Whereas, in the spirit of “Nothing Without Us”, the Government of Canada recognizes the importance, in developing support measures for persons with disabilities, of engaging with the disability community, in accordance with the Accessible Canada Act , which specifies that “persons with disabilities must be involved in the development and design of laws, policies, programs, services and structures”;
And whereas Parliament recognizes the leading role that the provinces and territories play in providing supports and services to persons with disabilities and the importance of engaging with them in developing income supports and other support services;
Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note: Short title
1 This Act may be cited as the Canada Disability Benefit Act .
Marginal note: Definitions
2 The following definitions apply in this Act.
has the same meaning as in section 2 of the Accessible Canada Act . ( handicap )
means the Minister of Employment and Social Development. ( ministre )
Marginal note: Purposes
3 The purposes of this Act are to reduce poverty and to support the financial security of working-age persons with disabilities.
Marginal note: Eligibility
4 A person is eligible for a Canada disability benefit if they meet the eligibility criteria set out in the regulations.
The following provision is not in force.Marginal note: Payment of benefit
5 The Minister must, in accordance with the regulations, pay a Canada disability benefit to a person who is eligible for the benefit, applies or has an application made on their behalf, in accordance with the regulations, and meets any other conditions set out in the regulations.
Marginal note: Obligation to provide information
6 An applicant or the representative of an applicant who is incapable of managing their own affairs must provide the Minister with any information that the Minister may require in respect of the application.
The following provision is not in force.Marginal note: Social Insurance Number
7 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of an applicant.
The following provision is not in force.Marginal note: Agreements
The following provision is not in force.8 (1) In order to carry out the purposes of this Act, the Minister may enter into agreements with any department or agency of the Government of Canada and may, with the approval of the Governor in Council, enter into agreements with any department or agency of a province.
The following provision is not in force.Marginal note: Publication (2) The Minister must make public any agreement entered into under subsection (1).
The following provision is not in force.Marginal note: Payments cannot be charged, etc.
9 A benefit under this Act
The following provision is not in force. (a) is not subject to the operation of any law relating to bankruptcy or insolvency; The following provision is not in force. (b) cannot be assigned, charged, attached or given as security; The following provision is not in force.(c) cannot be retained by way of deduction, set-off or compensation under any Act of Parliament other than this Act; and
The following provision is not in force. The following provision is not in force.Marginal note: Consolidated Revenue Fund
10 All benefits payable under this Act are to be paid out of the Consolidated Revenue Fund.
The following provision is not in force.Marginal note: Appeals
10.1 Subject to regulations, a person, or any other person acting on their behalf, may appeal to a body identified in regulations made under paragraph 11(1)(i) in respect of any decision
The following provision is not in force. (a) relating to the person’s ineligibility for a Canada disability benefit; The following provision is not in force.(b) relating to the amount of a Canada disability benefit that the person has received or will receive; or
The following provision is not in force. (c) prescribed by the regulations.Marginal note: Regulations
The following provision is not in force. The following provision is not in force. (a) respecting the eligibility criteria for a Canada disability benefit; The following provision is not in force.(b) respecting conditions that are to be met in order to receive or to continue to receive a benefit;
The following provision is not in force. (c) respecting the amount of a benefit or the method for determining the amount; The following provision is not in force.(d) requiring a benefit to be indexed to inflation and respecting the manner in which it is to be indexed;
The following provision is not in force. (e) respecting payment periods and the amount to be paid each period; The following provision is not in force.(f) respecting applications for a benefit, including regulations providing for an application process that is without , as defined in section 2 of the Accessible Canada Act ;
The following provision is not in force. (g) respecting the amendment or rescission of decisions made by the Minister; The following provision is not in force. (h) respecting reviews or reconsiderations of decisions made under this Act; The following provision is not in force. (i) respecting appeals; The following provision is not in force.(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;
The following provision is not in force.(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;
The following provision is not in force.(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;
The following provision is not in force. (m) respecting the application of this Act when an applicant or beneficiary dies; The following provision is not in force. (n) authorizing the Minister to correct administrative errors; The following provision is not in force. (o) respecting the identification of debts due to Her Majesty in right of Canada; The following provision is not in force.(p) respecting the recovery of overpayments and debts due to Her Majesty in right of Canada, including limitation or prescription periods;
The following provision is not in force.(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;
The following provision is not in force.(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