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

Act current to 2022-11-16 and last amended on 2021-11-20. Previous Versions

Administration (continued)

Overpayments (continued)

Marginal note:Request for review

 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

Marginal note:Review

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

  • 2018, c. 27, s. 643

Marginal note:Notification

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

  • 2018, c. 27, s. 643

Marginal note:Review is final

 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

Marginal note:Board

 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

  •  (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

  •  (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

  •  (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.

Marginal note:Appeal on the record

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

  • 2018, c. 27, s. 643

Marginal note:Board’s decision

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

Marginal note:Copies of decision

 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.

 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

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

Marginal note:Debt due to Her Majesty

  •  (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.

  • 2018, c. 27, s. 643

Marginal note:Garnishment

 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

Marginal note:When debt may be recovered

 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

Financial Provisions

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

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

Marginal note:Subrogation

  •  (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.

  • 2005, c. 47, s. 1 “36”
  • 2007, c. 36, s. 93
  • 2018, c. 27, s. 646

Marginal note:Payment to Her Majesty in right of Canada

  •  (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.

  • 2018, c. 27, s. 647

Marginal note:Amount not assignable

 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

Offences and Penalties

Marginal note:Offences

  •  (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.

  • 2005, c. 47, s. 1 “38”
  • 2007, c. 36, s. 93

Marginal note:Obstruction

  •  (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.

  • 2005, c. 47, s. 1 “39”
  • 2007, c. 36, s. 93

Marginal note:Punishment

 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

 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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