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Bill C-2

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Set-off

(2.1) If any amount is or becomes payable to the person or to the person's estate or succession under this Act or any other Act or program administered by the Minister, the amount of the debt may be deducted and retained out of the amount payable in the prescribed manner.

Certificates

(2.2) All or part of the debt that has not been recovered may be certified by the Minister

    (a) without delay, if in the Minister's opinion 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.

Judgment

(2.3) On production to the Federal Court, the certificate shall be registered in the Court. When it is registered, it 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.

Judgment

(2.4) A certificate registered under subsection (2.3) may also be registered in the superior court of a province as if it were a document evidencing a judgment of that court.

Costs

(2.5) All reasonable costs and charges for the registration of the certificate are recoverable in the same way as if they had been certified and the certificate registered under this section.

Charge on land

(2.6) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2.3) or (2.4) may be recorded for the purpose of creating a charge, lien, prior claim or legal hypothec on land in a province, or on an interest in land in a province, held or owned by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create a charge, lien, prior claim or legal hypothec on land, or an interest in land, held or owned by the person.

Garnishment

(2.7) If the Minister knows 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 subsection (1) or section 44.1, the Minister may, by a notice served personally or by 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.

Debt due to the Crown

(2.8) An amount not paid as required by a notice under subsection (2.7) is a debt due to Her Majesty.

Proof of personal service

(2.9) If provision is made by this Act or the regulations for personal service of a request for information or a notice or demand, an affidavit of the person effecting service 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.

106. Subsection 44(3) of the Act is replaced by the following:

Limitation period

(3) 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.

Saving

(4) No proceeding shall be commenced under this section or the Criminal Code for an act or omission if a penalty for that act or omission has been imposed under section 44.1.

107. The Act is amended by adding the following after section 44:

Penalties

44.1 (1) The Minister may impose on a person a penalty for each of the following acts or omissions if the Minister becomes aware of facts that in the Minister's opinion establish that the person has

    (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 income;

    (d) received or obtained by cheque or otherwise a benefit payment to which the person is not entitled, or a benefit payment in excess of the amount of the benefit payment to which the person is 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).

Maximum penalty

(2) The Minister may set the amount of the penalty for each act or omission at not more than $10,000.

Limitation on imposition of penalties

(3) A penalty shall not be imposed on a person under subsection (1) if

    (a) a prosecution for the act or omission has been initiated against the person; or

    (b) five years have passed since the day on which the Minister became aware of the act or omission.

Rescission, etc., of penalty

(4) The Minister may rescind the imposition of a penalty under subsection (1), or reduce the penalty, on the presentation of new facts or on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.

Interpreta-
tion

44.2 (1) The definitions in this subsection apply in this section.

``document''
« document »

``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.

``dwelling-
house''
« maison d'habita-
tion »

``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

      (a) a building within the yard of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and

      (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence.

``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.

Inspections

(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 a document relating to the entitlement of a person to a benefit or the amount of that 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.

Warrant required to enter dwelling-
house

(3) If 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).

Warrant

(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.

Other access to document

(5) If 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

    (a) order the occupant of the dwelling-house to provide the Minister with reasonable access to the document; and

    (b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act.

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.

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).

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

    (a) the person or group is ascertainable; and

    (b) the requirement is made to verify compliance by the person or persons in the group with a duty or obligation under this Act.

Service of authorization

(9) If an authorization is granted under subsection (8), the authorization shall be served together with the notice referred to in subsection (6).

Review of authorization

(10) If 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.

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.

Copies as evidence

(12) When 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.

Compliance

(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.

CONSEQUENTIAL AMENDMENTS

R.S., c. F-11

Financial Administration Act

1993, c. 1, s. 9

108. Subsection 85(1) of the Financial Administration Act is replaced by the following:

Exempted Crown corporations

85. (1) Divisions I to IV do not apply to the Bank of Canada, the Canada Council, the Canada Pension Plan Investment Board, the Canadian Broadcasting Corporation, the Canadian Film Development Corporation, the Canadian Wheat Board, the International Development Research Centre or the National Arts Centre Corporation.

1996, c. 6, Sch.

Payment Clearing and Settlement Act

109. The definition ``financial institution'' in subsection 13(2) of the Payment Clearing and Settlement Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):

      (d) the Canada Pension Plan Investment Board;

COMING INTO FORCE

Coming into force

110. (1) Sections 1 to 59, 61, 69 to 71, 74 and 76, subsection 77(1) and sections 81, 83, 89 to 94, 96 to 98, 108 and 109 come into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day or days to be fixed by order of the Governor in Council.

Coming into force

(2) Section 84, subsection 90(3) of the Canada Pension Plan as enacted by section 86, section 90.1 of the Canada Pension Plan as enacted by section 87, sections 100 and 101, subsection 44(4) of the Old Age Security Act as enacted by section 106 and section 44.1 of the Old Age Security Act as enacted by section 107 come into force on a day or days to be fixed by order of the Governor in Council.

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