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

Review by Minister

Marginal note:Request for review

11 An applicant who is informed under section 10 may request a review of their eligibility or ineligibility, as the case may be.

Marginal note:Review

12 The 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.

Marginal note:Notification

12.1 The Minister is to inform the applicant and the trustee or receiver of a decision made under section 12.

Marginal note:Review is final

13 Subject 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.

Appeal to Board

Marginal note:Board

13.1 For the purposes of sections 14 to 20, the Board is considered to be composed of only the Chairperson and Vice-Chairpersons as its members.

Marginal note:Appeal on question of law or jurisdiction

• 14 (1) The applicant may appeal the decision made by the Minister under section 12 to the Board only on a question of law or jurisdiction.

• Marginal note:Regulations

  (2) The Board may make regulations respecting the period during which and the manner in which an appeal may be made.

Marginal note:Assignment or appointment

• 14.1 (1) The 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.

• Marginal note:Powers, duties and functions

  (2) A 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).

• Marginal note:Decision of member or external adjudicator

  (3) A 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.

• Marginal note:Limitation of liability

  (4) A 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.

• Marginal note:Remuneration and expenses — external adjudicator

  (5) An 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.

Marginal note:Minister informed of appeal

• 15 (1) The 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.

• Marginal note:Documents provided to Board

  (2) The 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.

• Marginal note:Documents provided to Minister

  (3) The 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.

• Marginal note:Power of Minister

  (4) The Minister may, in an appeal, make representations to the Board in writing.

Marginal note:Appeal on the record

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

Marginal note:Board’s decision

17 The 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.

Marginal note:Copies of decision

18 The 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.

Marginal note:No review by certiorari, etc.

19 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.

Marginal note:Decision is final

20 The Board’s decision is final and shall not be questioned or reviewed in any court.

Administration

Duties of Trustees and Receivers

Marginal note:General duties

• 21 (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 amount of eligible wages owing to the individual and any other information prescribed by regulation;

  • (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) A 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,

  • (a) 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; and

  • (b) if 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.

Marginal note:Fees and expenses

22 Subject 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.

Marginal note:Minister to pay fees and expenses

22.1 The 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.

Powers of Minister

Marginal note:Directions to trustees and receivers

• 23 (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.

• 24 (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.