Old Age Security Act (R.S.C., 1985, c. O-9)

Marginal note:Negative resolution of Parliament

43. When each House of Parliament enacts rules whereby any regulation made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, section 42 of this Act is thereupon repealed and an order made thereafter under section 41 is an order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act.

Marginal note:Offences

• 44. (1) Every person who

  • (a) knowingly makes a false or misleading statement in any application or statement required or permitted by this Act or makes any such application or statement that by reason of any non-disclosure of facts is false or misleading or obtains any benefit payment by false pretences, or

  • (b) being the payee thereof, negotiates or attempts to negotiate any cheque to which that person is not entitled,

  • (c) [Repealed, 1998, c. 21, s. 118]

  is guilty of an offence punishable on summary conviction.

• Marginal note:Form of information or complaint

  (2) No information or complaint for an offence under this Act is open to objection on the ground that the information or complaint is for more than one matter of complaint or that it relates to more than one offence.

• Marginal note:Limitation period

  (3) Any proceedings under this Act in respect of an offence may be commenced at any time within, but not later than, five years after the Minister becomes aware of the subject-matter of the proceedings.

• Marginal note:Saving

  (4) No proceeding shall be commenced under this section or the Criminal Code for an act or omission if a penalty for that act or omission has been imposed under section 44.1.

Marginal note:Penalties

• 44.1 (1) The Minister may impose on a person a penalty for each of the following acts or omissions if the Minister becomes aware of facts that in the Minister’s opinion establish that the person has

  • (a) made a statement or declaration in an application or otherwise that the person knew was false or misleading;

  • (b) made a statement or declaration in an application or otherwise that the person knew was false or misleading because of the non-disclosure of facts;

  • (c) knowingly failed to declare to the Minister all or some of the person’s income;

  • (d) received or obtained by cheque or otherwise a benefit payment to which the person knew that they were not entitled, or a benefit payment that the person knew was in excess of the amount of the benefit payment to which they were entitled, and did not return the cheque or the amount of the benefit payment, or the excess amount, as the case may be, without delay; or

  • (e) participated in, assented to or acquiesced in an act or omission mentioned in any of paragraphs (a) to (d).

• Marginal note:Purpose of penalty

  (1.1) The purpose of the penalty is to promote compliance with this Act and not to punish.

• Marginal note:Maximum penalty

  (2) The Minister may set the amount of the penalty for each act or omission at not more than $10,000.

• Marginal note:Limitation on imposition of penalties

  (3) A penalty shall not be imposed on a person under subsection (1) if

  • (a) a prosecution for the act or omission has been initiated against the person; or

  • (b) five years have passed since the day on which the Minister became aware of the act or omission.

• Marginal note:Rescission, etc., of penalty

  (4) The Minister may rescind the imposition of a penalty under subsection (1), or reduce the penalty,

  • (a) on the presentation of new facts;

  • (b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact;

  • (c) on being satisfied that the penalty cannot be collected within the reasonably foreseeable future; or

  • (d) on being satisfied that payment of the penalty would cause undue hardship to the debtor.