GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wage Earner Protection Program Act — W-0.8 22.1
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 . 2018, c. 27, s. 638 2018, c. 27, s. 639
Wage Earner Protection Program Act — W-0.8 23
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. Directions not statutory instruments (2) A direction given by the Minister is not a statutory instrument within the meaning of the Statutory Instruments Act .
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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. 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. 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.
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Inspections 25 (1) A 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, (a) 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; (b) use or cause to be used any computer system to examine any data contained in or available to the computer system; (c) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output; (d) take any document or other thing from the place for examination or, in the case of a document, for copying; and (e) use or cause to be used any copying equipment to make copies of any documents. Prior authorization (2) If 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-house (3) A 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 that (a) there are reasonable grounds to believe that the dwelling-house is a place referred to in subsection (1); (b) entry into the dwelling-house is necessary for any purpose related to the administration of this Act; and (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused. Orders if entry not authorized (4) If 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, (a) 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; and (b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act.
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Duty to assist 26 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.
Wage Earner Protection Program Act — W-0.8 27
Information must be made available to Minister 27 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
Wage Earner Protection Program Act — W-0.8 29
Social Insurance Number 29 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; 2018, c. 27, s. 640(F)
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Delegation 30 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.
Wage Earner Protection Program Act — W-0.8 31
Audit of applications 31 (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. 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. 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. 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.
Wage Earner Protection Program Act — W-0.8 31.1
No payment or partial payment 31.1 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. 2018, c. 27, s. 641
Wage Earner Protection Program Act — W-0.8 32
Determination of overpayment 32 (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. Notification (2) The Minister shall also inform the trustee or receiver of the determination and the amount that the individual was not eligible to receive. (3) [Repealed, 2018, c. 27, s. 642] 2005, c. 47, s. 1 “32”; 2007, c. 36, s. 91; 2018, c. 27, s. 642
Wage Earner Protection Program Act — W-0.8 32.1
Request for review 32.1 An 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
Wage Earner Protection Program Act — W-0.8 32.2
Review 32.2 The Minister may confirm, vary or rescind a determination made under subsection 32(1). 2018, c. 27, s. 643
Wage Earner Protection Program Act — W-0.8 32.3
Notification 32.3 The Minister shall inform the individual and the trustee or receiver of a decision made under section 32.2. 2018, c. 27, s. 643
Wage Earner Protection Program Act — W-0.8 32.4
Review is final 32.4 Subject 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
Wage Earner Protection Program Act — W-0.8 32.41
Board 32.41 For 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
Wage Earner Protection Program Act — W-0.8 32.5
Appeal on question of law or jurisdiction 32.5 (1) The individual may appeal the decision made by the Minister under section 32.2 to the Board only on a question of law or jurisdiction. Regulations (2) The Board may make regulations respecting the period during which and the manner in which an appeal may be made. 2018, c. 27, s. 643 2018, c. 27, s. 644
Wage Earner Protection Program Act — W-0.8 32.51
Assignment or appointment 32.51 (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. 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 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 adjudicator (3) A 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 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 32.5 to 32.9. 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. 2018, c. 27, s. 644
Wage Earner Protection Program Act — W-0.8 32.6
Minister informed of appeal 32.6 (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. Board provided with documents (2) The 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 documents (3) The 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 Minister (4) The Minister may, in an appeal, make representations to the Board in writing. 2018, c. 27, s. 643 2018, c. 27, s. 644
Wage Earner Protection Program Act — W-0.8 32.7
Appeal on the record 32.7 The appeal is to be an appeal on the record and no new evidence is admissible. 2018, c. 27, s. 643
Wage Earner Protection Program Act — W-0.8 32.8
Board’s decision 32.8 The Board may confirm, vary or rescind the decision made by the Minister under section 32.2. 2018, c. 27, s. 643 2018, c. 27, s. 645
Wage Earner Protection Program Act — W-0.8 32.9
Copies of decision 32.9 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. 2018, c. 27, s. 643 2018, c. 27, s. 645
Wage Earner Protection Program Act — W-0.8 32.91
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. 2018, c. 27, s. 643 2018, c. 27, s. 645
Wage Earner Protection Program Act — W-0.8 32.92
Decision is final 32.92 The Board’s decision is final and shall not be questioned or reviewed in any court. 2018, c. 27, s. 643 2018, c. 27, s. 645
Wage Earner Protection Program Act — W-0.8 32.93
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. 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. 2018, c. 27, s. 643
Wage Earner Protection Program Act — W-0.8 33
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. 2005, c. 47, s. 1 “33”; 2007, c. 36, s. 91; 2018, c. 27, s. 643
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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. 2005, c. 47, s. 1 “34”; 2007, c. 36, s. 92(E); 2018, c. 27, s. 643
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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.
Wage Earner Protection Program Act — W-0.8 36
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. 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. 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. 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; 2018, c. 27, s. 646
Wage Earner Protection Program Act — W-0.8 36.1
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. 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. 2018, c. 27, s. 647
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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. 2005, c. 47, s. 1 “37”; 2007, c. 36, s. 93
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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). 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. 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. 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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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. 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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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.
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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. 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. 648 2018, c. 27, s. 652
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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.
Wage Earner Protection Program Act — W-0.8 132
Wage Earner Protection Program Act 132 The Wage Earner Protection Program Act , as enacted by section 1 of this Act, applies in respect of wages owing by an employer only if (a) the employer becomes bankrupt on or after the day on which that section comes into force; or (b) all 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.
Wage Earner Protection Program Act — W-0.8 357
Application 357 The provisions of the Wage Earner Protection Program Act and the Wage Earner Protection Program Regulations as amended by sections 342 to 354 apply (a) in respect of wages owing to an individual by an employer who becomes bankrupt after January 26, 2009; and (b) in 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.
Wage Earner Protection Program Act — W-0.8 164
Transitional 164 The Wage Earner Protection Program Act , as amended by section 163 , applies (a) in respect of wages owing to an individual by an employer who becomes bankrupt after June 5, 2011; and (b) in 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.
Wage Earner Protection Program Act — W-0.8 391
Appeals — eligibility to receive payments 391 The 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.