Rental Housing Benefit Act (S.C. 2022, c. 14, s. 3)

Marginal note:Reconsideration of application

• 16 (1) Subject to subsection (5), the Minister may reconsider an application within 24 months after the 120th day after the reference day.

• Marginal note:Decision

  (2) If the Minister decides on reconsideration that a person has received money by way of a rental housing benefit to which they were not entitled, or has not received money 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 18 applies if the Minister decides that a person has received money by way of a 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 rental housing 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 rental housing benefit, the Minister has 72 months within which to reconsider the application.

Marginal note:Request for review

• 17 (1) A person who is the subject of a decision of the Minister made under this Act may make a request to the Minister, in the form and manner established by the Minister, for a review of that decision at any time within 90 days after the day on which they are notified of the decision or any further time that the Minister may allow.

• Marginal note:Review

  (2) 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

  (3) The Minister must notify the person who made the request of the result of the Minister’s review under subsection (2).

Marginal note:Return of overpayment or erroneous payment

• 18 (1) If the Minister determines that a person has received a rental housing 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 debt due to His Majesty

  (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to His 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:Limitation or prescription period

• 19 (1) Subject to this section, no action or proceedings may be taken to recover money owing under this Act after the end 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, or set-off or compensation against, any sum of money, including a rental housing benefit, that may be due or payable by His 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 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 end 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 acknowledgments

  (5) An acknowledgment of liability means

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

  • (b) a written acknowledgment of the money owing, signed by the person or their agent 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 other representative of any money owing; or

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

• 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:Non-application

  (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

20 No interest is payable on any amount owing to His Majesty under this Act as a result of an overpayment or an erroneous payment.

Marginal note:Violations

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

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

  • (b) make an application for, and receive, a rental housing 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 benefit that was or would have been paid as a result of committing the violation.

• Marginal note:For greater certainty

  (4) 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 benefit, as the case may be.

• Marginal note:Purpose of penalty

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

Marginal note:Limitation of imposition of penalties

22 A penalty must not be imposed under section 21 if more than three years have passed after the day on which the act that would constitute the violation occurred.

Marginal note:Rescission or reduction of penalty

23 The Minister may rescind the imposition of a penalty under section 21, 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 His Majesty

24 A penalty imposed under section 21 constitutes a debt due to His 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

• 25 (1) Every person commits an offence who

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

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

• Marginal note:Punishment

  (2) 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 benefit that was or would have been paid as a result of committing the offence, to imprisonment for a term of not more than two years less a day, or to both.

• Marginal note:Definition of identity information

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

Marginal note:Designation — investigators

• 26 (1) The Minister may designate as an investigator any person or class of persons for the purpose of enforcing section 25.

• Marginal note:Authorization

  (2) The Minister may authorize the Commissioner to designate as an investigator any employee or class of employees of the Agency for the purpose of enforcing section 25.

Marginal note:Limitation period

27 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 becomes aware of the subject matter of the prosecution.

Marginal note:Sunset provision

• 28 (1) Despite any other provision of this Act, a payment out of the Consolidated Revenue Fund must not be made under section 12 after the fifth anniversary of the day on which this Act comes into force.

• Marginal note:Consolidated Revenue Fund

  (2) On the day after that fifth anniversary,

  • (a) any money paid out under subsection 12(1) and held on that day by the Corporation is to be paid into the Consolidated Revenue Fund and credited to the Receiver General; and

  • (b) any special account referred to in subsection 12(2) is closed and any money in that account on closing is to remain in the Consolidated Revenue Fund and is credited to the Receiver General.