127 [Repealed, 2005, c. 34, s. 64]
128 [Repealed, 2005, c. 34, s. 64]
129 When an employer, claimant or other person gives the Commission written, oral or documentary evidence required for the proper determination of the entitlement of a claimant to benefits, the giving of the evidence is an occasion of qualified privilege.
- 1996, c. 23, s. 129;
- 2012, c. 19, s. 249.
130 If, because of the failure or neglect of any person to comply with this Act or the regulations, another person loses the right to claim, in whole or in part, any benefits to which the person would otherwise be entitled, the Commission may nevertheless pay the benefits.
Marginal note:Question under section 90
(a) refer the question to an authorized officer of the Canada Revenue Agency under that section and defer further proceedings until the officer’s ruling is received, if the question has not been decided by the authorized officer; and
(b) on receipt of the ruling, proceed with the hearing and judgment of the legal proceedings.
Marginal note:Deferral of judgment
(2) If an appeal has been made under section 91 or 103, the justice, judge or court shall defer judgment until
- 1996, c. 23, s. 131;
- 1999, c. 17, s. 135;
- 2005, c. 38, s. 138.
Marginal note:Question for Commission
132 (1) If a question that could be decided by the Commission arises in any legal proceedings, the justice, judge or court before whom the question arises shall refer the question to the Commission and defer further proceedings until the Commission’s decision is received.
Marginal note:Appeal pending
(2) If an appeal from a decision of the Commission, or a person authorized by the Commission, is pending on the question arising in any legal proceedings, the justice, judge or court before whom the question arises shall defer further proceedings until the appeal decision is received.
Marginal note:Receipt of decision
(3) On receipt of the decision, the justice, judge or court shall proceed with the hearing and judgment and, in any proceedings under this Act, the decision is conclusive except in accordance with the Federal Courts Act.
- 1996, c. 23, s. 132;
- 2002, c. 8, s. 182.
133 [Repealed, 2015, c. 13, s. 54]
Marginal note:Evidence of documents, etc.
(a) a document appearing to be a resolution, record or other proceeding of the Commission or other proceeding under this Act or a copy of it, and appearing to be certified by a Commissioner or the Secretary of the Commission,
(b) a document appearing to be, or appearing to be a copy of or extract from,
(i) a document in the custody of the Commission or a document issued under this Act, or
(ii) an entry in any books or records in the custody of the Commission,
and appearing to be certified by the Commission or a person employed in the administration of this Act,
(c) a document appearing to be certified by the Commission or a person employed in the administration of this Act and stating the amount of any contributions paid, payable or owing or the amount of any benefits or other amount paid to or owing by any person, or
(d) a document appearing
(i) to be, or to be a copy of or extract from, any of the following, namely, an employer’s register, books, pay sheets, records of wages, ledgers, accounts or other documents, and
(ii) to be certified by an inspector or other person employed in the administration of this Act to whom the documents mentioned in subparagraph (i) were produced under this Act,
is evidence of the facts appearing in the document without proof of the signature or official character of the person appearing to have signed the certificate and without further proof.
Marginal note:Documents sent by mail
(2) For the purposes of this Act and the regulations and any proceedings under them, a document appearing to be a certificate of the Commission or a person authorized by the Commission to the effect that a notice, request, demand or other document was sent by mail is evidence that the notice, request, demand or other document was received by the addressee in the ordinary course of the mails.
Marginal note:Filmed or electronic evidence
(3) In any proceedings under this Act or the regulations, a print that is
(a) made from a photographic film or from a document in electronic form made by the Commission for the purpose of keeping a permanent record of a document, and
(b) certified by the Commission or a person employed in the administration of this Act
is admissible in evidence for all purposes for which the recorded document would be admitted as evidence in the proceedings without proof of the signature or official character of the person appearing to have signed the certificate.
Marginal note:Documents in electronic form
(4) For greater certainty, a reference to a document in this section includes a document in electronic form.
Offences and Punishment
(a) in relation to a claim for benefits, makes a representation that the person knows to be false or misleading;
(b) being required under this Act or the regulations to provide information, provides information or makes a representation the person knows to be false or misleading;
(b.1) knowingly fails to declare to the Commission all or some of their earnings for a period determined under the regulations for which they claimed benefits;
(c) makes a claim or declaration that the person knows is false or misleading because of the non-disclosure of facts;
(d) being the payee of a special warrant, knowingly negotiates or attempts to negotiate it for benefits to which the person is not entitled;
(e) knowingly fails to return a special warrant, or the amount or any excess amounts, as required by section 44;
(f) imports or exports a document issued by the Commission, or has it imported or exported, for the purpose of defrauding or deceiving the Commission; or
(g) participates in, assents to or acquiesces in an act or omission mentioned in paragraphs (a) to (f).
(2) No prosecution for an offence under this section shall be instituted if a penalty for that offence has been imposed under section 38, 39 or 65.1.
(3) Every person who commits an offence under this section is liable to
(a) a fine of not less than $200 and not more than $5,000 plus,
(i) in a case mentioned in paragraph (1)(b.1), an amount of not more than double the total of the amount by which the person’s benefits were reduced under subsection 19(3) and the amount of the benefits that would have been paid to the claimant for the period mentioned in that paragraph if the benefits had not been reduced or the claimant had not been disentitled or disqualified from receiving benefits, or
(ii) in any other appropriate case, an amount of not more than double the amount of any benefits that may have been paid as a result of committing the offence; or
(b) both the fine and imprisonment for a term of not more than six months.
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