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

Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

28 [Repealed, 2005, c. 47, s. 140]

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Overpayments

Marginal note: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.

• 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.

• (3) [Repealed, 2018, c. 27, s. 642]

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: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.

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: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.