Bill C-111

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First Reading

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Inspections	(10) An authorized person may, at any reasonable time, for any purpose relating to the administration or enforcement of this Act, other than Part IV, inspect or examine any document that relates or may relate to the information that is or should be contained in the records or books of account or to the amount of any benefits payable under this Act and, for those purposes, the authorized person may
	(a) subject to subsection (11), enter any premises or place where the authorized person believes, on reasonable grounds, that persons are or were employed or where any records or books of account are or should be kept; and
	(b) require the owner, occupant or person in charge of the premises or place to give the authorized person all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act, other than Part IV, and, for that purpose, require the owner, occupant or person in charge to attend at the premises or place with the authorized person.
Warrant required to enter dwelling-hous e	(11) If the premises or place is a dwelling-house, an authorized person may only enter with the consent of the occupant or under the authority of a warrant issued under subsection (12).
Warrant or order	(12) If, on ex parte application by the Commission, a judge is satisfied by information on oath that
	(a) there are reasonable grounds for believing that a dwelling-house is a premises or place mentioned in subsection (10),
	(b) entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, other than Part IV, and
	(c) entry into the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,
	the judge may issue a warrant authorizing an authorized person to enter the dwelling-house subject to such conditions as may be specified in the warrant.
Order for access to documents, etc.	(13) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, other than Part IV, the judge may
	(a) order the occupant of the dwelling-house to provide an authorized person with reasonable access to any document that is or should be kept in the dwelling-house, and
	(b) make such other order as is appropriate in the circumstances to carry out the purposes of this Act, other than Part IV,
	to the extent that access has been or may be ex pected to be refused and that the document is or may be expected to be kept in the dwelling- house.
Requirement to provide documents and information	(14) Notwithstanding any other provision of this Act, but subject to subsection (15), the Commission may for any purpose relating to the administration or enforcement of this Act, other than Part IV, by notice served personally or by confirmed delivery service, require that any person provide, within such reasonable time as is stated in the notice,
	(a) any information or additional information, including any information return or supplementary return; or
	(b) any document.
Unnamed persons	(15) The Commission shall not impose on any person, in this section referred to as a ``third party'', a requirement under subsection (14) to provide information or any document relating to one or more unnamed persons unless it first obtains the authorization of a judge under subsection (16).
Judicial authorization	(16) On ex parte application by the Commission, a judge may, subject to such conditions as the judge considers appropriate, authorize the Commission to impose on a third party a requirement under subsection (14) relating to an unnamed person or more than one unnamed person, in this section referred to as the ``group'', if the judge is satisfied by information on oath that
	(a) the person or group is ascertainable;
	(b) the requirement is made to verify compliance by the person or persons in the group with any duty or obligation under this Act, other than Part IV;
	(c) it is reasonable to expect, based on any grounds, including statistical or other information or past experience relating to the group or any other persons, that the person or any person in the group may have failed or may be likely to fail to provide information that is sought under the requirement or to otherwise comply with this Act; and
	(d) the information or document is not otherwise more readily available.
Service of authorization	(17) If the authorization is granted, it shall be served together with the notice mentioned in subsection (14).
Review of authorization	(18) If the authorization is granted, a third party on whom it is served may, within 15 days after it is served, apply for a review of the authorization to the judge who granted it or, if the judge is unable to act, to another judge of the same court.
Powers on review	(19) On hearing the application, the judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (16)(a) to (d) have been met and the judge may confirm or vary the authorization if satisfied that those conditions have been met.
Copies as evidence	(20) If a document is inspected, examined or provided in accordance with subsection (10) or (14),
	(a) the person by whom it is inspected or examined or to whom it is provided, or any other person acting for the Commission, may make one or more copies, or have them made; and
	(b) any document appearing to be certified by the Commission or an authorized person to be a copy made under this subsection 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.
Compliance	(21) No person shall hinder, molest or interfere with any person doing anything that the person is authorized to do by or under this section or prevent or attempt to prevent any person from doing any such thing and, notwithstanding any other Act or law, every person shall, unless unable to do so, do everything required by or under this section.
Definitions	(22) In this section,
``authorized person'' « personne autorisée »	``authorized person'' means a person authorized in writing by the Commission for the purposes of this section;
``judge'' « juge »	``judge'' means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court.
Confidential information	127. (1) The following information shall be made available only to the employees of the Commission or the Department of Employment and Immigration in the course of their employment and such other persons as the Minister considers advisable:
	(a) any information obtained by the Commission or the Department from any person under this Act or the regulations; and
	(b) any information prepared from information described in paragraph (a) or prepared about any person under this Act or the regulations.
Witnesses not compellable	(2) The Commission, the Department and the employees of the Commission and the Department are not compellable to answer questions concerning the information, or to produce records or other documents containing the information, as evidence in any proceedings not directly concerned with the enforcement or interpretation of this Act or the regulations.
Exception for war crimes	128. Notwithstanding any other provision of this Act, any information obtained from any person under this Act or the regulations, or prepared from that information, may be made available by the Minister to the Commissioner of the Royal Canadian Mounted Police, the Minister of Justice and the Attorney General of Canada for the purposes of investigations, prosecutions and extradition activities in Canada in relation to war crimes and crimes against humanity.
Privilege	129. When an employer, claimant or other person gives the Commission, a board of referees or an umpire written, oral or documentary evidence required for the proper determination of the entitlement of a claimant to benefits, the giving of the evidence is an occasion of qualified privilege.
Default	130. If, because of the failure or neglect of any person to comply with this Act or the regulations, another person loses the right to claim, in whole or in part, any benefits to which the person would otherwise be entitled, the Commission may nevertheless pay the benefits.
Question under section 90	131. (1) If a question specified in section 90 arises in any legal proceedings, the justice, judge or court before whom it arises shall
	(a) refer the question to an authorized officer of the Department of National Revenue under that section and defer further proceedings until the officer's ruling is received, if the question has not been decided by the authorized officer; and
	(b) on receipt of the ruling, proceed with the hearing and judgment of the legal proceedings.
Deferral of judgment	(2) If an appeal has been made under section 91 or 103, the justice, judge or court shall defer judgment until
	(a) a decision of the Minister of National Revenue is received, in the case of an appeal under section 91; or
	(b) a decision of the Tax Court of Canada is received, in the case of an appeal under section 103.
Question for Commission	132. (1) If a question that could be decided by the Commission arises in any legal proceedings, the justice, judge or court before whom the question arises shall refer the question to the Commission and defer further proceedings until the Commission's decision is received.
Appeal pending	(2) If an appeal from a decision of the Commission, or a person authorized by the Commission, is pending on the question arising in any legal proceedings, the justice, judge or court before whom the question arises shall defer further proceedings until the appeal decision is received.
Receipt of decision	(3) On receipt of the decision, the justice, judge or court shall proceed with the hearing and judgment and, in any proceedings under this Act, the decision is conclusive except in accordance with the Federal Court Act.
Spouse as witness	133. Subject to subsections 4(3), (5) and (6) of the Canada Evidence Act, the spouse of a person charged with an offence in respect of a statement or representation as to dependency is a competent and compellable witness for the prosecution without the consent of the person charged.
Evidence of documents, etc.	134. (1) In any proceedings under this Act,
	(a) a document appearing to be a resolution, record or other proceeding of the Commission or other proceeding under this Act or a copy of it, and appearing to be certified by a Commissioner or the Secretary of the Commission,
	(b) a document appearing to be, or appearing to be a copy of or extract from,
	(i) a document in the custody of the Commission or a document issued under this Act, or
	(ii) an entry in any books or records in the custody of the Commission,
	and appearing to be certified by the Commission or a person employed in the administration of this Act,
	(c) a document appearing to be certified by the Commission or a person employed in the administration of this Act and stating the amount of any contributions paid, payable or owing or the amount of any benefits or other amount paid to or owing by any person, or
	(d) a document appearing
	(i) to be, or to be a copy of or extract from, any of the following, namely, an employer's register, books, pay sheets, records of wages, ledgers, accounts or other documents, and
	(ii) to be certified by an inspector or other person employed in the administration of this Act to whom the documents mentioned in subparagraph (i) were produced under this Act,
	is evidence of the facts appearing in the docu ment without proof of the signature or official character of the person appearing to have signed the certificate and without further proof.
Documents sent by mail	(2) For the purposes of this Act and the regulations and any proceedings under them, a document appearing to be a certificate of the Commission or a person authorized by the Commission to the effect that a notice, request, demand or other document was sent by mail is evidence that the notice, request, demand or other document was received by the addressee in the ordinary course of the mails.
Filmed or electronic evidence	(3) In any proceedings under this Act or the regulations, a print that is
	(a) made from a photographic film or from a document in electronic form made by the Commission for the purpose of keeping a permanent record of a document, and
	(b) certified by the Commission or a person employed in the administration of this Act
	is admissible in evidence for all purposes for which the recorded document would be ad mitted as evidence in the proceedings without proof of the signature or official character of the person appearing to have signed the certif icate.
Documents in electronic form	(4) For greater certainty, a reference to a document in this section includes a document in electronic form.
	Offences and Punishment
Offence	135. (1) Every person is guilty of an offence punishable on summary conviction who
	(a) in relation to a claim for benefits, makes a representation that the person knows to be false or misleading;
	(b) being required under this Act or the regulations to provide information, provides information or makes a representation the person knows to be false or misleading;
	(c) makes a claim or declaration that the person knows is false or misleading because of the non-disclosure of facts;
	(d) being the payee of a special warrant, knowingly negotiates or attempts to negotiate it for benefits to which the person is not entitled;
	(e) knowingly fails to return a special warrant, or the amount or any excess amounts, as required by section 44;
	(f) imports or exports a document issued by the Commission, or has it imported or exported, for the purpose of defrauding or deceiving the Commission; or
	(g) participates in, assents to or acquiesces in an act or omission mentioned in paragraphs (a) to (f).
Saving	(2) No prosecution for an offence under this section shall be instituted if a penalty for that offence has been imposed under section 38 or 39.
Punishment	(3) Every person who commits an offence under this section is liable to
	(a) a fine of not less than $200 and not more than $5,000 plus, in an appropriate case, an amount not more than double the amount of any benefits that may have been paid as a result of committing the offence; or
	(b) both the fine and imprisonment for a term of not more than six months.
Contravention of Act or regulations	136. (1) Every person who contravenes this Act or the regulations is guilty of an offence.
Obstructing person authorized by Commission	(2) Every person who delays or obstructs a person authorized by the Commission in exercising their powers or performing their duties under this Act or the regulations is guilty of an offence.
General penalty for offences	137. Every person who is guilty of an offence under this Act for which no penalty is provided is liable on summary conviction to a fine of not less than $100 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both.

Bill C-111

Offences and Punishment