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

Marginal note:No review by certiorari, etc.

32.91 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.

Marginal note:Decision is final

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

Marginal note:Debt due to Her Majesty

• 32.93 (1) An 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.

• Marginal note:Certificate of default

  (2) The 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.

Marginal note:Garnishment

33 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 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.

Marginal note:When debt may be recovered

34 Any 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.

Financial Provisions

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

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

Marginal note:Subrogation

• 36 (1) If 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 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:Notice to Minister

  (1.1) Unless 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.

• Marginal note:Notice to Minister — decision or order

  (1.2) Unless 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.

• 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.

Marginal note:Payment to Her Majesty in right of Canada

• 36.1 (1) If, 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 shall

  • (a) ascertain whether Her Majesty in right of Canada is subrogated to any rights the individual may have in respect of the eligible wages; and

  • (b) if 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.

• Marginal note:Components of wages

  (2) A 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.

Marginal note:Amount not assignable

37 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.

Offences and Penalties

Marginal note:Offences

• 38 (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.

Marginal note:Obstruction

• 39 (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.

Marginal note:Punishment

40 Every 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

Marginal note:Regulations

41 The Governor in Council may make regulations generally for carrying out the purposes of this Act, including regulations

• (a) prescribing amounts for the purposes of subsection 2(1);

• (b) prescribing reasons for the purposes of paragraph 5(1)(a);

• (b.1) prescribing criteria for the purposes of subsections 5(2) and (5);

• (c) defining controlling interest and managerial position for the purposes of section 6;

• (d) prescribing circumstances and providing for amounts for the purposes of subsection 7(1.1);

• (e) respecting the allocation of payments to the different components of wages;

• (f) respecting the period during which and the manner in which applications for payments are to be made under section 8;

• (g) respecting the period during which and the manner in which a review may be requested under section 11 or 32.1;

• (h) 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);

• (i) 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;

• (j) 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;

• (k) prescribing fees and expenses for the purposes of section 22.1 and the circumstances in which they are to be paid; and

• (l) prescribing 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.

Review of Act

Marginal note:Review

42 Within 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.