Bill C-41

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

R.S., c. 12 (2nd Supp.), s. 11; 2000, c. 12, ss. 326 (F), 327 (E)	71. (1) Subparagraph 7(1)(a.1)(iii) of the Act is replaced by the following:
	(iii) section 22 of the Corrections and Conditional Release Act, and
1998, c. 21, s. 122(2)	(2) Subsection 7(2) of the Act is replaced by the following:
If change to other Acts	(2) Despite subsection (1), if it appears to the Governor in Council that any amendment to the Income Tax Act or the regulations made under that Act, or to the Old Age Security Act, would result in a significant change in the amount of any allowance payable in respect of any class of persons under this Act, the Governor in Council may make orders to alleviate the effect of the change by deeming, for the purposes of this Act, revenue specified in the orders, or a part of that revenue, to be or not to be, as the case may require, income of a person referred to in subsection (1).
1990, s. 43, s. 35; 1998, c. 21, s. 123(2), paras. 124(c), (d); 2000, c. 12, par. 325(c)	72. Subsections 8.1(1.1) to (4) of the Act are replaced by the following:
Option to file statement of estimated income	(2) If there is an ongoing decrease in the income of an applicant, a recipient or, when applicable, the spouse or common-law partner of an applicant or a recipient, beginning in any month in the period between the beginning of the base calendar year and the end of the current payment period, the applicant or recipient may file with the Minister, in addition to any statement required under subsection (1) or 27(1), a statement of the estimated monthly income of the applicant or recipient and, when applicable, of the spouse or common-law partner of the applicant or recipient.
Effect on amount of monthly allowance	(3) The monthly allowance payable to the applicant or recipient referred to in subsection (2) for the month in which the decrease in income began, and for any subsequent month in the previous and current payment periods, shall be based on the estimated monthly income if
	(a) the estimated monthly income
	is less than
	(b) one twelfth of the income for the base calendar year applicable to that month
	by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1).
Continuation of allowance based on estimated income	(4) If a recipient's monthly allowance for the last month of the previous payment period was based on estimated monthly income, the monthly allowance payable for the current payment period may be based on the same estimated monthly income if
	(a) that estimated monthly income
	continues to be less than
	(b) one twelfth of the income for the base calendar year applicable to the current payment period
	by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1).
If ongoing increase in income occurs	(5) Each time that a recipient whose allowance is based on estimated monthly income experiences an ongoing increase in income or, when applicable, in the income of their spouse or common-law partner,
	(a) the recipient shall without delay notify the Minister of the increase; and
	(b) the calculation of the recipient's monthly allowance for the month in which the increase began, and for subsequent months in the current payment period, shall be based on that increase.
	73. The heading before section 17 of the Act is replaced by the following:
	PROTECTION OF ALLOWANCE
	74. Subsection 17(1) of the Act is replaced by the following:
No assignment, seizure, etc.	17. (1) Except as provided in this Act, no allowance is subject to
	(a) assignment, alienation or transfer by the recipient; or
	(b) seizure or execution, either at law or in equity.
R.S., c. 7 (1st Supp.), s. 6(1)	75. (1) Subsection 18(1) of the Act is replaced by the following:
Definition of ``overpaymen t''	18. (1) In this section, ``overpayment'', in relation to any period, means
	(a) an allowance payment that was paid to a person in respect of that period and to which the person had no entitlement; or
	(b) if an allowance payment was paid to a person in respect of that period that was in excess of the amount of the allowance payment to which the person was entitled, the amount of that excess.
Recovery of overpayments	(1.01) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person's estate or succession, and
	(a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person's estate or succession;
	(b) may be recovered in accordance with section 155 of the Financial Administration Act; and
	(c) may be recovered in any court of competent jurisdiction.
R.S., c. 7 (1st Supp.), s. 6(1); 1998, c. 21, par. 124(e)	(2) Paragraph 18(1.1)(a) of the Act is replaced by the following:
	(a) if the actual income exceeds the shown income, any amount by which the allowance paid to the recipient for months in that payment period exceeds the allowance that would have been paid to the recipient for those months if the shown income had been equal to the actual income shall be considered an overpayment; or
R.S., c. 7 (1st Supp.), s. 6(1)	(3) Subsection 18(1.2) of the Act is repealed.
R.S., c. 7 (1st Supp.), s. 6(2)	(4) Subsection 18(2) of the Act is replaced by the following:
Remission of overpayments	(2) If a person has received or obtained an overpayment and the Minister is satisfied that
	(a) the overpayment cannot be recovered within the reasonably foreseeable future,
	(b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,
	(c) repayment of the overpayment would cause undue hardship to the person, or
	(d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant,
	the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.
Recovery from survivor or orphan	(3) Where a survivor or orphan of a deceased veteran retains any amount of the veteran's allowance paid after the last day of the month in which the veteran died, that amount may be deducted from any allowance granted to the survivor or orphan.
	76. The heading before section 19 of the Act is replaced by the following:
	QUARTERLY ADJUSTMENT OF ALLOWANCES
	77. Subsection 20(1) of the Act is repealed.
	78. Subsections 22(2) and (3) of the Act are repealed.
	79. Section 23 of the Act and the heading before it are repealed.
R.S., c. 20 (3rd Supp.), s. 32(1)	80. (1) The portion of section 25 of the Act before paragraph (a.1) is replaced by the following:
Regulations	25. The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations
	(a) prescribing the manner of making applications for allowances and the information and evidence to be furnished in connection with such applications;
2000, c. 12, ss. 326 (F), 327 (E)	(2) Paragraph 25(c) of the Act is replaced by the following:
	(c) prescribing circumstances in which an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together for the purposes of subsection 4(8);
1990, c. 43, s. 37(1)	(3) Paragraphs 25(e) and (e.1) of the Act are replaced by the following:
	(e.1) prescribing the amount, or prescribing the method of determining the amount, for the purposes of subsection 8.1(3) or (4);
R.S., c. 7 (1st Supp.), s. 7(5)	(4) Paragraph 25(i) of the Act is repealed.
	(5) Paragraph 25(m) of the Act is repealed.
R.S., c. 20 (3rd Supp.), s. 33	81. The heading before section 29 of the Act is repealed.
	82. Section 29 of the Act is renumbered as subsection 29(1) and is amended by adding the following:
Taking oaths, etc.	(2) Any officer or employee of the Department authorized by the Minister 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 for the purpose of the administration of this Act or the regulations, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for taking affidavits.
Acceptance of oaths, etc.	(3) The Minister may accept, for the purpose of the administration of this Act or the regulations, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any officer or employee of
	(a) a department or other portion of the public service of Canada specified in Schedule I to the Public Service Staff Relations Act, or
	(b) a department of the government of a province
	who has all the powers of a commissioner for taking affidavits.
	83. The Act is amended by adding the following before section 30:
	EXCHANGE OF INFORMATION
R.S., c. 37 (3rd Supp.), s. 19; 1996, c. 11, par. 97(1)(g)	84. Subsection 30(2) of the Act is replaced by the following:
Information that shall be made available to Minister	(1.1) The following personal information relating to a veteran shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the veteran's service in order to determine eligibility for an allowance under this Act or for a benefit under any enactment incorporating this Act by reference:
	(a) personal information collected or obtained by the Department of National Defence in the administration of the National Defence Act or the Queen's Regulations and Orders for the Canadian Forces, or any predecessor enactment relating to the same subject-matter;
	(b) personal information collected or obtained by the Department of Transport in the administration of the Canada Shipping Act, or any predecessor enactment relating to the same subject-matter; and
	(c) personal information collected or obtained by the National Archives of Canada in the administration of the National Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.
Information that Minister may disclose	(2) Personal information that has been collected or obtained by the Minister in the administration of this Act, or any enactment incorporating this Act by reference, may be disclosed by the Minister
	(a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain from that person or body information that the Minister requires for the administration of this Act or any other enactment administered by the Minister;
	(b) to any officer or employee of the Department, to the extent that the disclosure is required for the administration of this Act or any other enactment administered by the Minister;
	(c) to the Department of Human Resources Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan; and
	(d) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act.
	85. Subsection 32(1) of the Act is replaced by the following:
Review by departmental official	32. (1) Where an applicant for an allowance or a recipient is dissatisfied with any adjudication affecting him or her, other than an adjudication under section 18 or on an appeal under subsection (2) of this section, he or she may, in accordance with the regulations, apply to an officer or employee of the Department designated by the Minister for the purpose for a review of the adjudication.
	86. Section 34 of the Act is amended by adding the following after subsection (1):
Income information	(1.1) Subject to section 7, the Minister may, in determining whether an allowance is payable and the amount of the allowance, consider any statement or estimate of income respecting the recipient or their spouse or common-law partner that is being used for the purpose of the Old Age Security Act or the Income Tax Act.
	87. The Act is amended by adding the following after section 34:
Forms	34.1 Every application, statement, notification, consent or report required or permitted by this Act, or by any enactment incorporating this Act by reference, must be made or given in the form required by the Minister.
Combining information	34.2 The Minister may combine in any single document, and in any electronic form, the collection of personal information required for the purposes of this Act and other enactments administered by the Minister.
	88. The Act is amended by adding the following after section 36:
Disclosure in legal proceedings	36.1 Notwithstanding any other Act or law, no member of the public service of Canada shall be required to disclose personal information that has been collected or obtained for the purpose of this Act, or any enactment incorporating this Act by reference, in any legal proceedings except
	(a) criminal proceedings; or
	(b) proceedings on a review, appeal, reconsideration or judicial review relating to an application made under this Act or any enactment incorporating this Act by reference.
	89. (1) Paragraph 37(3)(a) of the Act is replaced by the following:

Bill C-41

PROTECTION OF ALLOWANCE

QUARTERLY ADJUSTMENT OF ALLOWANCES

EXCHANGE OF INFORMATION