Wage Earner Protection Program Act (S.C. 2005, c. 47, s. 1)

Act current to 2017-11-06 and last amended on 2013-03-01. Previous Versions

Appeal to Adjudicator

Marginal note:Appeal on question of law or jurisdiction

 The applicant may appeal the decision made by the Minister under section 12 to an adjudicator only on a question of law or jurisdiction.

  • 2005, c. 47, s. 1 “14”;
  • 2007, c. 36, s. 87.
Marginal note:Appointment of adjudicator

 An appeal is to be heard by an adjudicator appointed by the Minister.

Marginal note:Appeal on the record

 The appeal is to be an appeal on the record and no new evidence is admissible.

  • 2005, c. 47, s. 1 “16”;
  • 2007, c. 36, s. 88.
Marginal note:Adjudicator’s decision

 The adjudicator may confirm, vary or rescind the decision made by the Minister under section 12. If the adjudicator varies the decision, the Minister shall make any payment resulting from the variation.

  • 2005, c. 47, s. 1 “17”;
  • 2007, c. 36, s. 88.
Marginal note:Copies of decision

 The adjudicator must send a copy of his or her decision, and the reasons for it, to each party to the appeal.

Marginal note:No review by certiorari, etc.

 No order may be made to review, prohibit or restrain and no process entered or proceeding taken to question, review, prohibit or restrain in any court — whether by way of injunction, certiorari, prohibition, quo warranto or otherwise — an action of an adjudicator under this Act.

  • 2005, c. 47, s. 1 “19”;
  • 2007, c. 36, s. 89.
Marginal note:Decision is final

 The adjudicator’s decision is final and may not be questioned or reviewed in any court.

  • 2005, c. 47, s. 1 “20”;
  • 2007, c. 36, s. 89.

Administration

Duties of Trustees and Receivers

Marginal note:General duties
  •  (1) For the purposes of this Act, a trustee or a receiver, as the case may be, shall

    • (a) identify each individual who is owed eligible wages;

    • (b) determine the amount of eligible wages owing to each individual;

    • (c) inform each individual other than one who is in a class prescribed by regulation of the existence of the program established by section 4 and of the conditions under which payments may be made under this Act;

    • (d) provide the Minister and each individual other than one who is in a class prescribed by regulation with the information prescribed by regulation in relation to the individual and with the amount of eligible wages owing to the individual; and

    • (e) inform the Minister of when the trustee is discharged or the receiver completes their duties, as the case may be.

  • Marginal note:Compliance with directions

    (2) A trustee or receiver shall comply with any directions of the Minister relating to the administration of this Act.

  • Marginal note:Duty to assist

    (3) A person, other than one described in subsection (4), who has or has access to information described in paragraph (1)(d) shall, on request, provide it to the trustee or the receiver, as the case may be.

  • Marginal note:Duty to assist — payroll contractors

    (4) In the case of a person who is dealing at arm’s length with and providing payroll services to a bankrupt or insolvent person, they shall provide a description of the information that they do not have access to, an estimate of the cost of providing the information that they have and an estimate of the cost of providing the information that they only have access to.

  • 2005, c. 47, s. 1 “21”;
  • 2007, c. 36, s. 89;
  • 2009, c. 2, s. 346.
Marginal note:Fees and expenses
  •  (1) The trustee’s or receiver’s fees and expenses, in relation to the performance of their duties under this Act, are to be paid out of the estate of the bankrupt employer or the property of the insolvent employer, as the case may be.

  • Marginal note:Minister to pay fees and expenses

    (2) The Minister shall, in the circumstances prescribed by regulation, pay the fees or expenses that are prescribed by regulation.

  • 2005, c. 47, s. 1 “22”;
  • 2007, c. 36, s. 89.

Powers of Minister

Marginal note:Directions to trustees and receivers
  •  (1) The Minister may give directions to trustees and receivers in respect of the perform­ance of their duties under this Act.

  • Marginal note:Directions not statutory instruments

    (2) A direction given by the Minister is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Power to summon, etc.
  •  (1) For the purposes of the administration of this Act, the Minister may

    • (a) summon any person before him or her and require the person to give evidence, orally or in writing, and on oath or, if the person is entitled to affirm in civil matters, on solemn affirmation;

    • (b) require any person to provide the Minister with any information or document that the Minister considers necessary; and

    • (c) require any person to provide an affidavit or a statutory declaration attesting to the truth of any information provided by the person.

  • Marginal note:Taking oaths, etc.

    (2) Any person, if designated by the Minister for the purpose, may administer oaths and take and receive affidavits, statutory declarations and solemn affirmations for the purpose of or incidental to the administration of this Act. Every person so designated has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits.

  • Marginal note:Acceptance of oaths, etc.

    (3) The Minister may, for the purposes of administering this Act, accept any oath admin­istered or any affidavit, statutory declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or employee of

    • (a) a department or other portion of the federal public administration specified in any of Schedules I, IV and V to the Financial Administration Act; or

    • (b) a department of the government of a province.

Marginal note:Inspections
  •  (1) A person designated by the Minister for the purpose may, at any reasonable time, enter any place in which he or she reasonably believes there is any information or document relevant to the administration of this Act and may, in that place,

    • (a) inspect any books, records, electronic data or other documents that he or she reasonably believes may contain information that is relevant to the administration of this Act;

    • (b) use or cause to be used any computer system to examine any data contained in or available to the computer system;

    • (c) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

    • (d) take any document or other thing from the place for examination or, in the case of a document, for copying; and

    • (e) use or cause to be used any copying equipment to make copies of any documents.

  • Marginal note:Prior authorization

    (2) If any place referred to in subsection (1) is a dwelling-house, the designated person may not enter the dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (3).

  • Marginal note:Warrant to enter dwelling-house

    (3) A judge may issue a warrant authorizing the designated person to enter a dwelling-house subject to the conditions specified in the warrant if, on ex parte application, the judge is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that the dwelling-house is a place referred to in subsection (1);

    • (b) entry into the dwelling-house is necessary for any purpose related to the administration of this Act; and

    • (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused.

  • Marginal note:Orders if entry not authorized

    (4) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose related to the administration of this Act, the judge may, to the extent that access was or may be expected to be refused and that information or documents are or may be expected to be kept in the dwelling-house,

    • (a) order the occupant of the dwelling-house to provide the Minister, or a person designated by the Minister for the purpose, with reasonable access to any information or document that is or should be kept in the dwelling-house; and

    • (b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act.

 
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