistance Act — C-28
Minister means the Minister of Veterans Affairs; ( ministre )
Children of Deceased Veterans Education Assistance Act — C-28 (a)
student means (a) a child on whose behalf a pension is being paid under or by virtue of any of the enactments set out in the schedule at a rate set out for a child in Schedule II to the Pension Act , (b) a child on whose behalf payment of a pension was being made under or by virtue of any of the enactments set out in the schedule but was, either before, on or after July 1, 1953, discontinued pursuant to the enactment under or by virtue of which the payment was being made, (c) a child on whose behalf no pension has been paid under or by virtue of any of the enactments set out in the schedule and who is, except for age, eligible for a pension under or by virtue of any of the enactments set out in the schedule at a rate provided for a child in Schedule II to the Pension Act , (d) a child who, but for the operation of section 25 or 26 of the Pension Act , would be included in paragraph (a) of this definition, (e) a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Veterans Well-being Act , if the member or veteran dies (i) of an injury or a disease that was attributable to or was incurred during special duty service or arose out of or was directly connected with service in the Canadian Forces, within the meaning of that Act, or (ii) of an injury or a disease that was aggravated, if the aggravation was attributable to or was incurred during special duty service or arose out of or was directly connected to service in the Canadian Forces, within the meaning of that Act, or (f) a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Veterans Well-being Act , if (i) the member or veteran is deceased, (ii) a disability award or pain and suffering compensation has been granted under that Act in respect of the member or veteran, and (iii) the member’s or veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments under that Act and, if applicable, the Pension Act , is equal to or greater than the lowest extent of disability set out in column 2 of Schedule 3 to the Veterans Well-being Act in respect of a rate of 50%. ( étudiant )
Children of Deceased Veterans Education Assistance Act — C-28 3
Allowances and costs of instruction 3 The Minister may, in accordance with this Act and the regulations, (a) make allowances to or in respect of students to enable them to continue their education or instruction within an educational institution; and (b) pay in whole or in part the cost of such education or instruction. R.S., 1985, c. C-28, s. 3; R.S., 1985, c. 12 (2nd Supp.), s. 2
Children of Deceased Veterans Education Assistance Act — C-28 4
Amount of allowance 4 (1) The amount of the monthly allowance that may be paid to or in respect of a student during the period in which the student pursues a full-time course of study in an educational institution is the aggregate of (a) $300.00, and (b) if no pension is being paid on behalf of the student under or by virtue of any of the enactments set out in the schedule, an additional amount equal to the monthly rate of pension for one orphan child provided in Schedule II to the Pension Act . Total period covered (2) The total period for which an allowance and costs may be paid to or in respect of a student under this Act shall not exceed four academic years or thirty-six months, whichever is the lesser. Costs (3) The costs of education or instruction that may be paid in respect of a student under this Act shall include such tuition and other fees and costs as may be prescribed by regulation. Minister may extend (4) The Minister may extend the total period for which an allowance and costs may be paid to or in respect of a student under this Act where the Minister is of the opinion that the student’s progress and achievements in his course of study are such that it would be in the interest both of the student and of the public that the payments under section 3 be continued during a further period. R.S., 1985, c. C-28, s. 4; 1990, c. 43, s. 45; 2003, c. 27, s. 3
Children of Deceased Veterans Education Assistance Act — C-28 5
Age limit 5 No allowance or costs shall be paid under this Act in respect of a student who (a) has attained the age of twenty-five years, or (b) where, pursuant to subsection 4(4), the Minister has extended the total period for which an allowance and costs may be paid beyond the year in which the student attains the age of twenty-five years, has attained the age of thirty years, except in so far as may be necessary to enable the student to complete the academic year in which he attains that age. (2) and (3) [Repealed, 1990, c. 43, s. 46] R.S., 1985, c. C-28, s. 5; 1990, c. 43, s. 46
Children of Deceased Veterans Education Assistance Act — C-28 (2) and (3)
(2) and (3) [Repealed, 1990, c. 43, s. 46]
Children of Deceased Veterans Education Assistance Act — C-28 7
Failure to be promoted 7 No allowance or costs shall be paid to or in respect of a student for any education or instruction obtained after the student fails to meet the requirements of an educational institution for promotion to the next succeeding level of the full-time course of study that the student is pursuing at that educational institution, unless (a) the student failed to meet the requirements for promotion, in the opinion of the Minister, for reasons beyond the student’s control, or (b) the student is subsequently, in the opinion of the Minister, promoted to the next succeeding level of that full-time course of study or of another full-time course of study having equivalent levels at that or another educational institution. R.S., 1985, c. C-28, s. 7; 1990, c. 43, s. 48
Children of Deceased Veterans Education Assistance Act — C-28 8
Costs to educational institution 8 The Minister may, in accordance with the regulations, pay to the educational institution in which any student receiving assistance under this Act is taking his course of education or instruction any of the costs of the course that are payable to the educational institution. R.S., c. C-18, s. 8
Children of Deceased Veterans Education Assistance Act — C-28 9
Annual adjustment 9 (1) Where any allowance has become payable under this Act, the basic monthly amount of that allowance shall be adjusted annually, in such manner as may be prescribed by the Governor in Council, so that the amount payable for a month in any following year is an amount equal to the product obtained by multiplying (a) the amount that would have been payable for that month if no adjustment had been made under this section with respect to that following year, by (b) the ratio that the Consumer Price Index for the twelve month period ending on the thirty-first day of October immediately before that following year bears to the Consumer Price Index for the twelve month period immediately before that twelve month period. Meaning of certain references (2) In this section and section 11, (a) a reference to the Consumer Price Index for any twelve month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , for each month in that twelve month period; and (b) a reference to the basic monthly amount of any allowance shall be construed as a reference to the amount of that allowance, expressed in terms of a monthly amount and calculated without regard to the provisions of this section. R.S., 1985, c. C-28, s. 9; 1990, c. 43, s. 49
Children of Deceased Veterans Education Assistance Act — C-28 10
Limitation 10 Notwithstanding anything in section 9, the amount of any allowance that may be paid to a person for a month in any calendar year shall not, by reason only of that section, be less than the amount of the allowance that was or may be paid to that person for any month in the immediately preceding calendar year. 1972, c. 12, s. 7
Children of Deceased Veterans Education Assistance Act — C-28 11
Where basis of Consumer Price Index changed 11 Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index for any twelve month period that is used for the purpose of calculating the amount of any allowance that may be paid. 1972, c. 12, s. 7