Law:Children’s Special Allowances Act

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S.c. 1992, c. 48, Sch.

Assented to 1993-01-01

An Act to provide for the payment of special allowances for the care and maintenance of certain children

(Enacted as Schedule to 1992, c. 48, in force January 1, 1993.)

Contents

Short Title

Short title

1. This Act may be cited as the Children’s Special Allowances Act.


Interpretation

Definitions

2. In this Act,

“child”

« enfant »

“child” means an individual who ordinarily resides in Canada and who is less than eighteen years of age;

“Minister”

« ministre »

“Minister” means the Minister of National Revenue;

“prescribed”

Version anglaise seulement“prescribed” means prescribed by regulations;

“special allowance”

« allocation spéciale »

“special allowance” means an amount payable in respect of a child pursuant to section 3.

1992, c. 48, s. 23 (Sch., s. 2); 1996, c. 11, s. 95; 1998, c. 19, s. 257.

Interpretation

2.1 (1) Except for the purposes of sections 2, 3, 3.1 and 8, the expression “special allowance” is to be read as including the special allowance supplement described in section 3.1.

Interpretation

(2) For the purposes of the payment of a special allowance supplement under section 3.1, the reference to “January 1993” in paragraph 4(2)(c) is to be read as a reference to “July 2006”.

2006, c. 4, s. 169.


Special Allowances Payable

Monthly special allowance

3. (1) Subject to this Act, there shall be paid out of the Consolidated Revenue Fund, for each month, a special allowance in the amount determined for that month by or pursuant to section 8 in respect of each child who

(a) is maintained

(i) by a department or agency of the government of Canada or a province, or

(ii) by an agency appointed by a province, including an authority established under the laws of a province, or by an agency appointed by such an authority, for the purpose of administering any law of the province for the protection and care of children,

and who resides in the private home of foster parents, a group foster home or an institution; or

(b) is maintained by an institution licensed or otherwise authorized under the law of the province to have the custody or care of children.

Use of special allowance

(2) A special allowance shall be applied exclusively toward the care, maintenance, education, training or advancement of the child in respect of whom it is paid.

1992, c. 48, s. 23 (Sch., s. 3); 2004, c. 26, s. 17.

Previous VersionMonthly special allowance supplement

3.1 If a special allowance is payable under section 3 for a child under the age of six, there shall be added to that special allowance a special allowance supplement in the amount of $100 to be paid out of the Consolidated Revenue Fund.

2006, c. 4, s. 170.

Application for special allowance

4. (1) A special allowance is not payable in respect of a child for any month unless

(a) an application therefor has been made in the prescribed manner by the department, agency or institution referred to in section 3 that maintains the child; and

(b) payment of the special allowance has been approved under this Act.

Commencement of special allowance

(2) Subject to subsections (3) and (4), where payment of a special allowance is approved in respect of a child, payment thereof shall commence with the month following the month in which the application therefor is received, but where a special allowance would have been payable before that month if an application therefor had been received, the special allowance is payable for each month commencing with the latest of

(a) the eleventh month preceding the month in which the application was received,

(b) the month in which a special allowance would first have been payable if an application therefor had been received, and

(c) January 1993.

Idem

(3) No special allowance is payable for the month in which the child in respect of whom the special allowance is payable commences to be maintained by a department, agency or institution, and no special allowance is payable in respect of a child for the month in which the child is born or commences to reside in Canada.

When special allowance ceases

(4) A special allowance ceases to be payable with the payment for the month in which the child in respect of whom the special allowance is payable

(a) ceases to be maintained by the department, agency or institution;

(b) ceases to reside in Canada;

(c) dies; or

(d) reaches eighteen years of age or, in the case of a special allowance supplement paid under section 3.1, reaches six years of age.

1992, c. 48, s. 23 (Sch., s. 4); 2006, c. 4, s. 171.

Previous VersionRecipient of special allowance

5. Where payment of a special allowance is approved in respect of a child, the special allowance shall, in such manner and at such times as are determined by the Minister, be paid to the department, agency or institution referred to in section 3 that maintains the child or, in the prescribed circumstances, to a foster parent.

Report to be made

6. Where a special allowance ceases to be payable in respect of a child for a reason referred to in paragraph 4(4)(a), (b) or (c), the chief executive officer of the department, agency or institution that made the application under paragraph 4(1)(a) in respect of the child shall, as soon as possible after the special allowance ceases to be payable in respect of the child, notify the Minister in the prescribed form and manner.


Protection Of Special Allowances

Special allowance not to be assigned or charged

7. A special allowance is not subject to tax under any Act of Parliament and shall not be assigned, charged, attached, anticipated or given as security, and a special allowance is payable subject to those conditions.


Amount Of Special Allowances

Calculation of amount

8. (1) The amount of special allowance to be paid in respect of a child for each month is one twelfth of the total of

(a) the amount expressed in dollars in paragraph (a) of the description of A in subsection 122.61(1) of theIncome Tax Act,

(b) the amount expressed in dollars in paragraph (a) of the description of F in that subsection, and

(c) if an amount may be deducted under section 118.3 of that Act in respect of the child, the amount expressed in dollars in the description of N in subsection 122.61(1) of that Act,

each such amount being adjusted and rounded in accordance with subsections 122.61(5) and (7) of that Act.

Rounding of amounts

(2) In the event that an amount calculated pursuant to subsection (1) contains a fraction of a cent, the amount shall be rounded to the nearest whole cent or, if the result is equidistant from two whole cents, to the higher thereof.

1992, c. 48, s. 23 (Sch., s. 8); 1998, c. 21, s. 98; 2003, c. 15, s. 90.

Previous Version

Recovery Of Special Allowances

Return of special allowance where recipient not entitled

9. (1) Any person, department, agency or institution that has received or obtained by cheque or otherwise payment of a special allowance under this Act to which the person, department, agency or institution is not entitled, or payment in excess of the amount to which the person, department, agency or institution is entitled, shall, as soon as possible, return the cheque or the amount of the payment, or the excess amount, as the case may be.

Recovery of amount of payment as debt due to Her Majesty

(2) Where a person, department, agency or institution has received or obtained payment of a special allowance under this Act to which the person, department, agency or institution is not entitled, or payment in excess of the amount to which the person, department, agency or institution is entitled, the amount of the special allowance or the amount of the excess, as the case may be, constitutes a debt due to Her Majesty.

Deduction from subsequent special allowance

(3) Where any person, department, agency or institution has received or obtained payment of a special allowance under this Act to which the person, department, agency or institution is not entitled, or payment in excess of the amount to which the person, department, agency or institution is entitled, the amount of the special allowance or the amount of the excess, as the case may be, may be deducted and retained in such manner as is prescribed out of any special allowance to which the person, department, agency or institution is or subsequently becomes entitled under this Act.


Information

Communication of privileged information

10. (1) Except as provided in this section or section 11, all information with respect to any individual obtained by the Minister in the course of the administration of this Act and the regulations or the carrying out of an agreement entered into under section 11 is privileged and no person shall knowingly make available or allow to be made available to any person not legally entitled thereto any such information.

Release of information

(2) Any information obtained by or on behalf of the Minister in the course of the administration or enforcement of this Act or the regulations or the carrying out of an agreement entered into under section 11 may be communicated to any person if it can reasonably be regarded as necessary for the purposes of the administration or enforcement of this Act, the Income Tax Act, the Canada Disability Savings Act or the Canada Education Savings Act or a program administered under an agreement entered into under section 12 of the Canada Education Savings Act.

Release of information to members of Parliament

(2.1) Any information with respect to an individual obtained pursuant to this Act or the regulations may be made available or allowed to be made available to a member of Parliament where such information is necessary to respond to a request made by or on behalf of that individual to the member of Parliament for information in relation to that individual.

Evidence and production of documents

(3) Notwithstanding any other Act or law, no officer or employee of Her Majesty shall be required, in connection with any legal proceedings, to produce or to give evidence relating to any information that is privileged under subsection (1).

Application of subsections (1) and (3)

(4) Subsections (1) and (3) do not apply in respect of

(a) proceedings relating to the administration or enforcement of this Act; or

(b) proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information, under an Act of Parliament, where the disclosure of information is required for the purpose of complying with a subpoena or warrant issued by a court or an order made by a court.

Offence

(5) Every person who knowingly contravenes this section by communicating or allowing to be communicated to any person privileged information or by allowing any person to inspect or have access to any statement or other writing containing any such information is guilty of an offence punishable on summary conviction.

1992, c. 48, s. 23 (Sch., s. 10); 1995, c. 33, s. 47; 1996, c. 11, ss. 50, 97, 101, c. 16, s. 61; 1998, c. 19, s. 258; 2004, c. 26, s. 18; 2007, c. 35, s. 137.

Previous VersionAgreements with provinces for exchange of information

11. The Minister may enter into an agreement with the government of any province for the purpose of obtaining information in connection with the administration or enforcement of this Act or the regulations and of furnishing to that government, under prescribed conditions, any information obtained by or on behalf of the Minister in the course of the administration or enforcement of this Act or the regulations, if the Minister is satisfied that the information to be furnished to that government under the agreement is to be used for the purpose of the administration of a social program, income assistance program or health insurance program in the province.

1992, c. 48, s. 23 (Sch., s. 11); 1996, c. 11, s. 97; 1998, c. 19, s. 259.


Commissioners For Oaths

Commissioners for oaths, etc.

12. (1) Any officer or employee of Her Majesty who is authorized by the Minister for the purpose may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations and every person so authorized has, with respect to any such oath, affidavit, declaration or solemn affirmation, all the powers of a commissioner for taking affidavits.

Acceptance of oaths, etc.

(2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits.

1992, c. 48, s. 23 (Sch., s. 12); 1995, c. 33, s. 48; 2003, c. 22, s. 148.

Previous Version

Regulations

Regulations

13. The Governor in Council may make regulations

(a) providing for the suspension of payment of a special allowance during any investigation respecting the eligibility of a department, agency or institution to receive the special allowance and specifying the circumstances in which payment of a special allowance, the payment of which has been suspended, may be resumed;

(b) prescribing the manner of making applications under this Act and the form and manner of giving notices under section 6, the information and evidence to be furnished in connection therewith and the procedure to be followed in dealing with and approving applications;

(c) specifying for the purposes of this Act the circumstances in which a child shall be considered to be maintained by a department, agency or institution; and

(d) prescribing any matter or thing that by this Act is to be prescribed.


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