Law:An Act to assist families by supporting their child care choices through direct financial support and to make consequential and related amendments to certain Acts

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S.c. 2006, c. 4, s. 168

Assented to 2006-06-22

An Act to assist families by supporting their child care choices through direct financial support and to make consequential and related amendments to certain Acts

(Enacted by section 168 of chapter 4 of the Statutes of Canada, 2006, in force July 1, 2006, see 2006, c. 4, s. 181.)

Contents

Short Title

Short title

1. This Act may be cited as the Universal Child Care Benefit Act.


Interpretation

Definitions

2. The following definitions apply in this Act.

“eligible individual”

« particulier admissible »

“eligible individual” means a person who is an eligible individual for the purpose of Subdivision a.1 of Division E of Part I of the Income Tax Act.

“Minister”

« ministre »

“Minister” means the Minister of Human Resources and Skills Development.

“qualified dependant”

« personne à charge admissible »

“qualified dependant” means a person who has not attained the age of six years and who is a qualified dependant for the purpose of Subdivision a.1 of Division E of Part I of the Income Tax Act.

“shared-custody parent”

« parent ayant la garde partagée »

“shared-custody parent” has the meaning assigned by section 122.6 of the Income Tax Act.

2006, c. 4, s. 168 "2"; 2010, c. 25, s. 74.

Previous Version

Purpose

Purpose

3. The purpose of this Act is to assist families by supporting their child care choices through direct financial support to a maximum of $1,200 per year in respect of each of their children who has not attained the age of six years.


Benefit

Amount of payment

4. (1) The Minister shall pay to an eligible individual, for each month at the beginning of which he or she is an eligible individual, for each child who is a qualified dependant of the eligible individual at the beginning of that month,

(a) a benefit of $50, if the eligible individual is a shared-custody parent of the qualified dependant; and

(b) a benefit of $100 in any other case.

Limitation

(2) The benefit may not be paid in respect of any month before July, 2006.

2006, c. 4, s. 168 "4"; 2010, c. 25, s. 75.

Previous VersionBenefit cannot be charged, etc.

5. A 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, in Quebec, 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.

Return of overpayment or erroneous payment

6. (1) A person who has received or obtained a benefit to which the person is not entitled, or a benefit in excess of the amount of the benefit to which the person is entitled, shall, as soon as possible, repay the amount of the benefit or the excess amount, as the case may be.

Recovery as a debt due to Her Majesty

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

Limitation period

7. (1) Subject to this section, no action or proceedings shall be taken to recover money owing under this Act after the expiry of the six-year limitation period that begins on the day on which the money becomes due and payable.

Deduction and set-off

(2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or, in Quebec, compensation against, any sum of money, including a 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.

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 period has run before the acknowledgment does not count in the calculation of that period.

Acknowledgment after expiry of limitation 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 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.

Types of acknowledgments

(5) An acknowledgment of liability means

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

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

(d) any acknowledgment of the money owing made by the person, his or her 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.

Limitation period suspended

(6) The running of a limitation 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.

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.

No interest payable

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

Authority to enter agreements

9. The Minister may enter into agreements or arrangements with any department, board or agency of the Government of Canada to assist the Minister in carrying out the purposes and provisions of this Act.

Payment out of C.R.F.

10. All amounts payable by the Minister under section 4 shall be paid out of the Consolidated Revenue Fund.


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