Bill C-2
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Set-off
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(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.
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Certificates
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(2.2) All or part of the debt that has not been
recovered may be certified by the Minister
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Judgment
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(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.
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Judgment
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(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.
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Costs
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(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.
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Charge on
land
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(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.
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Garnishment
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(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.
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Debt due to
the Crown
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(2.8) An amount not paid as required by a
notice under subsection (2.7) is a debt due to
Her Majesty.
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Proof of
personal
service
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(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
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is evidence of the personal service and of the
request, notice or demand.
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106. Subsection 44(3) of the Act is re
placed by the following:
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Limitation
period
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(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.
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Saving
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(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.
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107. The Act is amended by adding the
following after section 44:
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Penalties
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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
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Maximum
penalty
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(2) The Minister may set the amount of the
penalty for each act or omission at not more
than $10,000.
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Limitation on
imposition of
penalties
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(3) A penalty shall not be imposed on a
person under subsection (1) if
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Rescission,
etc., of
penalty
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(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.
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Interpreta- tion
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44.2 (1) The definitions in this subsection
apply in this section.
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``document'' « docu- ment »
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``document'' includes moneys, securities,
books, records, letters, accounts, state
ments (financial or otherwise), correspon
dence, memoranda, film, microform, vid
eotape, photographs, machine-readable re
cords and other documentary material, re
gardless of form or characteristics, and any
copy or printout of any of them.
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``dwelling- house'' « maison d'habita- tion »
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``dwelling-house'' means the whole or a part
of a building or structure that is kept or oc
cupied as a permanent or temporary resi
dence and includes
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``judge'' « juge »
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``judge'' means a judge of a superior court
having jurisdiction in the province where
the matter arises or a judge of the Federal
Court.
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Inspections
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(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
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Warrant
required to
enter
dwelling- house
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(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).
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Warrant
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(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
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Other access
to document
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(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
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Requirement
to provide
documents or
information
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(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.
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Unnamed
persons
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(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).
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Judicial
authorization
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(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
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Service of
authorization
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(9) If an authorization is granted under
subsection (8), the authorization shall be
served together with the notice referred to in
subsection (6).
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Review of
authorization
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(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.
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Powers on
review
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(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.
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Copies as
evidence
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(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.
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Compliance
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(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.
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CONSEQUENTIAL AMENDMENTS |
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R.S., c. F-11
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Financial Administration Act |
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1993, c. 1,
s. 9
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108. Subsection 85(1) of the Financial
Administration Act is replaced by the fol
lowing:
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Exempted
Crown
corporations
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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.
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1996, c. 6,
Sch.
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Payment Clearing and Settlement Act |
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109. The definition ``financial institu
tion'' 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):
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COMING INTO FORCE |
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Coming into
force
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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.
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Coming into
force
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(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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