Canada Worker Lockdown Benefit Act (S.C. 2021, c. 26, s. 5)

Marginal note:Application

• 5 (1) A person may, in the form and manner established by the Minister, apply for a lockdown benefit for any week that falls within the period beginning on October 24, 2021 and ending on May 7, 2022 and within a benefit period.

• Marginal note:Limitation

  (2) No application is permitted to be made on any day that is more than 60 days after the end of the week to which the benefit relates. However, an application in relation to any week that ends before the day on which this subsection comes into force may be made within 60 days after the end of the week during which this subsection comes into force.

Marginal note:Attestation

• 6 (1) Subject to subsection (2), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 4(1)(a) to (j).

• Marginal note:Exception — paragraphs 4(1)(d) and (e)

  (2) A person is not required to attest to their income under paragraphs 4(1)(d) and (e) if they have previously received a lockdown benefit and they attest to that fact.

Marginal note:Obligation to provide information

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

Marginal note:Payment of benefit

8 The Minister must pay a Canada worker lockdown benefit to a person who makes an application under section 5 and who is eligible for the benefit.

Marginal note:Amount of payment

9 The amount of a lockdown benefit for a week is $300.

PART 2General

Marginal note:Regulations

10 The Governor in Council may, by regulation,

• (a) amend the definition lockdown order in section 2;

• (b) fix a lower number of days for the purpose of subsection 3(2);

• (c) prescribe any other source of income for the purpose of subparagraph 4(1)(d)(vi); and

• (d) prescribe any other income for the purpose of subparagraph 4(1)(g)(iv).

Marginal note:Replacement of May 7, 2022

11 The Governor in Council may, by regulation, on the recommendation of the Minister, amend subsections 4(1) and 5(1) to replace the date of May 7, 2022 by a date not later than July 2, 2022 and, if those provisions are amended by such a regulation, to amend those provisions again by replacing the date set out in them as a result of the previous regulation by a date not later than July 2, 2022.

Marginal note:Social Insurance Number

12 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 for a lockdown benefit.

Marginal note:Provision of information and documents

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

• Marginal note:Obligation to appear

  (2) The Minister may, for any purpose related to verifying compliance or preventing non-compliance with this Act, require a person who is applying for a lockdown benefit, or who has received such a benefit, to be at a suitable place — or to be available by audioconference or videoconference or in any other suitable manner — at a suitable time in order to provide any information or any document about their application for the benefit that the Minister may require in respect of the application.

• Marginal note:Entitlement to benefits

  (3) A person who fails to fulfill or comply with a requirement under subsection (1) or (2) is not eligible for a lockdown benefit in respect of the week to which the application relates.

Marginal note:Minister of Health

14 The Minister of Health may assist the Minister in verifying whether a person meets the eligibility condition referred to in paragraph 4(1)(i) and may, for that purpose, disclose to the Minister personal information obtained under the Quarantine Act in respect of any person who is required to quarantine or isolate themselves under any order made under that Act as a result of entering into Canada, including

• (a) their name and date of birth;

• (b) the date on which they entered into Canada; and

• (c) the date of the last day on which they are or were required to quarantine or isolate themselves under the order.

Marginal note:Payments cannot be charged, etc.

15 A lockdown 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

• 16 (1) If the Minister determines that a person has received a lockdown 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 a debt to Her Majesty

  (2) The amount of the erroneous payment or overpayment, as determined by the Minister, constitutes a debt due to Her 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:Garnishment — financial institution

• 17 (1) The Minister may, by a notice served personally or by a confirmed delivery service, order a financial institution, as defined in section 2 of the Bank Act, that holds or maintains a deposit account for a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the deposit account all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty.

• Marginal note:Garnishment — employer

  (2) The Minister may, by a notice served personally or by a confirmed delivery service, order the employer of a person who is indebted to Her Majesty under this Act to pay to the Receiver General from the remuneration that would be otherwise payable by the employer to the person all or part of the amount in respect of which the person is indebted to Her Majesty under this Act on account of the person’s liability to Her Majesty.

• Marginal note:Debt to Her Majesty

  (3) An amount not paid as required by a notice under subsection (1) or (2) is

  • (a) if a day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day specified in the notice and the debt is payable and may be recovered by the Minister as of the day after the day specified in the notice; or

  • (b) if no day is specified in the notice as being the day on which the amount is to be paid, a debt due to Her Majesty as of the day after the day on which the notice is served and the debt is payable and may be recovered by the Minister as of the day after the day on which the notice is served.

• Marginal note:Discharge of liability

  (4) The receipt by the Receiver General of money paid as required under subsection (1) or (2) is a good and sufficient discharge of the original liability of the person to the extent of the payment.

Marginal note:Reconsideration of application

• 18 (1) Subject to subsection (5), the Minister may reconsider an application for a lockdown benefit within 36 months after the day on which the benefit has been paid.

• Marginal note:Decision

  (2) If the Minister decides that a person has received money by way of a lockdown benefit to which they were not entitled, or has not received money by way of a lockdown benefit 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 16 applies if the Minister decides that a person has received money by way of a lockdown 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 lockdown 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 lockdown benefit, the Minister has 72 months within which to reconsider the application.

Marginal note:Request for review

• 19 (1) A person who is the subject of a decision of the Minister made under this Act may make a request, in the form and manner established by the Minister, to the Minister for a review of that decision at any time within 30 days after the day on which they are notified of the decision or any further time that the Minister may allow.

• Marginal note:Clarification

  (2) For the purpose of this section, a decision of the Minister includes the issuance of an order under subsection 17(1) or (2) and the person to whom the order is served and the person who would not be paid an amount as the result of the issuance of the order are each deemed to be a person who is the subject of a decision of the Minister.

• Marginal note:Review

  (3) 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

  (4) The Minister must notify the person who made the request of the Minister’s decision under subsection (3).

Marginal note:Certificate of default

20 The amount of any debt due to Her Majesty under this Act 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

• 21 (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 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 any lockdown benefit, that may be payable by Her 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 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 or mandatary or other representative;

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

  • (a) 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; or

  • (b) during any period in which any review of a decision establishing the liability in respect of money owing under this Act is pending.

• 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.