Apprentice Loans Act (S.C. 2014, c. 20, s. 483)

General

Marginal note:Forms and documents

13 A form or other document that is to be used in connection with making apprentice loans, or to be otherwise used for the effective operation of this Act, must be either determined by the Minister or approved by the Minister.

Marginal note:Right of recovery by Minister

14 An apprentice loan that is made to a borrower who is not of full age and any interest on the loan are recoverable by the Minister from the borrower as though the borrower had been of full age at the time the agreement was entered into.

Marginal note:Waiver

15 On application by an eligible apprentice or a borrower, the Minister may, to avoid undue hardship to the apprentice or borrower, waive

• (a) a requirement of the regulations with respect to the times within which information in respect of the eligible apprentice or borrower is to be provided; or

• (b) a requirement of the regulations with respect to the form or manner in which information in respect of the eligible apprentice or borrower is to be provided, or a requirement determined or approved by the Minister with respect to a form or other document in which such information is to be provided.

Marginal note:Apprentice loan denied due to error

16 If the Minister is satisfied that, as a result of an error made in the administration of this Act or the regulations, a person was denied an apprentice loan to which the person would have been entitled, the Minister may take remedial action to place the person in the position that he or she would have been in under this Act had the error not been made.

Marginal note:Limitation or prescription period

• 17 (1) Subject to this section, no action or proceedings may be taken to recover money owing under this Act after the end of the six-year period that begins on the day on which the money becomes due and payable.

• Marginal note:Deduction and set-off

  (2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or, in Quebec, compensation against any sum of money that may be due or payable by Her Majesty in right of Canada to the person or their estate or succession.

• Marginal note:Acknowledgment of liability

  (3) If a person acknowledges liability for money owing under this Act, the time during which the limitation or prescription period has run before the acknowledgment of liability does not count in the calculation of that period.

• Marginal note:Acknowledgment of liability after end of limitation or prescription period

  (4) If a person acknowledges liability for money owing under this Act after the end of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (5), be brought within six years after the date of the acknowledgment of liability.

• Marginal note:Limitation or prescription period suspended

  (5) The running of a limitation or prescription period in respect of an apprentice loan is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan.

• Marginal note:Enforcement proceedings

  (6) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

• Definition of acknowledgement of liability

  (7) In this section, the expression acknowledgement of liability has the meaning assigned by the regulations.

Marginal note:Requirement to provide information or documents

• 18 (1) For the purpose of verifying compliance or preventing non-compliance with this Act, the Minister may, by notice served personally or by confirmed delivery service, require any person to whom an apprentice loan has been made to provide the Minister, within the time and in the manner that are stipulated in the notice, with any information or document that is in their possession or to which they could reasonably be expected to have access.

• Marginal note:Copies as evidence

  (2) When a document is provided in accordance with subsection (1), the Minister may make, or cause to be made, one or more certified copies of it and any of those copies is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.

Marginal note:False statement or information

• 19 (1) Every person who, in respect of an apprentice loan, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000.

• Marginal note:Limitation period

  (2) A prosecution for an offence under this Act may not be instituted later than six years after the time when the subject matter of the complaint arose.

Marginal note:Administrative measures

• 20 (1) If a person, in respect of an apprentice loan, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, the Minister may take any measure provided for in the regulations.

• Marginal note:Notice

  (2) However, the Minister may not take any measure under subsection (1) without having given the person 60 days’ notice of the Minister’s intention to take it.

• Marginal note:Submissions

  (3) The person may make submissions to the Minister in respect of the measure at any time.

• Marginal note:Rescission or modification of measure

  (4) The Minister may rescind or modify a measure taken under subsection (1) if new facts are presented or the Minister considers that the measure was taken without knowledge of a material fact or on the basis of a mistake concerning one.

Marginal note:Authority to enter into agreements and arrangements

21 The Minister may

• (a) enter into agreements or arrangements with any department, board or agency of the Government of Canada or any other public or private organization or agency to assist the Minister in carrying out the purposes and provisions of this Act; and

• (b) with the approval of the Governor in Council, enter into agreements or arrangements with the government of any province to facilitate the administration or enforcement of this Act.

Marginal note:Payment out of C.R.F.

22 Any amount payable by the Minister under this Act, the regulations or an agreement or arrangement entered into under this Act, including any apprentice loans to be made by the Minister, is to be paid out of the Consolidated Revenue Fund.