PART IIPensions and Supplementary Benefits (continued)
DIVISION GGeneral (continued)
Marginal note:Offence and punishment
(a) knowingly makes a false or misleading statement in any application or declaration or makes any application or declaration that by reason of any non-disclosure of facts is false or misleading, or obtains any benefit payment by false pretences,
(b) being the payee thereof, negotiates or attempts to negotiate any cheque for a benefit to which he is not entitled, or
(c) knowingly fails to return any cheque or the amount of any benefit payment or any excess amount as required by section 66,
is guilty of an offence punishable on summary conviction.
Marginal note:Limitation period
(2) Any proceedings under this Act in respect of an offence may be commenced at any time within, but not later than, five years after the Minister becomes aware of the subject-matter of the proceedings.
- R.S., 1985, c. C-8, s. 90
- 1991, c. 44, s. 24
- 1997, c. 40, s. 86
Administrative Monetary Penalties
Marginal note:Penalty for misrepresentation, etc.
(a) made a statement or declaration, in an application or otherwise, that the person knew was false or misleading;
(b) made a statement or declaration, in an application or otherwise, that the person knew was false or misleading because of the non-disclosure of facts;
(c) knowingly failed to declare to the Minister all or some of the person’s earnings for a period for which the person received disability benefits;
(d) received or obtained by cheque or otherwise a benefit payment to which the person knew that they were not entitled, or a benefit payment that the person knew was in excess of the amount of the benefit payment to which they were entitled, and did not return the cheque or the amount of the benefit payment, or the excess amount, as the case may be, without delay; or
(e) participated in, assented to or acquiesced in an act or omission mentioned in any of paragraphs (a) to (d).
Marginal note:Purpose of penalty
(1.1) The purpose of the penalty is to promote compliance with this Act and not to punish.
Marginal note:Maximum penalty
(2) The Minister may set the amount of the penalty for each act or omission at not more than $10,000.
Marginal note:Limitation on imposition of penalties
(3) A penalty shall not be imposed on a person under subsection (1) if
Marginal note:Rescission, etc., of penalty
(4) The Minister may rescind the imposition of a penalty under subsection (1), or reduce the penalty,
(a) on the presentation of new facts;
(b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact;
(c) on being satisfied that the penalty cannot be collected within the reasonably foreseeable future; or
(d) on being satisfied that payment of the penalty would cause undue hardship to the debtor.
- 1997, c. 40, s. 87
- 2007, c. 11, s. 7
Administration and Enforcement
document includes moneys, securities, books, records, letters, accounts, statements (financial or otherwise), correspondence, memoranda, film, microform, videotape, photographs, machine-readable records and other documentary material, regardless of form or characteristics, and any copy or printout of any of them. (document)
dwelling-house means the whole or a part of a building or structure that is kept or occupied as a permanent or temporary residence and includes
judge means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court. (juge)
(2) The Minister may, at any reasonable time, for any purpose relating to the administration or enforcement of this Act, examine any document that relates or may relate to the entitlement of a person to a benefit or the amount of a benefit and, for that purpose, the Minister may
(a) subject to subsection (3), enter any premises or place where the Minister believes that a document relating to the entitlement of a person to a benefit or the amount of a benefit is or should be kept; and
(b) require the owner, occupant or person in charge of the premises or place to give the Minister all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act and, for that purpose, require the owner, occupant or person in charge of the premises or place to attend at those premises or that place with the Minister.
Marginal note:Warrant required to enter dwelling-house
(3) Where the premises or place referred to in subsection (2) is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (4).
(4) On ex parte application by the Minister, a judge may issue a warrant authorizing the Minister to enter a dwelling-house subject to the conditions that may be specified in the warrant, if the judge is satisfied by information on oath that
(a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (2);
(b) entry into the dwelling-house is necessary for a purpose relating to the administration or enforcement of this Act; and
(c) entry into the dwelling-house has been refused or that there are reasonable grounds to believe that entry will be refused.
Marginal note:Other access to document
(5) Where the judge is not satisfied that entry into that dwelling-house is necessary for a purpose relating to the administration or enforcement of this Act but is satisfied that access to a document that is or should be kept in the dwelling-house has been or may be expected to be refused, the judge may
Marginal note:Requirement to provide documents or information
(6) Despite any other provision of this Act, the Minister may, subject to subsection (7), for any purpose relating to the administration or enforcement of this Act, by notice served personally or by confirmed delivery service, require that any person provide, within the reasonable time that is stipulated in the notice, any information or additional information or any document.
Marginal note:Unnamed persons
(7) The Minister shall not impose on a person, in this section referred to as a “third party”, a requirement under subsection (6) to provide information or a document relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (8).
Marginal note:Judicial authorization
(8) On ex parte application by the Minister, a judge may, subject to the conditions that the judge considers appropriate, authorize the Minister to impose on a third party a requirement under subsection (6) relating to one or more unnamed persons, in this section referred to as the “group”, where the judge is satisfied by information on oath that
Marginal note:Service of authorization
(9) Where an authorization is granted under subsection (8), the authorization shall be served together with the notice referred to in subsection (6).
Marginal note:Review of authorization
(10) Where an authorization is granted under subsection (8), a third party on whom a notice is served under subsection (6) may, not later than 15 days after the service of the notice, apply to the judge who granted the authorization or, if that judge is unable to act, to another judge of the same court for a review of the authorization.
Marginal note:Powers on review
(11) On hearing an application under subsection (10), a judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (8)(a) to (d) have been met, and the judge may confirm or vary the authorization if the judge is satisfied that those conditions have been met.
Marginal note:Copies as evidence
(12) Where a document is inspected, examined or provided in accordance with this section, the person by whom it is inspected or examined or to whom it is provided may make, or cause to be made, one or more certified copies of it and any such copy 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.
(13) No person shall interfere with any person doing anything that the person is authorized under this section to do or prevent or attempt to prevent any person from doing any such thing.
- 1997, c. 40, s. 87
- Date modified: