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

Act current to 2017-09-14 and last amended on 2013-03-01. Previous Versions

Marginal note:Duty to assist

 The owner or person in charge of a place that is entered by the designated person and every person found there must

  • (a) give the designated person all reasonable assistance to enable him or her to exercise his or her powers and perform his or her duties; and

  • (b) provide the designated person with any information relevant to the administration of this Act that he or she requires.

Marginal note:Information must be made available to Minister

 Personal information relating to an applicant that is collected or obtained by the Canada Employment Insurance Commission must, if requested by the Minister, be made available to the Minister to determine the applicant’s eligibility to receive a payment under this Act.

  • 2005, c. 47, ss. 1 “27”, 140;
  • 2012, c. 19, s. 312.

 [Repealed, 2005, c. 47, s. 140]

Marginal note:Social Insurance Number

 No person may knowingly use, communicate or allow to be communicated a Social Insurance Number that was obtained for a purpose related to an application for a payment under this Act except for the purpose of the administration or enforcement of this Act or the Income Tax Act.

  • 2005, c. 47, s. 1 “29”;
  • 2007, c. 36, s. 90.
Marginal note:Delegation

 The Minister may delegate to any person the exercise of any power or the performance of any duty or function that may be exercised or performed by the Minister under this Act.

Marginal note:Audit of applications
  •  (1) Subject to subsections (2) to (4), the Minister may, on his or her initiative, conduct an audit of any application for payment under this Act.

  • Marginal note:Applications with payment

    (2) An audit of an application in respect of which a payment was made may be conducted at any time within three years after the day on which the payment was made.

  • Marginal note:Exception

    (3) If the Minister has reasonable grounds to believe that a payment was made on the basis of any false or misleading information, an audit of the application in respect of which the payment was made may be conducted at any time within six years after the payment was made.

  • Marginal note:Other applications

    (4) An audit of an application in respect of which no payment was made may be conducted at any time within three years after the day on which the applicant was sent a notice informing the applicant that he or she was not eligible to receive a payment.

Marginal note:Determination of overpayment
  •  (1) If the Minister determines that an individual received a payment in an amount greater than the amount that they were eligible to receive, the Minister shall send them a notice

    • (a) informing them of the determination; and

    • (b) specifying the amount that they were not eligible to receive.

  • Marginal note:Debt due to Her Majesty

    (2) The amount specified in the notice constitutes a debt due to Her Majesty in right of Canada and may be recovered by the Minister of National Revenue.

  • Marginal note:Certificate of default

    (3) The amount of any debt referred to in subsection (2) that remains unpaid 30 days after the day on which the notice is sent 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.

  • 2005, c. 47, s. 1 “32”;
  • 2007, c. 36, s. 91.
Marginal note:Garnishment

 If the Minister is of the opinion that a person is or is about to become liable to pay an amount to an individual who is indebted to Her Majesty under section 32, the Minister may, by written notice, order the person to pay to the Receiver General on account of the individual’s liability all or part of the amount otherwise payable to the individual.

  • 2005, c. 47, s. 1 “33”;
  • 2007, c. 36, s. 91.
Marginal note:No payment or partial payment

 If the Minister determines that an individual did not receive all or part of a payment that they were eligible to receive, the Minister shall make a payment to them in an amount equal to the amount that they did not receive.

  • 2005, c. 47, s. 1 “34”;
  • 2007, c. 36, s. 92(E).

Financial Provisions

Marginal note:Payments out of C.R.F.

 There may be paid out of the Consolidated Revenue Fund all payments authorized to be made under this Act.

Marginal note:Subrogation
  •  (1) If a payment is made under this Act to an individual in respect of unpaid wages, Her Majesty in right of Canada is, to the extent of the amount of the payment, subrogated to any rights the individual may have in respect of the unpaid wages against

    • (a) the bankrupt or insolvent employer; and

    • (b) if the bankrupt or insolvent employer is a corporation, a director of the corporation.

  • Marginal note:Maintaining an action

    (2) For the purposes of subsection (1), Her Majesty in right of Canada may maintain an action in the name of the individual or Her Majesty in right of Canada.

  • 2005, c. 47, s. 1 “36”;
  • 2007, c. 36, s. 93.
Marginal note:Amount not assignable

 An amount that is payable under this Act is not capable of being assigned, charged, attached, anticipated or given as security and any transaction appearing to do so is void or, in Quebec, null.

  • 2005, c. 47, s. 1 “37”;
  • 2007, c. 36, s. 93.

Offences and Penalties

Marginal note:Offences
  •  (1) Every person commits an offence who

    • (a) makes a false or misleading entry, or omits to enter a material particular, in any record or book of account that contains information that supports an application under this Act;

    • (b) in relation to an application under this Act, makes a representation that the person knows to be false or misleading;

    • (c) in relation to an application under this Act, makes a declaration that the person knows to be false or misleading because of the nondisclosure of facts;

    • (d) being required under this Act to provide information, does not provide it or makes a representation that the person knows to be false or misleading;

    • (e) obtains a payment under this Act by false pretence;

    • (f) being the payee of any cheque issued as a payment under this Act, knowingly negotiates or attempts to negotiate it knowing that the person is not entitled to the payment or any part of the payment; or

    • (g) participates in, consents to or acquiesces in an act or omission mentioned in any of paragraphs (a) to (f).

  • Marginal note:Trustees and receivers

    (2) Every person who fails to comply with any of the requirements of subsection 21(1), (3) or (4) commits an offence.

  • Marginal note:Limitation of prosecutions

    (3) A prosecution for an offence under subsection (1) or (2) may be commenced at any time within six years after the day on which the subject matter of the prosecution arose.

  • Marginal note:Due diligence

    (4) No person may be convicted of an offence under subsection (2) if the person establishes that they exercised due diligence to prevent the commission of the offence.

  • 2005, c. 47, s. 1 “38”;
  • 2007, c. 36, s. 93.
Marginal note:Obstruction
  •  (1) Every person commits an offence who delays or obstructs a person in the exercise of their powers or the performance of their duties under this Act.

  • Marginal note:Limitation of prosecutions

    (2) A prosecution for an offence under subsection (1) may be commenced at any time within two years after the day on which the subject matter of the prosecution arose.

  • 2005, c. 47, s. 1 “39”;
  • 2007, c. 36, s. 93.
 
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