126. (1) An amount or part of an amount payable under Part I, II or VII.1 that has not been paid may be certified by the Commission
(a) without delay, if in the opinion of the Commission the person liable to pay the amount is attempting to avoid payment; and
(b) in any other case, on the expiration of 30 days after the default.
(2) On production to the Federal Court, the resulting certificate shall be registered in the Court and when registered has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate plus interest to the day of payment as provided for in this Act.
(3) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under this section.
(4) If the Commission has knowledge or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment under Part I, II or VII.1 or under subsection (7), it may, by a notice served personally or sent by a confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person’s liability.
Marginal note:Applicability to future payments
(5) If the Commission has, under subsection (4), required an employer to pay to the Receiver General on account of an insured person’s liability under Part I or II or an individual’s liability under Part VII.I, money otherwise payable by the employer to the insured person or the individual, as the case may be, as remuneration,
(a) the requirement is applicable to all future payments by the employer to the insured person or individual, as the case may be, as remuneration until the liability under that Part is satisfied; and
(b) the employer shall make payments to the Receiver General out of each payment of remuneration of the amount that may be stipulated by the Commission in the notice mentioned in subsection (4).
Marginal note:Discharge of liability
(6) The receipt of the Commission for money paid as required under subsection (4) or (5) is a good and sufficient discharge of the original liability to the extent of the payment.
Marginal note:Debt due to the Crown
(7) An amount not paid as required by a notice under subsection (4) or (5) is a debt due to Her Majesty.
Marginal note:Service of person carrying on business under another name
(8) A notice mentioned in subsection (4) may be addressed to the name or style under which a person carries on business if the person carries on business under a name or style other than their own name and, in the case of personal service, the notice is validly served if it is left with an adult person employed at the place of business of the addressee.
Marginal note:Service of partnership
(9) A notice mentioned in subsection (4) may be addressed to a partnership name if the person who is to receive it carries on business in partnership under that name and, in the case of personal service, the notice is validly served if it is served on one of the partners or left with an adult person employed at the place of business of the partnership.
(10) An authorized person may, at any reasonable time, for any purpose relating to the administration or enforcement of this Act, other than Part IV, inspect or examine any document that relates or may relate to the information that is or should be contained in the records or books of account or to the amount of any benefits payable under this Act and, for those purposes, the authorized person may
(a) subject to subsection (11), enter any premises or place where the authorized person believes, on reasonable grounds, that persons are or were employed or where any records or books of account are or should be kept; and
(b) require the owner, occupant or person in charge of the premises or place to give the authorized person all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act, other than Part IV, and, for that purpose, require the owner, occupant or person in charge to attend at the premises or place with the authorized person.
Marginal note:Warrant required to enter dwelling-house
(11) If the premises or place is a dwelling-house, an authorized person may only enter with the consent of the occupant or under the authority of a warrant issued under subsection (12).
Marginal note:Warrant or order
(12) If, on ex parte application by the Commission, a judge is satisfied by information on oath that
(a) there are reasonable grounds for believing that a dwelling-house is a premises or place mentioned in subsection (10),
(b) entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, other than Part IV, and
(c) entry into the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,
the judge may issue a warrant authorizing an authorized person to enter the dwelling-house subject to such conditions as may be specified in the warrant.
Marginal note:Order for access to documents, etc.
(13) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, other than Part IV, the judge may
(a) order the occupant of the dwelling-house to provide an authorized person with reasonable access to any document that is or should be kept in the dwelling-house, and
(b) make such other order as is appropriate in the circumstances to carry out the purposes of this Act, other than Part IV,
to the extent that access has been or may be expected to be refused and that the document is or may be expected to be kept in the dwelling-house.
Marginal note:Requirement to provide documents and information
(14) Notwithstanding any other provision of this Act, but subject to subsection (15), the Commission may for any purpose relating to the administration or enforcement of this Act, other than Part IV, by notice served personally or by confirmed delivery service, require that any person provide, within such reasonable time as is stated in the notice,
(a) any information or additional information, including any information return or supplementary return; or
(b) any document.
Marginal note:Unnamed persons
(15) The Commission shall not impose on any person, in this section referred to as a “third party”, a requirement under subsection (14) to provide information or any document relating to one or more unnamed persons unless it first obtains the authorization of a judge under subsection (16).
Marginal note:Judicial authorization
(16) On ex parte application by the Commission, a judge may, subject to such conditions as the judge considers appropriate, authorize the Commission to impose on a third party a requirement under subsection (14) relating to an unnamed person or more than one unnamed person, in this section referred to as the “group”, if the judge is satisfied by information on oath that
(a) the person or group is ascertainable; and
(b) the requirement is made to verify compliance by the person or persons in the group with any duty or obligation under this Act, other than Part IV.
(c) and (d) [Repealed, 1998, c. 19, s. 271]
Marginal note:Service of authorization
(17) If the authorization is granted, it shall be served together with the notice mentioned in subsection (14).
Marginal note:Review of authorization
(18) If the authorization is granted, a third party on whom it is served may, within 15 days after it is served, apply for a review of the authorization to the judge who granted it or, if the judge is unable to act, to another judge of the same court.
Marginal note:Powers on review
(19) On hearing the application, the judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (16)(a) and (b) have been met and the judge may confirm or vary the authorization if satisfied that those conditions have been met.
Marginal note:Copies as evidence
(20) If a document is inspected, examined or provided in accordance with subsection (10) or (14),
(a) the person by whom it is inspected or examined or to whom it is provided, or any other person acting for the Commission, may make one or more copies, or have them made; and
(b) any document appearing to be certified by the Commission or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.
(21) No person shall hinder, molest or interfere with any person doing anything that the person is authorized to do by or under this section or prevent or attempt to prevent any person from doing any such thing and, notwithstanding any other Act or law, every person shall, unless unable to do so, do everything required by or under this section.
(22) In this section,
« personne autorisée »
“authorized person” means a person authorized in writing by the Commission for the purposes of this section;
« juge »
“judge” means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court.
- 1996, c. 23, s. 126;
- 1998, c. 19, s. 271;
- 2009, c. 33, s. 14.
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