Employment Insurance Act (S.C. 1996, c. 23)

122 [Repealed, 2012, c. 19, s. 247]

123 [Repealed, 2012, c. 19, s. 247]

Investigations

Marginal note:Investigation by Commission

• 124 (1) The Governor in Council may direct the Commission to investigate and report on all matters that the Governor in Council deems advisable or necessary.

• Marginal note:Powers

  (2) The Commission has all the powers of a commissioner under Part I of the Inquiries Act for the purpose of conducting an investigation under this Act.

• Marginal note:Notice

  (3) The Commission shall give such public notice as it considers sufficient of its intention to investigate any matters that under this Act it is empowered to investigate, and it shall receive representations submitted to it by persons or associations of persons appearing to the Commission to have an interest in the matters under investigation.

• Marginal note:Report

  (4) The Minister shall lay every report made under this section before Parliament within 30 days after it is submitted to the Governor in Council or, if Parliament is not then sitting, on any of the first 30 days that either House of Parliament is sitting after its submission.

Enforcement

Marginal note:Information or complaint

• 125 (1) An information or complaint under this Act, other than Part IV, may be laid or made by a member of the Royal Canadian Mounted Police or by a person acting for the Commission and, if an information or complaint appears to have been laid or made under this Act, other than Part IV, it is deemed to have been laid or made by a person acting for the Commission and shall not be called into question for lack of authority of the informant or complainant except by the Commission or by a person acting for it or for Her Majesty.

• Marginal note:Two or more offences

  (2) An information or complaint about an offence under this Act, other than Part IV, may be for one or more offences and no information, complaint, warrant, conviction or other proceeding in a prosecution under this Act, other than Part IV, is objectionable or insufficient because it relates to two or more offences.

• Marginal note:Territorial jurisdiction

  (3) An information or complaint about an offence under this Act, other than Part IV, may be heard, tried or determined by any provincial court judge, as defined in section 2 of the Criminal Code, if the accused is resident, carrying on business, found, apprehended or in custody within the judge’s territorial jurisdiction although the matter of the information or complaint did not arise within that jurisdiction.

• Marginal note:Limitation of prosecutions

  (4) A prosecution for an offence under this Act, other than Part IV, may be commenced at any time within five years after the Commission became aware of the subject-matter of the prosecution.

• Marginal note:Certificate

  (5) A document appearing to have been issued by the Commission, certifying the day on which it became aware of the subject-matter of the prosecution, is admissible in evidence and shall be considered conclusive proof of that fact without proof of the signature or the official character of the person appearing to have signed the document and without any other proof.

• Marginal note:Proof of personal service

  (6) If provision is made by this Act, other than Part IV, or the regulations for personal service of a request for information, notice or demand, an affidavit of a person acting for the Commission stating that

  • (a) the person has charge of the appropriate records and has knowledge of the facts in the particular case,

  • (b) such a request, notice or demand was served personally on a named day on the person to whom it was directed, and

  • (c) the person identifies as an exhibit attached to the affidavit a true copy of the request, notice or demand,

  is evidence of the personal service and of the request, notice or demand.

• Marginal note:Proof of failure to comply

  (7) If a person is required by this Act, other than Part IV, or the regulations to make a return, statement, answer or certificate, an affidavit of a person acting for the Commission stating that the person

  • (a) has charge of the appropriate records, and

  • (b) after a careful examination and search of the records, has been unable to find in a given case that the return, statement, answer or certificate, as the case may be, has been filed or made by the person required to do so,

  is evidence that in that case the person did not do so.

• Marginal note:Proof of time of compliance

  (8) If a person is required by this Act, other than Part IV, or the regulations to make a return, statement, answer or certificate, an affidavit of a person acting for the Commission stating that the person

  • (a) has charge of the appropriate records, and

  • (b) after careful examination of the records, has found that the return, statement, answer or certificate was filed or made on a particular day,

  is evidence that it was filed or made on that day and not before.

• Marginal note:Proof of documents

  (9) An affidavit of a person acting for the Commission stating that

  • (a) the person has charge of the appropriate records, and

  • (b) a document annexed to the affidavit is a document or true copy of a document made by or for an employer, the Commission or a person acting for the Commission,

  is evidence of the nature and contents of the document and is admissible in evidence and has the same probative force as the original document would have if it were proven in the ordinary way.

• Marginal note:Presumption

  (10) If evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is acting for the Commission, it is not necessary to prove

  • (a) the person’s signature;

  • (b) that the person is acting for the Commission; or

  • (c) the signature or official character of the person before whom the affidavit was sworn.

• Marginal note:Judicial notice

  (11) Judicial notice shall be taken of all orders made under this Act, other than Part IV, without the orders being specially pleaded or proven.

• Marginal note:Proof of documents

  (12) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision or other document executed under, or in the course of, the administration or enforcement of this Act, other than Part IV, over the name in writing of the Commission, or a person acting for the Commission under this Act, other than Part IV, is deemed to be a document signed, made and issued by the Commission or the person unless it has been called into question by the Commission or by a person acting for it or for Her Majesty.

• Marginal note:Forms authorized

  (13) A form that appears to be authorized by the Commission is deemed to be a form authorized by the Commission under this Act, other than Part IV, unless called into question by the Commission or a person acting for it or for Her Majesty.

• Marginal note:Proof of return in prosecution

  (14) In a prosecution for an offence under this Act, other than Part IV, the production of a return, certificate, statement or answer required by or under this Act, other than Part IV, or the regulations appearing to have been filed or delivered by or for the person charged with the offence or to have been made or signed by or for the person is, in the absence of evidence to the contrary, proof that the return, certificate, statement or answer was filed or delivered by or for that person or was made or signed by or for them.

• (15) [Repealed, 2012, c. 19, s. 248]

• Marginal note:Proof of records

  (16) In a prosecution for an offence under this Act, an affidavit of a person acting for the Commission stating that

  • (a) the person has charge of the appropriate records, and

  • (b) an examination of the records shows that an amount required under this Act to be remitted to the Receiver General on account of fines, penalties, interest and repayment of overpayments of benefits has not been received by the Receiver General,

  is evidence of the statements contained in the affidavit.

• Marginal note:Officers, etc., of corporations

  (17) If a corporation commits an offence under this Act, other than Part IV, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Certificates

• 126 (1) An amount or part of an amount payable under Part I, II or VII.1 that has not been paid may be certified by the Commission

  • (a) without delay, if in the opinion of the Commission the person liable to pay the amount is attempting to avoid payment; and

  • (b) in any other case, on the expiration of 30 days after the default.

• Marginal note:Judgments

  (2) On production to the Federal Court, the resulting certificate shall be registered in the Court and when registered has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate plus interest to the day of payment as provided for in this Act.

• Marginal note:Costs

  (3) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under this section.

• Marginal note:Garnishment

  (4) If the Commission has knowledge or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment under Part I, II or VII.1 or under subsection (7), it may, by a notice served personally or sent by a confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person’s liability.

• Marginal note:Applicability to future payments

  (5) If the Commission has, under subsection (4), required an employer to pay to the Receiver General on account of an insured person’s liability under Part I or II or an individual’s liability under Part VII.I, money otherwise payable by the employer to the insured person or the individual, as the case may be, as remuneration,

  • (a) the requirement is applicable to all future payments by the employer to the insured person or individual, as the case may be, as remuneration until the liability under that Part is satisfied; and

  • (b) the employer shall make payments to the Receiver General out of each payment of remuneration of the amount that may be stipulated by the Commission in the notice mentioned in subsection (4).

• Marginal note:Discharge of liability

  (6) The receipt of the Commission for money paid as required under subsection (4) or (5) is a good and sufficient discharge of the original liability to the extent of the payment.

• Marginal note:Debt due to the Crown

  (7) An amount not paid as required by a notice under subsection (4) or (5) is a debt due to Her Majesty.

• Marginal note:Service of person carrying on business under another name

  (8) A notice mentioned in subsection (4) may be addressed to the name or style under which a person carries on business if the person carries on business under a name or style other than their own name and, in the case of personal service, the notice is validly served if it is left with an adult person employed at the place of business of the addressee.

• Marginal note:Service of partnership

  (9) A notice mentioned in subsection (4) may be addressed to a partnership name if the person who is to receive it carries on business in partnership under that name and, in the case of personal service, the notice is validly served if it is served on one of the partners or left with an adult person employed at the place of business of the partnership.

• Marginal note:Inspections

  (10) An authorized person may, at any reasonable time, for any purpose relating to the administration or enforcement of this Act, other than Part IV, inspect or examine any document that relates or may relate to the information that is or should be contained in the records or books of account or to the amount of any benefits payable under this Act and, for those purposes, the authorized person may

  • (a) subject to subsection (11), enter any premises or place where the authorized person believes, on reasonable grounds, that persons are or were employed or where any records or books of account are or should be kept; and

  • (b) require the owner, occupant or person in charge of the premises or place to give the authorized person all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act, other than Part IV, and, for that purpose, require the owner, occupant or person in charge to attend at the premises or place with the authorized person.

• Marginal note:Warrant required to enter dwelling-house

  (11) If the premises or place is a dwelling-house, an authorized person may only enter with the consent of the occupant or under the authority of a warrant issued under subsection (12).

• Marginal note:Warrant or order

  (12) If, on ex parte application by the Commission, a judge is satisfied by information on oath that

  • (a) there are reasonable grounds for believing that a dwelling-house is a premises or place mentioned in subsection (10),

  • (b) entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, other than Part IV, and

  • (c) entry into the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,

  the judge may issue a warrant authorizing an authorized person to enter the dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Order for access to documents, etc.

  (13) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, other than Part IV, the judge may

  • (a) order the occupant of the dwelling-house to provide an authorized person with reasonable access to any document that is or should be kept in the dwelling-house, and

  • (b) make such other order as is appropriate in the circumstances to carry out the purposes of this Act, other than Part IV,

  to the extent that access has been or may be expected to be refused and that the document is or may be expected to be kept in the dwelling-house.

• Marginal note:Requirement to provide documents and information

  (14) Notwithstanding any other provision of this Act, but subject to subsection (15), the Commission may for any purpose relating to the administration or enforcement of this Act, other than Part IV, by notice served personally or by confirmed delivery service, require that any person provide, within such reasonable time as is stated in the notice,

  • (a) any information or additional information, including any information return or supplementary return; or

  • (b) any document.

• Marginal note:Unnamed persons

  (15) The Commission shall not impose on any person, in this section referred to as a “third party”, a requirement under subsection (14) to provide information or any document relating to one or more unnamed persons unless it first obtains the authorization of a judge under subsection (16).

• Marginal note:Judicial authorization

  (16) On ex parte application by the Commission, a judge may, subject to such conditions as the judge considers appropriate, authorize the Commission to impose on a third party a requirement under subsection (14) relating to an unnamed person or more than one unnamed person, in this section referred to as the “group”, if the judge is satisfied by information on oath that

  • (a) the person or group is ascertainable; and

  • (b) the requirement is made to verify compliance by the person or persons in the group with any duty or obligation under this Act, other than Part IV.

  • (c) and (d) [Repealed, 1998, c. 19, s. 271]

• Marginal note:Service of authorization

  (17) If the authorization is granted, it shall be served together with the notice mentioned in subsection (14).

• Marginal note:Review of authorization

  (18) If the authorization is granted, a third party on whom it is served may, within 15 days after it is served, apply for a review of the authorization to the judge who granted it or, if the judge is unable to act, to another judge of the same court.

• Marginal note:Powers on review

  (19) On hearing the application, the judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (16)(a) and (b) have been met and the judge may confirm or vary the authorization if satisfied that those conditions have been met.

• Marginal note:Copies as evidence

  (20) If a document is inspected, examined or provided in accordance with subsection (10) or (14),

  • (a) the person by whom it is inspected or examined or to whom it is provided, or any other person acting for the Commission, may make one or more copies, or have them made; and

  • (b) any document appearing to be certified by the Commission or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.

• Marginal note:Compliance

  (21) No person shall hinder, molest or interfere with any person doing anything that the person is authorized to do by or under this section or prevent or attempt to prevent any person from doing any such thing and, notwithstanding any other Act or law, every person shall, unless unable to do so, do everything required by or under this section.

• Marginal note:Definitions

  (22) In this section,

  authorized person

  authorized person means a person authorized in writing by the Commission for the purposes of this section; (personne autorisée)

  judge

  judge means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court. (juge)