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Wage Earner Protection Program Act

Version of section 38 from 2007-12-14 to 2008-07-06:


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

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