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

Marginal note:Offence

• 135 (1) Every person is guilty of an offence punishable on summary conviction who

  • (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).

• Marginal note:Saving

  (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.

• Marginal note:Punishment

  (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.