Bill C-111

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First Reading

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	Appeals
Appeal to board of referees	114. (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may appeal to the board of referees in the prescribed manner at any time within
	(a) 30 days after the day on which a decision is communicated to them; or
	(b) such further time as the Commission may in any particular case for special reasons allow.
Privacy	(2) If a circumstance of sexual or other harassment mentioned in subparagraph 29(c)(i) is being considered by a board of referees, the chairperson of the board may, on application by the claimant, direct that the hearing be held in private or that details concerning the circumstance not be published in any document or broadcast in any way, if the chairperson is satisfied that personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of those matters in the interest of the claimant or in the public interest outweighs the desirability of the access by the public to information about those matters.
Decision to be recorded	(3) A decision of a board of referees shall be recorded in writing and shall include a statement of the findings of the board on questions of fact material to the decision.
Appeal to umpire	115. (1) An appeal as of right to an umpire from a decision of a board of referees may be brought by
	(a) the Commission;
	(b) a claimant or other person who is the subject of a decision of the Commission;
	(c) the employer of the claimant; or
	(d) an association of which the claimant or employer is a member.
Grounds of appeal	(2) The only grounds of appeal are that
	(a) the board of referees failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
	(b) the board of referees erred in law in making its decision or order, whether or not the error appears on the face of the record; or
	(c) the board of referees based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.
Procedure for appeal	116. The appeal must be brought in the prescribed manner within 60 days after the decision is communicated to the person bringing the appeal, or any longer period that the umpire may allow for special reasons.
Powers of umpire	117. An umpire may decide any question of law or fact that is necessary for the disposition of an appeal and may
	(a) dismiss the appeal;
	(b) give the decision that the board of referees should have given;
	(c) refer the matter back to the board of referees for re-hearing or re-determination in accordance with such directions as the umpire considers appropriate; or
	(d) confirm, rescind or vary the decision of the board of referees in whole or in part.
Decision final	118. The decision of the umpire on an appeal is final and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.
Attendance of witnesses	119. If a person affected by a decision under appeal attends before the umpire on the consideration of the appeal at the umpire's request, the person shall be paid such travel and other allowances, including compensation for loss of remunerative time, as are approved by the Treasury Board.
Amendment of decision	120. The Commission, a board of referees or the umpire may rescind or amend a decision given in any particular claim for benefit if new facts are presented or if it is satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact.
Payment of benefit pending appeal	121. (1) If a claim for benefits is allowed by a board of referees, benefits are payable in accordance with the decision of the board even though an appeal is pending, and any benefits paid under this section after the decision of the board of referees shall be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.
Exception	(2) Subsection (1) does not apply
	(a) if the appeal was brought within 21 days after the day on which the decision of the board of referees was given and on the ground that the claimant ought to be disentitled under section 36; and
	(b) in any other cases that the Commission may, with the approval of the Governor in Council, prescribe.
Determination of questions	122. If a question specified in section 90 arises in the consideration of a claim for benefits, it shall be determined by an authorized officer of the Department of National Revenue, as provided by that section.
Regulations	123. The Commission may, with the approval of the Governor in Council, make regulations prescribing the procedure to be followed in appeals.
	Investigations
Investigation by Commission	124. (1) The Governor in Council may direct the Commission to investigate and report on all matters that the Governor in Council deems advisable or necessary.
Powers	(2) The Commission has all the powers of a commissioner under Part I of the Inquiries Act for the purpose of conducting an investigation under this Act.
Notice	(3) The Commission shall give such public notice as it considers sufficient of its intention to investigate any matters that under this Act it is empowered to investigate, and it shall receive representations submitted to it by persons or associations of persons appearing to the Commission to have an interest in the matters under investigation.
Report	(4) The Minister shall lay every report made under this section before Parliament within 30 days after it is submitted to the Governor in Council or, if Parliament is not then sitting, on any of the first 30 days that either House of Parliament is sitting after its submission.
	Enforcement
Information or complaint	125. (1) An information or complaint under this Act, other than Part IV, may be laid or made by a member of the Royal Canadian Mounted Police or by a person acting for the Commission and, if an information or complaint appears to have been laid or made under this Act, other than Part IV, it is deemed to have been laid or made by a person acting for the Commission and shall not be called into question for lack of authority of the informant or complainant except by the Commission or by a person acting for it or for Her Majesty.
Two or more offences	(2) An information or complaint about an offence under this Act, other than Part IV, may be for one or more offences and no information, complaint, warrant, conviction or other proceeding in a prosecution under this Act, other than Part IV, is objectionable or insufficient because it relates to two or more offences.
Territorial jurisdiction	(3) An information or complaint about an offence under this Act, other than Part IV, may be heard, tried or determined by any provincial court judge, as defined in section 2 of the Criminal Code, if the accused is resident, carrying on business, found, apprehended or in custody within the judge's territorial jurisdiction although the matter of the information or complaint did not arise within that jurisdiction.
Limitation of prosecutions	(4) A prosecution for an offence under this Act, other than Part IV, may be commenced at any time within five years after the Commission became aware of the subject-matter of the prosecution.
Certificate	(5) A document appearing to have been issued by the Commission, certifying the day on which it became aware of the subject-matter of the prosecution, is admissible in evidence and shall be considered conclusive proof of that fact without proof of the signature or the official character of the person appearing to have signed the document and without any other proof.
Proof of personal service	(6) If provision is made by this Act, other than Part IV, or the regulations for personal service of a request for information, notice or demand, an affidavit of a person acting for the Commission stating that
	(a) the person has charge of the appropriate records and has knowledge of the facts in the particular case,
	(b) such a request, notice or demand was served personally on a named day on the person to whom it was directed, and
	(c) the person identifies as an exhibit attached to the affidavit a true copy of the request, notice or demand,
	is evidence of the personal service and of the request, notice or demand.
Proof of failure to comply	(7) If a person is required by this Act, other than Part IV, or the regulations to make a return, statement, answer or certificate, an affidavit of a person acting for the Commission stating that the person
	(a) has charge of the appropriate records, and
	(b) after a careful examination and search of the records, has been unable to find in a given case that the return, statement, answer or certificate, as the case may be, has been filed or made by the person required to do so,
	is evidence that in that case the person did not do so.
Proof of time of compliance	(8) If a person is required by this Act, other than Part IV, or the regulations to make a return, statement, answer or certificate, an affidavit of a person acting for the Commission stating that the person
	(a) has charge of the appropriate records, and
	(b) after careful examination of the records, has found that the return, statement, answer or certificate was filed or made on a particular day,
	is evidence that it was filed or made on that day and not before.
Proof of documents	(9) An affidavit of a person acting for the Commission stating that
	(a) the person has charge of the appropriate records, and
	(b) a document annexed to the affidavit is a document or true copy of a document made by or for an employer, the Commission or a person acting for the Commission,
	is evidence of the nature and contents of the document and is admissible in evidence and has the same probative force as the original document would have if it were proven in the ordinary way.
Presumption	(10) If evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is acting for the Commission, it is not necessary to prove
	(a) the person's signature;
	(b) that the person is acting for the Commission; or
	(c) the signature or official character of the person before whom the affidavit was sworn.
Judicial notice	(11) Judicial notice shall be taken of all orders made under this Act, other than Part IV, without the orders being specially pleaded or proven.
Proof of documents	(12) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision or other document executed under, or in the course of, the administration or enforcement of this Act, other than Part IV, over the name in writing of the Commission, or a person acting for the Commission under this Act, other than Part IV, is deemed to be a document signed, made and issued by the Commission or the person unless it has been called into question by the Commission or by a person acting for it or for Her Majesty.
Forms authorized	(13) A form that appears to be authorized by the Commission is deemed to be a form authorized by the Commission under this Act, other than Part IV, unless called into question by the Commission or a person acting for it or for Her Majesty.
Proof of return in prosecution	(14) In a prosecution for an offence under this Act, other than Part IV, the production of a return, certificate, statement or answer required by or under this Act, other than Part IV, or the regulations appearing to have been filed or delivered by or for the person charged with the offence or to have been made or signed by or for the person is, in the absence of evidence to the contrary, proof that the return, certificate, statement or answer was filed or delivered by or for that person or was made or signed by or for them.
Proof of return in other proceedings	(15) In any proceedings before a board of referees or an umpire under this Act, other than Part IV, the production of a return, certificate, statement or answer required by or under this Act, other than Part IV, or the regulations appearing to have been filed or delivered by or for any person or to have been made or signed by or for the person is, in the absence of evidence to the contrary, proof that the return, certificate, statement or answer was filed or delivered by or for that person or was made or signed by or for them.
Proof of records	(16) In a prosecution for an offence under this Act, an affidavit of a person acting for the Commission stating that
	(a) the person has charge of the appropriate records, and
	(b) an examination of the records shows that an amount required under this Act to be remitted to the Receiver General on account of fines, penalties, interest and repayment of overpayments of benefits has not been received by the Receiver General,
	is evidence of the statements contained in the affidavit.
Officers, etc., of corporations	(17) If a corporation commits an offence under this Act, other than Part IV, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
Certificates	126. (1) An amount or part of an amount payable under Part I or II that has not been paid may be certified by the Commission
	(a) without delay, if in the opinion of the Commission the person liable to pay the amount is attempting to avoid payment; and
	(b) in any other case, on the expiration of 30 days after the default.
Judgments	(2) On production to the Federal Court, the resulting certificate shall be registered in the Court and when registered has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate plus interest to the day of payment as provided for in this Act.
Costs	(3) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under this section.
Garnishment	(4) If the Commission has knowledge or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment under Part I or II or under subsection (7), it may, by a notice served personally or sent by a confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person's liability.
Applicability to future payments	(5) If the Commision has, under subsection (4), required an employer to pay to the Receiver General on account of an insured person's liability under Part I or II money otherwise payable by the employer to the employee as remuneration,
	(a) the requirement is applicable to all future payments by the employer to the insured person as remuneration until the liability under that Part is satisfied; and
	(b) the employer shall make payments to the Receiver General out of each payment of remuneration of such amount as may be stipulated by the Commission in the notice mentioned in subsection (4).
Discharge of liability	(6) The receipt of the Commission for money paid as required under subsection (4) or (5) is a good and sufficient discharge of the original liability to the extent of the payment.
Debt due Her Majesty	(7) An amount not paid as required by a notice under subsection (4) or (5) is a debt due to Her Majesty.
Service of person carrying on business under another name	(8) A notice mentioned in subsection (4) may be addressed to the name or style under which a person carries on business if the person carries on business under a name or style other than their own name and, in the case of personal service, the notice is validly served if it is left with an adult person employed at the place of business of the addressee.
Service of partnership	(9) A notice mentioned in subsection (4) may be addressed to a partnership name if the person who is to receive it carries on business in partnership under that name and, in the case of personal service, the notice is validly served if it is served on one of the partners or left with an adult person employed at the place of business of the partnership.

Bill C-111

Appeals

Investigations

Enforcement