Wage Earner Protection Program Act

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• 1Short title

  This Act may be cited as the Wage Earner Protection Program Act.

• 2Definitions
• 2(1)

  The following definitions apply in this Act.

• 2(1)[p3]

  Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)

• 2(1)[p4]

  eligible wages means

• 2(1)[p4](a)

  wages other than termination pay and severance pay that were earned during the longer of the following periods:

• 2(1)[p4](a)(i)

  the six-month period ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer,

• 2(1)[p4](a)(ii)

  the period beginning on the day that is six months before one of the following days and ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer:

• 2(1)[p4](a)(ii)(A)

  the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed,

• 2(1)[p4](a)(ii)(B)

  the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced, and

• 2(1)[p4](a)(iii)

  the period beginning on the day that is six months before one of the following days and ending on the day on which a court makes a determination under subsection 5(5):

• 2(1)[p4](a)(iii)(A)

  the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed,

• 2(1)[p4](a)(iii)(B)

  the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced; and

• 2(1)[p13]
• 2(1)[p4](b)

  termination pay and severance pay that relate to employment that ended

• 2(1)[p4](b)(i)

  during the period referred to in paragraph (a), or

• 2(1)[p4](b)(ii)

  during the period beginning on the day after the day on which the period referred to in paragraph (a) ends and ending on the day on which the trustee is discharged or the receiver completes their duties, as the case may be. (salaire admissible)

• 2(1)[p16]

  wages includes salaries, commissions, compensation for services rendered, vacation pay, termination pay, severance pay and any other amounts prescribed by regulation. (salaire)

• 2(1.1)Precision

  For the purpose of the definition eligible wages, a proposal does not include a proposal for which a certificate is given under section 65.3 of the Bankruptcy and Insolvency Act and a notice of intention to make a proposal does not include a notice of intention in respect of a proposal for which such a certificate is given.

• 2(1.2)Meaning of trustee

  In this Act, trustee includes a monitor as defined in subsection 2(1) of the Companies’ Creditors Arrangement Act.

• 2(2)Employers subject to a receivership

  For the purposes of this Act, an employer is subject to a receivership when any property of the employer is under the possession or control of a receiver.

• 2(3)Meaning of receiver

  In this Act, receiver means a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act.

• 2(4)Words and expressions

  Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Bankruptcy and Insolvency Act.

• 2(5)Related persons

  Despite subsection 4(5) of the Bankruptcy and Insolvency Act,

• 2(5)(a)

  for the purposes of paragraph 6(d), an individual is considered to deal at arm’s length with a related person if the Minister is satisfied that, having regard to the circumstances — including the terms and conditions of the individual’s employment with the former employer, their remuneration and the duration, nature and importance of the work performed for the former employer — it is reasonable to conclude that the individual would have entered into a substantially similar contract of employment with the former employer if they had been dealing with each other at arm’s length; and

• 2(5)(b)

  for the purposes of subsection 21(4), individuals who are related to each other are, in the absence of evidence to the contrary, deemed not to deal with each other at arm’s length while so related.

• 5(a)
• 3Power of Governor in Council

  The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

• 5(b)
• 4Establishment

  The Wage Earner Protection Program is established to provide for payments to individuals in respect of wages owed to them by employers who are insolvent.

• 5(c)
• 5Conditions of eligibility
• 5(d)
• 5(1)

  An individual is eligible to receive a payment if

• 5(1)(a)

  the individual’s employment ended for a reason prescribed by regulation;

• 5(1)(b)

  one of the following applies:

• 5(1)(b)(i)

  the former employer is bankrupt,

• 5(1)(b)(ii)

  the former employer is subject to a receivership,

• 5(1)(b)(iii)

  the former employer is the subject of a foreign proceeding that is recognized by a court under subsection 270(1) of the Bankruptcy and Insolvency Act and

• 5(1)(b)(iii)(A)

  the court determines under subsection (2) that the foreign proceeding meets the criteria prescribed by regulation, and

• 5(1)(b)(iii)(B)

  a trustee is appointed, or

• 5(1)(b)(iv)

  the former employer is the subject of proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act and a court determines under subsection (5) that the criteria prescribed by regulation are met; and

• 5(1)(c)

  the individual is owed eligible wages by the former employer.

• 5(1)(d)Repealed

  [Repealed, 2009, c. 2, s. 343]

• 5(2)Prescribed criteria — foreign proceeding

  On application by any person, a court may, in a proceeding under Part XIII of the Bankruptcy and Insolvency Act, determine that the foreign proceeding meets the criteria prescribed by regulation. If the court determines that the foreign proceeding meets the prescribed criteria, the court may appoint a trustee for the purposes of this Act.

• 5(3)Employment in Canada

  An individual who is eligible to receive a payment because of subparagraph (1)(b)(iii) is only eligible to receive a payment in respect of eligible wages earned for employment in Canada and termination pay and severance pay that relate to that employment.

• 5(4)Deemed bankruptcy

  For the purposes of this Act, if all of the conditions set out in subparagraph (1)(b)(iii) are met, the former employer is deemed to be bankrupt and the date of the bankruptcy is deemed to be the day on which all of those conditions are met.

• 5(5)Prescribed criteria — other proceedings

  On application by any person, a court may, in proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act, determine that the former employer meets the criteria prescribed by regulation.

• 6Exceptions

  An individual is not eligible to receive a payment in respect of any wages earned during, or that otherwise relate to, a period in which the individual

• 6(a)

  was an officer or director of the former employer;

• 6(b)

  had a controlling interest within the meaning of the regulations in the business of the former employer;

• 6(c)

  occupied a managerial position within the meaning of the regulations with the former employer; or

• 6(d)

  was not dealing at arm’s length with

• 6(d)(i)

  an officer or director of the former employer,

• 6(d)(ii)

  a person who had a controlling interest within the meaning of the regulations in the business of the former employer, or

• 6(d)(iii)

  an individual who occupied a managerial position within the meaning of the regulations with the former employer.

• 7Amount of payment
• 7(1)

  The amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of an amount equal to seven times the maximum weekly insurable earnings under the Employment Insurance Act.

• 7(1.1)Reduction

  Except in the circumstances prescribed by regulation, the amount that may be paid under this Act to an individual is to be reduced by any amounts provided for by regulation.

• 7(2)Greatest amount

  If more than one situation that is described in paragraph 5(1)(b) applies to the former employer, the amount that may be paid is the greatest of the amounts determined in respect of each of those situations.

• 8Application

  To receive a payment, an individual is to apply to the Minister in the manner and during the period provided for in the regulations.

• 9Minister’s determination of eligibility

  If the Minister determines that the applicant is eligible to receive a payment, the Minister shall make the payment.

• 10Notification
• 10(1)

  The Minister is to inform the applicant of their eligibility or ineligibility to receive a payment.

• 10(2)Notification to trustee or receiver

  The Minister is to inform the trustee or receiver of the applicant’s eligibility or ineligibility to receive a payment.

• 11Request for review

  An applicant who is informed under section 10 may request a review of their eligibility or ineligibility, as the case may be.

• 12Review

  The Minister may confirm, vary or rescind a determination of eligibility made under section 9. If the Minister varies the determination, the Minister shall make any payment resulting from the variation.

• 12.1Notification

  The Minister is to inform the applicant and the trustee or receiver of a decision made under section 12.

• 13Review is final

  Subject to the right of appeal under section 14, the Minister’s confirmation, variation or rescission, as the case may be, is final and may not be questioned or reviewed in any court.

• 13.1Board

  For the purposes of sections 14 to 20, the Board is considered to be composed of only the Chairperson and Vice-Chairpersons as its members.

• 14Appeal on question of law or jurisdiction
• 14(1)

  The applicant may appeal the decision made by the Minister under section 12 to the Board only on a question of law or jurisdiction.

• 14(2)Regulations

  The Board may make regulations respecting the period during which and the manner in which an appeal may be made.

• 14.1Assignment or appointment
• 14.1(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.

• 14.1(2)Powers, duties and functions

  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).

• 14.1(3)Decision of member or external adjudicator

  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.

• 14.1(4)Limitation of liability

  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.

• 14.1(5)Remuneration and expenses — external adjudicator

  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.

• 15Minister informed of appeal
• 15(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.

• 15(2)Documents provided to Board

  The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.

• 15(3)Documents provided to Minister

  The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.

• 15(4)Power of Minister

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

• 16Appeal on the record

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

• 17Board’s decision

  The Board may confirm, vary or rescind the decision made by the Minister under section 12. If the Board varies the decision, the Minister shall make any payment resulting from the variation.

• 18Copies 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.

• 19No 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 14 to 18.

• 20Decision is final

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

• 21General duties
• 21(1)

  For the purposes of this Act, a trustee or a receiver, as the case may be, shall

• 21(1)(a)

  identify each individual who is owed eligible wages;

• 21(1)(b)

  determine the amount of eligible wages owing to each individual;

• 21(1)(c)

  inform each individual other than one who is in a class prescribed by regulation of the existence of the program established by section 4 and of the conditions under which payments may be made under this Act;

• 21(1)(d)

  provide the Minister and each individual other than one who is in a class prescribed by regulation with the amount of eligible wages owing to the individual and any other information prescribed by regulation;

• 21(1)(e)

  inform the Minister of when the trustee is discharged or the receiver completes their duties, as the case may be.

• 21(2)Compliance with directions

  A trustee or receiver shall comply with any directions of the Minister relating to the administration of this Act.

• 21(3)Duty to assist

  A person, other than one described in subsection (4), who has or has access to information described in paragraph (1)(d) shall, on request, provide it to the trustee or the receiver, as the case may be.

• 21(4)Duty to assist — payroll contractors

  A person who is dealing at arm’s length with and providing payroll services to a bankrupt or insolvent person and who has or has access to information described in paragraph (1)(d) shall,

• 21(4)(a)

  if requested by the trustee or receiver, provide the trustee or receiver with a description of the information described in paragraph (1)(d) that they have or have access to and an estimate of the cost of providing the information; and

• 21(4)(b)

  if requested by the trustee or receiver, provide the trustee or receiver with the information described in paragraph (1)(d) that they have or have access to.

• 22Fees and expenses

  Subject to section 22.1, the trustee’s or receiver’s fees and expenses, in relation to the performance of their duties under this Act, are to be paid out of the estate of the bankrupt employer or the property of the insolvent employer or by the insolvent employer.

• 22.1Minister to pay fees and expenses

  The Minister shall, in the circumstances prescribed by regulation, pay any fees or expenses of the trustee or receiver that are prescribed by regulation in relation to the performance of their duties under this Act or the performance of their duties and functions or the exercise of their powers under the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act.

• 23Directions to trustees and receivers
• 23(1)

  The Minister may give directions to trustees and receivers in respect of the performance of their duties under this Act.

• 23(2)Directions not statutory instruments

  A direction given by the Minister is not a statutory instrument within the meaning of the Statutory Instruments Act.

• 24Power to summon, etc.
• 24(1)

  For the purposes of the administration of this Act, the Minister may

• 24(1)(a)

  summon any person before him or her and require the person to give evidence, orally or in writing, and on oath or, if the person is entitled to affirm in civil matters, on solemn affirmation;

• 24(1)(b)

  require any person to provide the Minister with any information or document that the Minister considers necessary; and

• 24(1)(c)

  require any person to provide an affidavit or a statutory declaration attesting to the truth of any information provided by the person.

• 24(2)Taking oaths, etc.

  Any person, if designated by the Minister for the purpose, may administer oaths and take and receive affidavits, statutory declarations and solemn affirmations for the purpose of or incidental to the administration of this Act. Every person so designated has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits.

• 24(3)Acceptance of oaths, etc.

  The Minister may, for the purposes of administering this Act, accept any oath administered or any affidavit, statutory declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or employee of

• 24(3)(a)

  a department or other portion of the federal public administration specified in any of Schedules I, IV and V to the Financial Administration Act; or

• 24(3)(b)

  a department of the government of a province.

• 25Inspections
• 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,

• 25(1)(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;

• 25(1)(b)

  use or cause to be used any computer system to examine any data contained in or available to the computer system;

• 25(1)(c)

  reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

• 25(1)(d)

  take any document or other thing from the place for examination or, in the case of a document, for copying; and

• 25(1)(e)

  use or cause to be used any copying equipment to make copies of any documents.

• 25(2)Prior authorization

  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).

• 25(3)Warrant to enter dwelling-house

  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

• 25(3)(a)

  there are reasonable grounds to believe that the dwelling-house is a place referred to in subsection (1);

• 25(3)(b)

  entry into the dwelling-house is necessary for any purpose related to the administration of this Act; and

• 25(3)(c)

  entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused.

• 25(4)Orders if entry not authorized

  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,

• 25(4)(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

• 25(4)(b)

  make any other order that is appropriate in the circumstances to carry out the purposes of this Act.

• 26Duty to assist

  The owner or person in charge of a place that is entered by the designated person and every person found there must

• 26(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

• 26(b)

  provide the designated person with any information relevant to the administration of this Act that he or she requires.

• 27Information must be made available to Minister

  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.

• 28Repealed

  [Repealed, 2005, c. 47, s. 140]

• 29Social Insurance Number

  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.

• 30Delegation

  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.

• 31Audit 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.

• 31(2)Applications with payment

  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.

• 31(3)Exception

  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.

• 31(4)Other applications

  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.

• 31.1No payment or partial payment

  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.

• 32Determination 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

• 32(1)(a)

  informing them of the determination; and

• 32(1)(b)

  specifying the amount that they were not eligible to receive.

• 32(2)Notification

  The Minister shall also inform the trustee or receiver of the determination and the amount that the individual was not eligible to receive.

• 32(3)Repealed

  [Repealed, 2018, c. 27, s. 642]

• 32.1Request 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.

• 32.2Review

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

• 32.3Notification

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

• 32.4Review 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.

• 32.41Board

  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.

• 32.5Appeal 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.

• 32.5(2)Regulations

  The Board may make regulations respecting the period during which and the manner in which an appeal may be made.

• 32.51Assignment 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.

• 32.51(2)Powers, duties and functions

  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).

• 32.51(3)Decision of member or external adjudicator

  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.

• 32.51(4)Limitation of liability

  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.

• 32.51(5)Remuneration and expenses — external adjudicator

  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.

• 32.6Minister 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.

• 32.6(2)Board provided with documents

  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.

• 32.6(3)Minister provided with documents

  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.

• 32.6(4)Power of Minister

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

• 32.7Appeal on the record

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

• 32.8Board’s decision

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

• 32.9Copies 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.

• 32.91No 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.

• 32.92Decision is final

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

• 32.93Debt 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.

• 32.93(2)Certificate of default

  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.

• 33Garnishment

  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.

• 34When 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.

• 35Payments out of C.R.F.

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

• 36Subrogation
• 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

• 36(1)(a)

  the bankrupt or insolvent employer; and

• 36(1)(b)

  if the bankrupt or insolvent employer is a corporation, a director of the corporation.

• 36(1.1)Notice to Minister

  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.

• 36(1.2)Notice to Minister — decision or order

  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.

• 36(2)Maintaining an action

  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.

• 36.1Payment 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

• 36.1(1)(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

• 36.1(1)(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.

• 36.1(2)Components of wages

  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.

• 37Amount 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.

• 38Offences
• 38(1)

  Every person commits an offence who

• 38(1)(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;

• 38(1)(b)

  in relation to an application under this Act, makes a representation that the person knows to be false or misleading;

• 38(1)(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;

• 38(1)(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;

• 38(1)(e)

  obtains a payment under this Act by false pretence;

• 38(1)(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