16. [Repealed, 1992, c. 1, s. 146]
OFFENCES AND PUNISHMENT
Marginal note:False statements or misuse of loan
17. (1) Every person who makes a statement in an application for a loan that is false in any material respect or who uses the proceeds of a loan for a purpose other than that stated in that person’s application is guilty of an offence and liable on summary conviction to a fine of not more than two thousand dollars.
(2) Where a person is convicted of an offence under subsection (1), there shall be imposed on that person, in addition to any fine, a penalty equal to such amount of the loan made to that person in respect of which the offence was committed as has not been repaid by him, with interest thereon to the date of the conviction.
Marginal note:Payment to lender or Receiver General
(3) The penalty referred to in subsection (2) shall be paid to the lender by which the loan was made or, if payment has been made by the Minister to the lender in respect of the loan under this Act, the penalty shall be paid to the Receiver General, and payment of the penalty discharges the liability of the person to repay the loan.
Marginal note:Limitation period
(4) Proceedings in respect of an offence under this section may be commenced at any time within twelve months after the day on which evidence, sufficient in the opinion of the Minister to justify prosecution for the offence, comes to the Minister’s knowledge, but may not be commenced later than three years after the time the subject-matter of the proceedings arose.
(5) For the purposes of subsection (4), a document purporting to have been issued by the Minister, certifying the day on which the evidence referred to in that subsection came to the knowledge of the Minister, shall be received in evidence as conclusive proof of that fact without proof of the signature or official character of the person appearing to have signed the document and without further proof.
Marginal note:Minister may establish or approve forms
18. The Minister may establish or approve
(a) forms of application for loans; and
(b) forms of notes, agreements, certificates and other documents to be used in connection with loans or necessary or advisable for the effective operation of this Act.
Marginal note:Minister subrogated in lender’s rights
19. (1) Where under this Act the Minister has paid to a lender the amount of any loss sustained by the lender as a result of a loan, the lender shall execute a receipt in favour of the Minister in the form established or approved by the Minister and the Minister is thereupon subrogated in all rights of the lender in respect of the loan.
(2) Without limiting the generality of subsection (1), the subrogation mentioned in that subsection vests in the Minister all rights and powers of the lender in respect of the loan, any judgment concerning the loan obtained by the lender and any security taken by the lender for the repayment of the loan, and the Minister is entitled to exercise all the rights, powers and privileges that the lender had or might exercise in respect of the loan, judgment or security, including the right to commence or continue any action or proceeding, to execute any release, transfer, sale or assignment or in any way to collect, realize or enforce the loan, judgment or security.
Marginal note:Receipt evidence of payment
(3) Any document purporting to be a receipt in the form approved by the Minister and purporting to be signed on behalf of the lender is evidence of the payment by the Minister to the lender under this Act in respect of the loan therein mentioned and of the execution of that document on behalf of the lender.
- Date modified: