Marginal note:Penalty for employers, etc.
39. (1) The Commission may impose on an employer, or any other person acting for an employer or pretending to be or act for an employer, a penalty for each of the following acts if the Commission becomes aware of facts that in its opinion establish that the employer or other person has
(a) made, in relation to any matter arising under this Act, a representation that the employer or other person knew was false or misleading;
(b) being required under this Act or the regulations to provide information, provided information or made a representation that the employer or other person knew was false or misleading;
(c) in relation to any matter arising under this Act, made a declaration that the employer or other person knew was false or misleading because of the non-disclosure of facts;
(d) imported or exported a document issued by the Commission, or had it imported or exported, for the purpose of defrauding or deceiving the Commission; or
(e) participated in, assented to or acquiesced in an act mentioned in paragraphs (a) to (d).
Marginal note:Maximum penalty
(2) The Commission may set the amount of the penalty for each act at not more than nine times the maximum rate of weekly benefits in effect when the penalty is imposed.
Marginal note:Officers, etc., of corporations
(3) If the Commission becomes aware of facts that in its opinion establish that a corporation has committed an act described in subsection (1) and that any officer, director or agent of the corporation has directed, authorized, assented to, acquiesced in or participated in the act, the Commission may impose a penalty on the officer, director or agent, whether or not a penalty has been imposed on the corporation.
Marginal note:Contravention of information requirements
(4) Notwithstanding subsection (2), if the act involves the provision of information about any matter on which the fulfilment of conditions for the qualification and entitlement for receiving or continuing to receive benefits depends, the Commission may set the amount of the penalty at not more than the greater of
(a) $12,000, and
(b) the amount of the penalty imposed under section 38 on any person who made a claim for benefits based on the information provided.
Marginal note:Major contraventions
(5) Notwithstanding subsection (2), the Commission may set the amount of the penalty at an amount required or authorized by the regulations if the act is a major contravention, as defined under the regulations.
Marginal note:Limitation on imposition of penalties
40. A penalty shall not be imposed under section 38 or 39 if
(a) a prosecution for the act or omission has been initiated against the employee, employer or other person; or
(b) 36 months have passed since the day on which the act or omission occurred.
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