Language selection

Government of Canada

Search

This Web page has been archived on the Web.

Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 162005, c. 47, s. 1Wage Earner Protection Program Act (continued)

Amendments to the Act (continued)

  • 642 (1) The portion of subsection 32(1) of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Trop-perçu

    • 32 (1) S’il décide qu’une personne physique a perçu des sommes en trop, le ministre lui fait parvenir un avis écrit :

  • (2) Subsections 32(2) and (3) of the Act are replaced by the following:

    • Marginal note: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.

643 Sections 33 and 34 of the Act are replaced by the following:

Marginal note: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.

Marginal note:Review

32.2 The Minister may confirm, vary or rescind a determination made under subsection 32(1).

Marginal note:Notification

32.3 The Minister shall inform the individual and the trustee or receiver of a decision made under section 32.2.

Marginal note: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.

Marginal note:Appeal on question of law or jurisdiction

32.5 The individual may appeal the decision made by the Minister under section 32.2 to an adjudicator only on a question of law or jurisdiction.

Marginal note:Appointment of adjudicator

32.6 An appeal is to be heard by an adjudicator appointed by the Minister.

Marginal note:Appeal on the record

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

Marginal note:Adjudicator’s decision

32.8 The adjudicator may confirm, vary or rescind the decision made by the Minister under section 32.2.

Marginal note:Copies of decision

32.9 The adjudicator must send a copy of his or her decision, and the reasons for it, to each party to the appeal and to the trustee or receiver.

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 an adjudicator under any of sections 32.5 to 32.9.

Marginal note:Decision is final

32.92 The adjudicator’s decision is final and may 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.

644 Sections 32.5 and 32.6 of the Act are replaced by the following:

Marginal note: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.

Marginal note: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.

  • 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

  • 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.

  • 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 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).

  • 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 32.5 to 32.9 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 32.5 to 32.9.

  • 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

  • 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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Power of Minister

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

645 Sections 32.8 to 32.92 of the Act are replaced by the following:

Marginal note:Board’s decision

32.8 The Board may confirm, vary or rescind the decision made by the Minister under section 32.2.

Marginal note: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.

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.

  • 646 (1) The portion of subsection 36(1) of the Act before paragraph (a) is replaced by the following:

    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

  • (2) Section 36 of the Act is amended by adding the following after subsection (1):

    • 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.

647 The Act is amended by adding the following after section 36:

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.

  • 648 (1) Paragraph 41(b) of the Act is replaced by the following:

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

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

  • (2) Paragraph 41(d) of the Act is replaced by the following:

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

  • (3) Paragraph 41(g) of the Act is replaced by the following:

    • (g) respecting the period during which and the manner in which a review may be requested under section 11 or 32.1 or an appeal may be made under section 14 or 32.5;

  • (4) Paragraphs 41(h) and (i) of the French version of the Act are replaced by the following:

    • h) prévoir les catégories de personnes physiques que le syndic ou le séquestre est dispensé d’informer en application de l’alinéa 21(1)c) et celles à qui il est dispensé de transmettre les renseignements visés à l’alinéa 21(1)d);

    • i) régir les renseignements que le syndic ou le séquestre est tenu de transmettre au ministre et à la personne physique pour l’application de l’alinéa 21(1)d), ainsi que régir les modalités — de temps et autres — applicables à leur fourniture;

  • (5) Section 41 of the Act is amended by striking out “and” at the end of paragraph (j) and replacing paragraph (k) with the following:

    • (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.

Transitional Provisions

Marginal note:Application — subsection 7(1)

649 Subsection 7(1) of the Wage Earner Protection Program Act as amended by subsection 631(1) applies

  • (a) in 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; and

  • (b) in 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.

Marginal note:Application — definition eligible wages

650 The definition eligible wages as amended by subsections 627(1) and (3) applies in respect of wages owing to an individual by an employer only if

  • (a) the employer becomes bankrupt on or after the day on which those subsections come into force; or

  • (b) any 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.

Coordinating Amendments

Marginal note:This Act

651 If section 643 of this Act comes into force on the same day as sections 644 and 645 of this Act, then that section 643 is deemed to have come into force before those sections 644 and 645.

Marginal note:2017, c. 20

  • 652 (1) In this section, other Act means the Budget Implementation Act, 2017, No. 1.

  • (2) On the first day on which both section 635 of this Act and section 380 of the other Act are in force, section 18 of the Wage Earner Protection Program Act is replaced by the following:

    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.

  • (3) On the first day on which both section 636 of this Act and section 380 of the other Act are in force, section 19 of the Wage Earner Protection Program Act is replaced by the following:

    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.

  • (4) On the first day on which both section 644 of this Act and section 379 of the other Act are in force, subsections 14.1(2) to (4) of the Wage Earner Protection Program Act are replaced by the following:

    • 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.

  • (5) On the first day on which both subsection 648(3) of this Act and section 381 of the other Act are in force, paragraph 41(g) of the Wage Earner Protection Program Act is replaced by the following:

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

Table of Contents

 

Page Details

Date modified: