Dental Care Measures Act

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Sections25

• 1Short title

  This Act may be cited as the Dental Care Measures Act.

• 2Definition of Canadian Dental Care Plan

  In this Act, Canadian Dental Care Plan means the plan established under the authority of the Department of Health Act in respect of dental service for individuals.

• 3Binding on His Majesty

  This Act is binding on His Majesty in right of Canada or a province.

• 4Obligation
• 4(1)

  Every person who is required to make an information return in prescribed form under subsection 200(1) of the Income Tax Regulations in respect of a payment referred to in paragraph 153(1)(a) or (b) of the Income Tax Act must, in the information return for every person (in this section referred to as the “payee”) in respect of whom the payment is made, indicate whether the payee or any of their family members were, on December 31 of the taxation year to which the information return relates, eligible in respect of the payee’s employment or former employment, or that of the payee’s spouse or common-law partner, to access any dental care insurance, or coverage of dental services of any kind, offered by the person.

• 4(2)Application

  Subsection (1) applies only in respect of the 2023 and subsequent taxation years.

• 4(3)Definition of family member

  In this section, family member, in respect of a payee, means

• 4(3)(a)

  the payee’s spouse or common-law partner;

• 4(3)(b)

  a child of the payee (including a child of the payee’s spouse or common-law partner) who is under the age of 18 years; and

• 4(3)(c)

  a child of the payee (including a child of the payee’s spouse or common-law partner) who is 18 years of age or older and dependent, by reason of mental or physical infirmity, on the payee for support.

• 5Information return

  For the purposes of assisting the Minister of Health in the administration and enforcement of the Canadian Dental Care Plan, the Minister of National Revenue may, in the information return that a person is required to make under subsection 200(1) of the Income Tax Regulations, ask for the information required under subsection 4(1) of this Act and, for those purposes, may collect that information.

• 6Purpose of information obtained

  Any information obtained under subsection 4(1) is information obtained for the purposes of the administration and enforcement of the Canadian Dental Care Plan and not for the purposes of the Income Tax Act.

• 7Disclosure of information

  The Minister of National Revenue or any person acting on behalf of that Minister may provide any information collected under section 5

• 7(a)

  to the Minister of Health, for the purposes of the administration and the enforcement of the Canadian Dental Care Plan or the formulation or evaluation of policy for that plan; and

• 7(b)

  to an official of the Department of Employment and Social Development, for the purposes of assisting the Minister of Health in the administration and the enforcement of the Canadian Dental Care Plan or the formulation or evaluation of policy for that plan.

• 8Violations
• 8(1)

  A person commits a violation if they

• 8(1)(a)

  fail to comply with subsection 4(1) in respect of any person in respect of whom the income return referred to in that subsection is to be made; or

• 8(1)(b)

  knowingly make, in the information return referred to in that subsection, a representation that is false or misleading in relation to the information required under that subsection in respect of any person.

• 8(2)Penalty

  The Minister of Health may impose a penalty of $100 on a person for each violation if that Minister is of the opinion that the person has committed a violation.

• 8(3)Purpose of penalty

  The purpose of the penalty is to promote compliance with this Act and not to punish.

• 9Limitation on imposition of penalty

  A penalty must not be imposed under section 8 if more than three years have passed since the day on which the act that would constitute the violation occurred.

• 10Rescission or reduction of penalty

  The Minister of Health may rescind the imposition of a penalty under section 8, 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.

• 11Recovery as debt due to His Majesty

  A penalty imposed under section 8 constitutes a debt due to His Majesty and the debt is payable and may be recovered by the Minister of Health as of the day on which the penalty is imposed.

• 12Social Insurance Number

  The Minister of Health is authorized to collect and use, for the purposes of the administration and enforcement of the Canadian Dental Care Plan, the Social Insurance Number of a person who makes an application under the plan.