Wage Earner Protection Program Act

Marginal note:General duties

• 21 (1) For the purposes of this Act, a trustee or a receiver, as the case may be, shall

  • (a) identify each individual who is owed wages that were earned during the six months immediately before the date of the bankruptcy or the first day on which there was a receiver in relation to the individual’s employer, as the case may be;

  • (b) determine the amount of wages owing to each individual in respect of those six months;

  • (c) inform each individual other than one who is in a class prescribed by regulation of the existence of the program established by section 4 and of the conditions under which payments may be made under this Act;

  • (d) provide the Minister and each individual other than one who is in a class prescribed by regulation with the information prescribed by regulation in relation to the individual and with the amount of wages owing to the individual in respect of those six months; and

  • (e) inform the Minister of when the trustee is discharged or the receiver completes their duties, as the case may be.

• Marginal note:Compliance with directions

  (2) A trustee or receiver shall comply with any directions of the Minister relating to the administration of this Act.

• Marginal note:Duty to assist

  (3) A person, other than one described in subsection (4), who has or has access to information described in paragraph (1)(d) shall, on request, provide it to the trustee or the receiver, as the case may be.

• Marginal note:Duty to assist — payroll contractors

  (4) In the case of a person who is dealing at arm’s length with and providing payroll services to a bankrupt or insolvent person, they shall provide a description of the information that they do not have access to, an estimate of the cost of providing the information that they have and an estimate of the cost of providing the information that they only have access to.