Canada Disability Benefit Regulations (SOR/2025-35)

Marginal note:Certificates

• 40 (1) All or part of the debt that has not been recovered may be certified by the Minister

  • (a) without delay, if, in the Minister’s opinion, the debtor is attempting to avoid payment; and

  • (b) 30 days after the day on which the default occurred, in any other case.

• Marginal note:Registration of certificate

  (2) On production to the Federal Court, the certificate must be registered in the Court. When it is registered, it has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate.

• Marginal note:Judgment

  (3) A certificate registered under subsection (2) may also be registered in the superior court of a province as if it were a document evidencing a judgment of that court.

• Marginal note:Costs

  (4) All reasonable costs and charges for the registration of the certificate are recoverable in the same way as if they had been certified and the certificate registered under this section.

• Marginal note:Charge

  (5) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2) or (3) may be recorded for the purpose of creating security, or a charge, lien or priority on, or a binding interest in, property in a province, or any interest in, or for civil law any right in, such property held by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create security, or a charge, lien or priority on, or a binding interest in, property in a province, or any interest in, or for civil law any right in, such property held by the person.

• Marginal note:Garnishment

  (6) If the Minister knows or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment to His Majesty in right of Canada under the Act or these Regulations, the Minister may, by notice served personally or by confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person’s liability.

• Marginal note:Debt due to His Majesty

  (7) An amount not paid as required by a notice under subsection (6) is a debt due to His Majesty in right of Canada.

Consequential Amendment to the Social Security Tribunal Regulations, 2022 – Department of Employment and Social Development Act

41 [Amendments]

Coming into Force

Marginal note:May 15, 2025

42 These Regulations come into force on May 15, 2025.