C-5513853-54Elizabeth II2004-2005An Act to establish a program to provide for payments to individuals in respect of wages owed to them by employers who are insolventWage Earner Protection Program ActWage Earner Protection Program202111
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W-0.847, s. 12005[Enacted by section 1 of chapter 47 of the Statutes of Canada, 2005, in force July 7, 2008, see SI/2008-78.]Short Title
Short titleThis Act may be cited as the Wage Earner Protection Program Act.
Interpretation
DefinitionsThe following definitions apply in this Act.Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)eligible wages meanswages other than termination pay and severance pay that were earned during the longer of the following periods:the six-month period ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer,the period beginning on the day that is six months before one of the following days and ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer:the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed,the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced, andthe period beginning on the day that is six months before one of the following days and ending on the day on which a court makes a determination under subsection 5(5):the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed,the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced; andtermination pay and severance pay that relate to employment that endedduring the period referred to in paragraph (a), orduring the period beginning on the day after the day on which the period referred to in paragraph (a) ends and ending on the day on which the trustee is discharged or the receiver completes their duties, as the case may be. (salaire admissible)wages includes salaries, commissions, compensation for services rendered, vacation pay, termination pay, severance pay and any other amounts prescribed by regulation. (salaire)PrecisionFor the purpose of the definition eligible wages, a proposal does not include a proposal for which a certificate is given under section 65.3 of the Bankruptcy and Insolvency Act and a notice of intention to make a proposal does not include a notice of intention in respect of a proposal for which such a certificate is given.Meaning of trusteeIn this Act, trustee includes a monitor as defined in subsection 2(1) of the Companies’ Creditors Arrangement Act.Employers subject to a receivershipFor the purposes of this Act, an employer is subject to a receivership when any property of the employer is under the possession or control of a receiver.Meaning of receiverIn this Act, receiver means a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act.Words and expressionsUnless otherwise provided, words and expressions used in this Act have the same meaning as in the Bankruptcy and Insolvency Act.Related personsDespite subsection 4(5) of the Bankruptcy and Insolvency Act,for the purposes of paragraph 6(d), an individual is considered to deal at arm’s length with a related person if the Minister is satisfied that, having regard to the circumstances — including the terms and conditions of the individual’s employment with the former employer, their remuneration and the duration, nature and importance of the work performed for the former employer — it is reasonable to conclude that the individual would have entered into a substantially similar contract of employment with the former employer if they had been dealing with each other at arm’s length; andfor the purposes of subsection 21(4), individuals who are related to each other are, in the absence of evidence to the contrary, deemed not to deal with each other at arm’s length while so related.2005, c. 47, s. 1 “2”; 2007, c. 36, s. 83; 2009, c. 2, s. 342; 2011, c. 24, s. 163; 2012, c. 19, s. 697(E); 2017, c. 20, s. 378, c. 26, s. 52; 2018, c. 27, s. 627
Designation of Minister
Power of Governor in CouncilThe Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
Program Established
EstablishmentThe Wage Earner Protection Program is established to provide for payments to individuals in respect of wages owed to them by employers who are insolvent.2005, c. 47, s. 1 “4”2018, c. 27, s. 628
Eligibility for Payments
Conditions of eligibilityAn individual is eligible to receive a payment ifthe individual’s employment ended for a reason prescribed by regulation;one of the following applies:the former employer is bankrupt,the former employer is subject to a receivership,the former employer is the subject of a foreign proceeding that is recognized by a court under subsection 270(1) of the Bankruptcy and Insolvency Act andthe court determines under subsection (2) that the foreign proceeding meets the criteria prescribed by regulation, anda trustee is appointed, orthe former employer is the subject of proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act and a court determines under subsection (5) that the criteria prescribed by regulation are met; andthe individual is owed eligible wages by the former employer.[Repealed, 2009, c. 2, s. 343]Prescribed criteria — foreign proceedingOn application by any person, a court may, in a proceeding under Part XIII of the Bankruptcy and Insolvency Act, determine that the foreign proceeding meets the criteria prescribed by regulation. If the court determines that the foreign proceeding meets the prescribed criteria, the court may appoint a trustee for the purposes of this Act.Employment in CanadaAn individual who is eligible to receive a payment because of subparagraph (1)(b)(iii) is only eligible to receive a payment in respect of eligible wages earned for employment in Canada and termination pay and severance pay that relate to that employment.Deemed bankruptcyFor the purposes of this Act, if all of the conditions set out in subparagraph (1)(b)(iii) are met, the former employer is deemed to be bankrupt and the date of the bankruptcy is deemed to be the day on which all of those conditions are met.Prescribed criteria — other proceedingsOn application by any person, a court may, in proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act, determine that the former employer meets the criteria prescribed by regulation.2005, c. 47, s. 1 “5”; 2007, c. 36, s. 84; 2009, c. 2, s. 3432018, c. 27, s. 629
ExceptionsAn individual is not eligible to receive a payment in respect of any wages earned during, or that otherwise relate to, a period in which the individualwas an officer or director of the former employer;had a controlling interest within the meaning of the regulations in the business of the former employer;occupied a managerial position within the meaning of the regulations with the former employer; orwas not dealing at arm’s length withan officer or director of the former employer,a person who had a controlling interest within the meaning of the regulations in the business of the former employer, oran individual who occupied a managerial position within the meaning of the regulations with the former employer.2005, c. 47, s. 1 “6”; 2007, c. 36, s. 85; 2009, c. 2, s. 344; 2018, c. 27, s. 630(F)
Amounts Covered by Program
Amount of paymentThe amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of an amount equal to seven times the maximum weekly insurable earnings under the Employment Insurance Act.ReductionExcept in the circumstances prescribed by regulation, the amount that may be paid under this Act to an individual is to be reduced by any amounts provided for by regulation.Greatest amountIf more than one situation that is described in paragraph 5(1)(b) applies to the former employer, the amount that may be paid is the greatest of the amounts determined in respect of each of those situations.2005, c. 47, s. 1 “7”; 2007, c. 36, s. 86; 2009, c. 2, s. 345; 2017, c. 26, s. 53; 2018, c. 27, s. 631
Application for Payment
ApplicationTo receive a payment, an individual is to apply to the Minister in the manner and during the period provided for in the regulations.2005, c. 47, s. 1 “8”; 2007, c. 36, s. 87; 2018, c. 27, s. 632(F)
Minister’s determination of eligibilityIf the Minister determines that the applicant is eligible to receive a payment, the Minister shall make the payment.2005, c. 47, s. 1 “9”; 2007, c. 36, s. 87
NotificationThe Minister is to inform the applicant of their eligibility or ineligibility to receive a payment.Notification to trustee or receiverThe Minister is to inform the trustee or receiver of the applicant’s eligibility or ineligibility to receive a payment.2005, c. 47, s. 1 “10”; 2007, c. 36, s. 87; 2018, c. 27, s. 633
Review by Minister
Request for reviewAn applicant who is informed under section 10 may request a review of their eligibility or ineligibility, as the case may be.2005, c. 47, s. 1 “11”; 2007, c. 36, s. 87
ReviewThe Minister may confirm, vary or rescind a determination of eligibility made under section 9. If the Minister varies the determination, the Minister shall make any payment resulting from the variation.2005, c. 47, s. 1 “12”; 2007, c. 36, s. 87
NotificationThe Minister is to inform the applicant and the trustee or receiver of a decision made under section 12.2018, c. 27, s. 634
Review is finalSubject to the right of appeal under section 14, the Minister’s confirmation, variation or rescission, as the case may be, is final and may not be questioned or reviewed in any court.2005, c. 47, s. 1 “13”; 2007, c. 36, s. 87
Appeal to Board
BoardFor the purposes of sections 14 to 20, the Board is considered to be composed of only the Chairperson and Vice-Chairpersons as its members.2017, c. 20, s. 379
Appeal on question of law or jurisdictionThe applicant may appeal the decision made by the Minister under section 12 to the Board only on a question of law or jurisdiction.RegulationsThe Board may make regulations respecting the period during which and the manner in which an appeal may be made.2005, c. 47, s. 1 “14”; 2007, c. 36, s. 872017, c. 20, s. 379
Assignment or appointmentThe Chairperson of the Board may assign a member of the Board or appoint an external adjudicator to determine an appeal that comes before the Board.Powers, duties and functionsA member of the Board and an external adjudicator have all the powers, duties and functions that are conferred on the Board by any of sections 14 to 18 with respect to any matter that has been assigned to them or for which they have been appointed, as the case may be, other than the power referred to in subsection 14(2).Decision of member or external adjudicatorA decision made by a member of the Board or an external adjudicator under any of sections 14 to 18 is deemed to be a decision made by the Board.Limitation of liabilityA member of the Board and an external adjudicator are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under any of sections 14 to 18.Remuneration and expenses — external adjudicatorAn external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson of the Board and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.2017, c. 20, s. 3792018, c. 27, s. 652
Minister informed of appealThe Board shall inform the Minister in writing when an appeal is brought and provide him or her with a copy of the request for appeal.Documents provided to BoardThe Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.Documents provided to MinisterThe Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.Power of MinisterThe Minister may, in an appeal, make representations to the Board in writing.2005, c. 47, s. 1 “15”2017, c. 20, s. 379
Appeal on the recordThe 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
Board’s decisionThe Board may confirm, vary or rescind the decision made by the Minister under section 12. If the Board varies the decision, the Minister shall make any payment resulting from the variation.2005, c. 47, s. 1 “17”; 2007, c. 36, s. 882017, c. 20, s. 380
Copies of decisionThe Board shall send a copy of its decision, and the reasons for it, to each party to the appeal, to the Minister and to the trustee or receiver.2005, c. 47, s. 1 “18”; 2017, c. 20, s. 380; 2018, c. 27, s. 6352018, c. 27, s. 652
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 the Board under any of sections 14 to 18.2005, c. 47, s. 1 “19”; 2007, c. 36, s. 89; 2017, c. 20, s. 380; 2018, c. 27, s. 6362018, c. 27, s. 652
Decision is finalThe Board’s decision is final and shall not be questioned or reviewed in any court.2005, c. 47, s. 1 “20”; 2007, c. 36, s. 892017, c. 20, s. 380
AdministrationDuties of Trustees and Receivers
General dutiesFor the purposes of this Act, a trustee or a receiver, as the case may be, shallidentify each individual who is owed eligible wages;determine the amount of eligible wages owing to each individual;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;provide the Minister and each individual other than one who is in a class prescribed by regulation with the amount of eligible wages owing to the individual and any other information prescribed by regulation;inform the Minister of when the trustee is discharged or the receiver completes their duties, as the case may be.Compliance with directionsA trustee or receiver shall comply with any directions of the Minister relating to the administration of this Act.Duty to assistA 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.Duty to assist — payroll contractorsA person who is dealing at arm’s length with and providing payroll services to a bankrupt or insolvent person and who has or has access to information described in paragraph (1)(d) shall,if requested by the trustee or receiver, provide the trustee or receiver with a description of the information described in paragraph (1)(d) that they have or have access to and an estimate of the cost of providing the information; andif requested by the trustee or receiver, provide the trustee or receiver with the information described in paragraph (1)(d) that they have or have access to.2005, c. 47, s. 1 “21”; 2007, c. 36, s. 89; 2009, c. 2, s. 346; 2018, c. 27, s. 637
Fees and expensesSubject to section 22.1, 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 or by the insolvent employer.2005, c. 47, s. 1 “22”; 2007, c. 36, s. 89; 2018, c. 27, s. 6382018, c. 27, s. 639
Minister to pay fees and expensesThe Minister shall, in the circumstances prescribed by regulation, pay any fees or expenses of the trustee or receiver that are prescribed by regulation in relation to the performance of their duties under this Act or the performance of their duties and functions or the exercise of their powers under the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act.2018, c. 27, s. 6382018, c. 27, s. 639
Powers of Minister
Directions to trustees and receiversThe Minister may give directions to trustees and receivers in respect of the performance of their duties under this Act.Directions not statutory instrumentsA direction given by the Minister is not a statutory instrument within the meaning of the Statutory Instruments Act.
Power to summon, etc.For the purposes of the administration of this Act, the Minister maysummon 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;require any person to provide the Minister with any information or document that the Minister considers necessary; andrequire any person to provide an affidavit or a statutory declaration attesting to the truth of any information provided by the person.Taking oaths, etc.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.Acceptance of oaths, etc.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 ofa department or other portion of the federal public administration specified in any of Schedules I, IV and V to the Financial Administration Act; ora department of the government of a province.
InspectionsA 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,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;use or cause to be used any computer system to examine any data contained in or available to the computer system;reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;take any document or other thing from the place for examination or, in the case of a document, for copying; anduse or cause to be used any copying equipment to make copies of any documents.Prior authorizationIf 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).Warrant to enter dwelling-houseA 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 thatthere are reasonable grounds to believe that the dwelling-house is a place referred to in subsection (1);entry into the dwelling-house is necessary for any purpose related to the administration of this Act; andentry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused.Orders if entry not authorizedIf 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,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; andmake any other order that is appropriate in the circumstances to carry out the purposes of this Act.
Duty to assistThe owner or person in charge of a place that is entered by the designated person and every person found there mustgive the designated person all reasonable assistance to enable him or her to exercise his or her powers and perform his or her duties; andprovide the designated person with any information relevant to the administration of this Act that he or she requires.
Information must be made available to MinisterPersonal 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]
Social Insurance NumberNo 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; 2018, c. 27, s. 640(F)
DelegationThe 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.
Audit of applicationsSubject to subsections (2) to (4), the Minister may, on his or her initiative, conduct an audit of any application for payment under this Act.Applications with paymentAn 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.ExceptionIf 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.Other applicationsAn 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.
No payment or partial paymentIf 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.2018, c. 27, s. 641
Overpayments
Determination of overpaymentIf 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 noticeinforming them of the determination; andspecifying the amount that they were not eligible to receive.NotificationThe Minister shall also inform the trustee or receiver of the determination and the amount that the individual was not eligible to receive.[Repealed, 2018, c. 27, s. 642]2005, c. 47, s. 1 “32”; 2007, c. 36, s. 91; 2018, c. 27, s. 642
Request for reviewAn individual who is informed of the Minister’s determination under subsection 32(1), other than a determination made as a result of a review under section 12, may request a review of the determination.2018, c. 27, s. 643
ReviewThe Minister may confirm, vary or rescind a determination made under subsection 32(1).2018, c. 27, s. 643
NotificationThe Minister shall inform the individual and the trustee or receiver of a decision made under section 32.2.2018, c. 27, s. 643
Review is finalSubject to the right of appeal under section 32.5, the Minister’s confirmation, variation or rescission, as the case may be, is final and may not be questioned or reviewed in any court.2018, c. 27, s. 643
BoardFor the purposes of sections 32.5 to 32.92, the Board is considered to be composed of only the Chairperson and Vice-Chairpersons as its members.2018, c. 27, s. 644
Appeal on question of law or jurisdictionThe individual may appeal the decision made by the Minister under section 32.2 to the Board only on a question of law or jurisdiction.RegulationsThe Board may make regulations respecting the period during which and the manner in which an appeal may be made.2018, c. 27, s. 6432018, c. 27, s. 644
Assignment or appointmentThe Chairperson of the Board may assign a member of the Board or appoint an external adjudicator to determine an appeal that comes before the Board.Powers, duties and functionsA member of the Board and an external adjudicator have all the powers, duties and functions that are conferred on the Board by any of sections 32.5 to 32.9 with respect to any matter that has been assigned to them or for which they have been appointed, as the case may be, other than the power referred to in subsection 32.5(2).Decision of member or external adjudicatorA decision made by a member of the Board or an external adjudicator under any of sections 32.5 to 32.9 is deemed to be a decision made by the Board.Limitation of liabilityA member of the Board and an external adjudicator are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under any of sections 32.5 to 32.9.Remuneration and expenses — external adjudicatorAn external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson of the Board and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.2018, c. 27, s. 644
Minister informed of appealThe Board shall inform the Minister in writing when an appeal is brought and provide him or her with a copy of the request for appeal.Board provided with documentsThe Minister shall, on request of the Board, provide the Board with a copy of any document that the Minister relied on for the purpose of making the decision being appealed.Minister provided with documentsThe Board shall, on request of the Minister, provide the Minister with a copy of any document that is filed with the Board in the appeal.Power of MinisterThe Minister may, in an appeal, make representations to the Board in writing.2018, c. 27, s. 6432018, c. 27, s. 644
Appeal on the recordThe appeal is to be an appeal on the record and no new evidence is admissible.2018, c. 27, s. 643
Board’s decisionThe Board may confirm, vary or rescind the decision made by the Minister under section 32.2.2018, c. 27, s. 6432018, c. 27, s. 645
Copies of decisionThe Board shall send a copy of its decision, and the reasons for it, to each party to the appeal, to the Minister and to the trustee or receiver.2018, c. 27, s. 6432018, c. 27, s. 645
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 the Board under any of sections 32.5 to 32.9.2018, c. 27, s. 6432018, c. 27, s. 645
Decision is finalThe Board’s decision is final and shall not be questioned or reviewed in any court.2018, c. 27, s. 6432018, c. 27, s. 645
Debt due to Her MajestyAn amount determined to be owing under section 32, 32.2 or 32.8 constitutes a debt due to Her Majesty in right of Canada and the debt may be recovered by the Minister of National Revenue.Certificate of defaultThe amount of any debt referred to in subsection (1) 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.2018, c. 27, s. 643
GarnishmentIf 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 subsection 32.93(1), 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; 2018, c. 27, s. 643
When debt may be recoveredAny action to recover a debt under subsection 32.93(2) or section 33 may be taken only after the end of the period within which an individual may request a review under section 32.1 or, if the individual requests a review within that period, after final disposition of the review and any appeals.2005, c. 47, s. 1 “34”; 2007, c. 36, s. 92(E); 2018, c. 27, s. 643
Financial Provisions
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.
SubrogationIf a payment is made under this Act to an individual in respect of eligible 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 eligible wages againstthe bankrupt or insolvent employer; andif the bankrupt or insolvent employer is a corporation, a director of the corporation.Notice to MinisterUnless the Minister directs otherwise, an individual who received a payment under this Act shall notify the Minister, in writing, of any action or other proceeding, other than the one in respect of which the individual received the payment, to recover eligible wages, including an action or other proceeding that is commenced by another person or organization and of which the individual is aware. The notice shall contain any information prescribed by regulation.Notice to Minister — decision or orderUnless the Minister directs otherwise, an individual who received a payment under this Act shall also notify the Minister, in writing, of any final decision or order, of which they are aware, respecting the recovery of eligible wages. The notice shall contain any information prescribed by regulation.Maintaining an actionFor 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; 2018, c. 27, s. 646
Payment to Her Majesty in right of CanadaIf, under a court judgment or for any other reason, a trustee, receiver or any other person is required to pay eligible wages to an individual who the trustee, receiver or other person has reason to believe has received a payment under this Act, the trustee, receiver or other person shallascertain whether Her Majesty in right of Canada is subrogated to any rights the individual may have in respect of the eligible wages; andif Her Majesty in right of Canada is subrogated, pay to Her Majesty the amount in respect of which Her Majesty is subrogated before making any payment to the individual in respect of eligible wages.Components of wagesA trustee, receiver or other person who makes a payment under paragraph (1)(b) shall provide the Minister with information respecting the components of wages to which the payment relates.2018, c. 27, s. 647
Amount not assignableAn 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
OffencesEvery person commits an offence whomakes 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;in relation to an application under this Act, makes a representation that the person knows to be false or misleading;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;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;obtains a payment under this Act by false pretence;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; orparticipates in, consents to or acquiesces in an act or omission mentioned in any of paragraphs (a) to (f).Trustees and receiversEvery person who fails to comply with any of the requirements of subsection 21(1), (3) or (4) commits an offence.Limitation of prosecutionsA 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.Due diligenceNo 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
ObstructionEvery 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.Limitation of prosecutionsA 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
PunishmentEvery person who is guilty of an offence under section 38 or 39 is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Regulations
RegulationsThe Governor in Council may make regulations generally for carrying out the purposes of this Act, including regulationsprescribing amounts for the purposes of subsection 2(1);prescribing reasons for the purposes of paragraph 5(1)(a);prescribing criteria for the purposes of subsections 5(2) and (5);defining controlling interest and managerial position for the purposes of section 6;prescribing circumstances and providing for amounts for the purposes of subsection 7(1.1);respecting the allocation of payments to the different components of wages;respecting the period during which and the manner in which applications for payments are to be made under section 8;respecting the period during which and the manner in which a review may be requested under section 11 or 32.1;prescribing the classes of individuals that the trustee or receiver is not required to inform under paragraph 21(1)(c) or to whom they are not required to provide information under paragraph 21(1)(d);respecting the information that is to be provided by trustees and receivers to the Minister and to individuals for the purposes of paragraph 21(1)(d) and respecting the period during which and the manner in which that information is to be provided;respecting the period during which and the manner in which the information referred to in paragraph 21(1)(c) and subsections 21(3) and (4) is to be provided;prescribing fees and expenses for the purposes of section 22.1 and the circumstances in which they are to be paid; andprescribing the period during which and the manner in which the Minister must be notified under subsection 36(1.1) or (1.2) and the information that must be contained in the notice.2005, c. 47, s. 1 “41”; 2007, c. 36, s. 94; 2009, c. 2, s. 347; 2017, c. 20, s. 381; 2018, c. 27, s. 6482018, c. 27, s. 652
Review of Act
ReviewWithin five years after the day on which this section comes into force, the Minister must cause a review of this Act and its administration and operation to be conducted, and cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.
RELATED PROVISIONS — 2005, c. 47, s. 132, as amended by 2007, c. 36, s. 107
Wage Earner Protection Program ActThe Wage Earner Protection Program Act, as enacted by section 1 of this Act, applies in respect of wages owing by an employer only ifthe employer becomes bankrupt on or after the day on which that section comes into force; orall or part of the employer’s property comes into the possession or under the control of a receiver on or after the day on which that section comes into force.
 — 2009, c. 2, s. 357
ApplicationThe provisions of the Wage Earner Protection Program Act and the Wage Earner Protection Program Regulations as amended by sections 342 to 354 applyin respect of wages owing to an individual by an employer who becomes bankrupt after January 26, 2009; andin respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act after January 26, 2009.
 — 2011, c. 24, s. 164
TransitionalThe Wage Earner Protection Program Act, as amended by section 163, appliesin respect of wages owing to an individual by an employer who becomes bankrupt after June 5, 2011; andin respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver as defined in subsection 243(2) of the Bankruptcy and Insolvency Act, after June 5, 2011.
 — 2017, c. 20, s. 391
Appeals — eligibility to receive paymentsThe Wage Earner Protection Program Act, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under section 14 of that Act.
 — 2017, c. 20, s. 393
Persons who occupy a positionAll of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of the Minister of Labour under sections 14 to 20 of the Wage Earner Protection Program Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.No change in statusNothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.Transfer of moneyAny money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under sections 14 to 20 of the Wage Earner Protection Program Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.
 — 2018, c. 27, s. 649
Application — subsection 7(1)Subsection 7(1) of the Wage Earner Protection Program Act as amended by subsection 631(1) appliesin respect of eligible wages owing to an individual by an employer who becomes bankrupt after February 26, 2018 but before the day on which subsection 631(2) comes into force; andin respect of eligible wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver, within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act, after February 26, 2018 but before the day on which subsection 631(2) comes into force.
 — 2018, c. 27, s. 650
Application — definition eligible wagesThe definition eligible wages as amended by subsections 627(1) and (3) applies in respect of wages owing to an individual by an employer only ifthe employer becomes bankrupt on or after the day on which those subsections come into force; orany of the employer’s property comes under the possession or control of a receiver, within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act, on or after that day.
2018, c. 27, s. 6262021-11-202018, c. 27, s. 627(2)2021-11-202018, c. 27, s. 6282021-11-202018, c. 27, s. 631(2)2021-11-202018, c. 27, s. 6392021-11-202018, c. 27, s. 6482021-11-202018, c. 27, ss. 648(1), (2)2021-11-202017, c. 20, s. 3782019-07-292017, c. 20, s. 3792019-07-292017, c. 20, s. 3802019-07-29