Canada Worker Lockdown Benefit Act (S.C. 2021, c. 26, s. 5)

Marginal note:Minister of Health

14 The Minister of Health may assist the Minister in verifying whether a person meets the eligibility condition referred to in paragraph 4(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 on which 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.

Marginal note:Payments cannot be charged, etc.

15 A lockdown benefit

• (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.

Marginal note:Return of erroneous payment or overpayment

• 16 (1) If the Minister determines that a person has received a lockdown benefit to which they are not entitled, or an amount in excess of the amount of such a benefit 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 feasible.

• Marginal note: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.

Marginal note:Garnishment — financial institution

• 17 (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.

• Marginal note: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.

• Marginal note: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 on which the notice is served and the debt is payable and may be recovered by the Minister as of the day after the day on which the notice is served.

• Marginal note:Discharge of liability

  (4) The receipt by 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.

Marginal note:Reconsideration of application

• 18 (1) Subject to subsection (5), the Minister may reconsider an application for a lockdown benefit within 36 months after the day on which the benefit has been paid.

• Marginal note:Decision

  (2) If the Minister decides that a person has received money by way of a lockdown benefit to which they were not entitled, or has not received money by way of a lockdown benefit to which they were entitled, the Minister must calculate the amount of the money and notify the person of the Minister’s decision.

• Marginal note:Amount repayable

  (3) Section 16 applies if the Minister decides that a person has received money by way of a lockdown benefit to which they were not entitled.

• Marginal note:Amount payable

  (4) If the Minister decides that a person was entitled to receive money by way of a lockdown benefit, and the money was not paid, the amount calculated under subsection (2) is payable to the person.

• Marginal note: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 a lockdown benefit, the Minister has 72 months within which to reconsider the application.

Marginal note:Request for review

• 19 (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.

• Marginal note:Clarification

  (2) For the purpose of this section, a decision of the Minister includes the issuance of an order under subsection 17(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.

• Marginal note: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.

• Marginal note:Notification

  (4) The Minister must notify the person who made the request of the Minister’s decision under subsection (3).

Marginal note:Certificate of default

20 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.

Marginal note:Limitation or prescription period

• 21 (1) Subject to subsections (2) to (7), no action or proceedings are to be taken to recover money owing under this Act after the expiry of the six-year limitation or prescription period that begins on the day on which the money becomes payable.

• Marginal note:Deduction, set-off or compensation

  (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or compensation against any sum of money, including any lockdown benefit, that may be payable by Her Majesty to the person, other than an amount payable under section 122.61 of the Income Tax Act.

• Marginal note:Acknowledgment of liability

  (3) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5), the time during which the limitation or prescription period has run before the acknowledgment does not count in the calculation of that period.

• Marginal note:Acknowledgment after expiry of limitation or prescription period

  (4) If a person’s liability for money owing under this Act is acknowledged in accordance with subsection (5) after the expiry of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.

• Marginal note:Types of acknowledgment

  (5) An acknowledgment of liability means

  • (a) a promise to pay the money owing, made by the person or their agent or mandatary or other representative;

  • (b) an acknowledgment of the money owing, made by the person or their agent or mandatary or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;

  • (c) a part payment by the person or their agent or mandatary or other representative of any money owing; or

  • (d) an acknowledgment of the money owing, made in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts, by the person, their agent or mandatary or other representative or the trustee or administrator.

• Marginal note:Limitation or prescription period suspended

  (6) The running of a limitation or prescription period in respect of money owing under this Act is suspended

  • (a) during any period in which it is prohibited to commence or continue an action or other proceedings against the person to recover money owing under this Act; or

  • (b) during any period in which any review of a decision establishing the liability in respect of money owing under this Act is pending.

• Marginal note:Enforcement proceedings

  (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

Marginal note:No interest payable

22 No interest is payable on any debt due to Her Majesty under subsection 17(3), under section 26 and under any provision of this Act as a result of an erroneous payment or overpayment.

Marginal note:Violations

• 23 (1) A person commits a violation if they

  • (a) knowingly make, in relation to an application for a lockdown benefit, a representation that is false or misleading; or

  • (b) make an application for, and receive, a lockdown benefit knowing that they are not eligible to receive it.

• Marginal note:Penalty

  (2) The Minister may impose a penalty on a person if the Minister is of the opinion that the person has committed a violation.

• Marginal note:Amount of penalty

  (3) The Minister may set the amount of the penalty for each violation at not more than 50% of the lockdown benefit that was or would have been paid as a result of committing the violation.

• Marginal note:Maximum

  (4) The maximum amount of all penalties that may be imposed on a particular person under this section is $5,000.

• Marginal note:For greater certainty

  (5) For greater certainty, no penalty may be imposed on a person if they mistakenly believe that a representation is true or that they were eligible to receive the lockdown benefit, as the case may be.

• Marginal note:Purpose of penalty

  (6) The purpose of a penalty is to promote compliance with this Act and not to punish.

Marginal note:Limitation of imposition of penalties

24 A penalty must not be imposed under section 23 if

• (a) a prosecution for the act that would constitute the violation has been instituted against the person; or

• (b) more than three years have passed after the day on which that act occurred.

Marginal note:Rescission or reduction of penalty

25 The Minister may rescind the imposition of a penalty under section 23, or reduce the penalty, on the presentation of new facts or on being of the opinion that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.

Marginal note:Recovery as debt due to Her Majesty

26 A penalty imposed under section 23 constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the day on which the penalty is imposed.

Marginal note:Offences

• 27 (1) Every person commits an offence who

  • (a) for the purpose of obtaining a lockdown benefit for themselves, knowingly uses false identity information or another person’s identity information;

  • (b) with intent to steal all or a substantial part of another person’s lockdown benefit, counsels that person to apply for the benefit; or

  • (c) knowingly makes, in relation to one or more applications under this Act, three or more representations that are false or misleading, if the total amount of the lockdown benefits that were or would have been paid as a result of the applications is at least $5,000.

• Marginal note:For greater certainty

  (2) For greater certainty, a person does not commit an offence under paragraph (1)(a) in relation to false identity information if they mistakenly believe that the identity information is not false and does not commit an offence under paragraph (1)(c) if they mistakenly believe that the representations are true.

• Marginal note:Prosecution

  (3) No prosecution for an offence under this section may be instituted if a penalty for the act that would constitute the offence has been imposed under section 23.

• Marginal note:Punishment

  (4) Every person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine of not more than the sum of $5,000 plus an amount of not more than double the amount of the lockdown benefit that was or would have been paid as a result of committing the offence, to imprisonment for a term of not more than six months, or to both.

• Marginal note:Definition of identity information

  (5) In paragraph (1)(a), identity information has the same meaning as in section 402.1 of the Criminal Code.

Marginal note:Designation — investigators

• 28 (1) The Minister may designate as an investigator any person or class of persons for the purpose of enforcing section 27.

• Marginal note:Authorization

  (2) The Minister may authorize the Commissioner, as defined in section 2 of the Canada Revenue Agency Act, to designate as an investigator any employee or class of employees of the Agency, as defined in that section 2, for the purpose of enforcing section 27.

• Marginal note:Limitation period

  (3) Proceedings in respect of an offence under this Act may be instituted at any time within, but not later than, five years after the day on which the Minister became aware of the subject matter of the prosecution.

Marginal note:Consolidated Revenue Fund

29 All money required to do anything in relation to this Act, including all money required by the Minister to administer and enforce this Act or by the Agency, as defined in section 2 of the Canada Revenue Agency Act, to administer and enforce this Act on behalf of the Minister, may, until March 31, 2026, be paid out of the Consolidated Revenue Fund.