Canada Emergency Student Benefit Act (S.C. 2020, c. 7)

Marginal note:Short title

1 This Act may be cited as the Canada Emergency Student Benefit Act.

Marginal note:Definitions

2 The following definitions apply in this Act.

Minister

Minister means the Minister of Employment and Social Development. (ministre)

student

student means a person who is a Canadian citizen, a person registered as an Indian under the Indian Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a protected person within the meaning of subsection 95(2) of that Act and who

• (a) is enrolled, at any time between December 1, 2019 and August 31, 2020, in a post-secondary educational program that leads to a degree, diploma or certificate;

• (b) has graduated from secondary school in 2020, has applied for enrollment in such a post-secondary educational program that is scheduled to begin before February 1, 2021 and plans to enroll in the program if their application is accepted; or

• (c) is a member of a class of persons that is prescribed by regulation. (étudiant)

week

week means the period of seven consecutive days beginning on and including Sunday. (semaine)

Marginal note:Regulations — definition of student

3 With the consent of the Minister of Finance, the Minister may make regulations

• (a) respecting the meaning of the term “post-secondary educational program” for the purposes of the definition student in section 2; and

• (b) prescribing classes of persons for the purposes of paragraph (c) of that definition.

Marginal note:Payment of benefit

4 The Minister must pay a Canada emergency student benefit to a student who makes an application under section 5 and who is eligible for the benefit.

Marginal note:Application

• 5 (1) A student may, in the form and manner established by the Minister, apply for a Canada emergency student benefit for any four-week period falling within the period prescribed by regulation.

• Marginal note:Attestation

  (2) A student who applies on the basis that they are seeking work, whether as an employee or in self-employment, but are unable to find it must, in their application, attest to the fact that they are seeking work.

• Marginal note:Limitation

  (3) No student is permitted to file an application after September 30, 2020, and the Minister must not pay a Canada student emergency benefit to a student who files an application after that day.

• Marginal note:Information

  (4) An applicant must provide the Minister with any information that the Minister may require in respect of the application.

• Marginal note:Regulations

  (5) With the consent of the Minister of Finance, the Minister may, by regulation, prescribe periods for the purposes of subsection (1).

Marginal note:Eligibility

• 6 (1) A student is eligible for a Canada emergency student benefit if

  • (a) for reasons related to the coronavirus disease 2019 and whether as an employee or in self-employment, they are unable to work, are seeking work and unable to find it, or are working but are paid less than the amount determined under the regulations, during the four-week period for which they apply for the benefit; and

  • (b) they do not, in respect of any part of that four-week period, receive

    • (i) subject to the regulations, income from employment or self-employment,

    • (ii) benefits, as defined in subsection 2(1) of the Employment Insurance Act, or an employment insurance emergency response benefit referred to in section 153.7 of that Act,

    • (iii) allowances, money or other benefits that would be paid to the student under a provincial plan because of pregnancy or in respect of the care by the student of one or more of their new-born children or one or more children placed with them for the purpose of adoption,

    • (iv) an income support payment under the Canada Emergency Response Benefit Act, or

    • (v) any other income that is prescribed by regulation.

• Marginal note:Regulations

  (2) With the consent of the Minister of Finance, the Minister may make regulations

  • (a) respecting the meaning of terms referred to in paragraph (1)(a) and the amount referred to in that paragraph;

  • (b) excluding income from the application of subparagraph (1)(b)(i); and

  • (c) prescribing any other income for the purposes of subparagraph (1)(b)(v).

• Marginal note:Information — employment opportunities

  (3) The Minister is to make available to eligible students information about employment opportunities through a government-managed job posting system.

Marginal note:Amount of benefit

• 7 (1) The amount of a Canada emergency student benefit for a week is the amount determined for that week under the regulations.

• Marginal note:Regulations

  (2) With the consent of the Minister of Finance, the Minister may make regulations respecting the amount of a Canada emergency student benefit for a week specified in the regulations.

• Marginal note:Distinguishing — classes

  (3) Regulations made under subsection (2) may distinguish among different classes of students.

Marginal note:Maximum number of weeks

• 8 (1) The maximum number of weeks for which a student may receive Canada emergency student benefits is the number of weeks that is determined under the regulations.

• Marginal note:Regulations

  (2) With the consent of the Minister of Finance, the Minister may make regulations respecting the number of weeks for the purpose of subsection (1).

Marginal note:Retroactive effect

9 Regulations made under this Act may, if they so provide, have retroactive effect.

Marginal note:Social Insurance Number

10 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Act, the Social Insurance Number of a person who makes an application under this Act.

Marginal note:Provision of information and documents

11 The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, by notice served personally or by confirmed delivery service, require that any person provide any information or document within the reasonable time that is stated in the notice.

Marginal note:Benefits cannot be charged, etc.

12 A Canada emergency student 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

• 13 (1) If the Minister determines that a person has been paid a Canada emergency student benefit to which the person is not entitled, or an amount in excess of the amount of such a benefit to which the person is entitled, the person must repay the amount of the benefit or the excess amount, as the case may be, as soon as is feasible.

• Marginal note:Recovery as debt due to Her Majesty

  (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her Majesty in right of Canada, as of the day on which it was paid, that may be recovered by the Minister.

• Marginal note:Certificate of default

  (3) The amount of any debt referred to in subsection (2) 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

• 14 (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 due and 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 a Canada emergency student benefit under this Act, that may be due or payable by Her Majesty in right of Canada 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, mandatary or other representative;

  • (b) an acknowledgment of the money owing, made by the person or their agent, 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, 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, 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 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.

• 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

15 No interest is payable on any amount owing to Her Majesty in right of Canada under this Act as a result of an erroneous payment or overpayment.

Marginal note:Receipt of benefits, allowances or money

• 15.1 (1) If, for any four-week period, the Minister determines that a student received a Canada emergency student benefit for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 13(2) that the amount that the worker must repay under subsection 13(1) is, despite subsection 13(1), the amount determined by the formula

  A × (B ÷ 4)

  where

  A

  is

  • (a) $2,000, in the case of a student with a dependant or a student with a disability, and

  • (b) $1,250, in any other case; and

  B

  is the number of weeks for which the student received such benefits, allowances or money during that four-week period.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the student if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the student is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment.