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

Marginal note:Liability for repayments

65. A person is liable to repay the following amounts paid under section 61:

• (a) principal and interest on a loan to the person;

• (b) an amount paid on a guarantee or suretyship of a loan made to the person; and

• (c) an amount paid to the person to which the person is not entitled.

Marginal note:Penalties

• 65.1 (1) The Commission may impose on a person to whom financial assistance has been provided under section 61 a penalty for each of the following acts or omissions if the Commission becomes aware of facts that in its opinion establish that the person has

  • (a) in relation to an application or request for the assistance,

    • (i) made a representation that the person knew was false or misleading, or

    • (ii) made a declaration that the person knew was false or misleading because of the non-disclosure of facts; or

  • (b) without good cause failed to attend, carry out or complete the course, program or activity for which the assistance was provided or was expelled from it.

• Marginal note:Maximum penalty

  (2) The Commission may set the amount of the penalty for each act or omission at not more than the amount of the financial assistance that was provided.

• Marginal note:Limitation on imposition of penalties

  (3) The penalty shall not be imposed if

  • (a) a prosecution for the act or omission has been initiated against the person; or

  • (b) 36 months have passed since the day on which the act or omission occurred.

• Marginal note:Rescission, etc., of penalty

  (4) The Commission may rescind the imposition of the penalty, or reduce the penalty, on the presentation of new facts or on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.

Marginal note:Debts due to the Crown

• 65.2 (1) Amounts repayable under section 65 and penalties under section 65.1 are debts due to Her Majesty and are recoverable in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

• Marginal note:Recovery by deduction

  (2) If an amount becomes payable to the person under section 61, the amount of their indebtedness to Her Majesty may be recovered out of the amount payable.

• Marginal note:Limitation

  (3) No amount due under this section may be recovered more than 72 months after the day on which the liability arose.