Employment Insurance Act - Part I - Unemployment Benefits
Current Version of the Employment Insurance Act
PART IUNEMPLOYMENT BENEFITS
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Penalty for claimants, etc. |
38. (1) The Commission may impose on a claimant, or any other person acting for a claimant, a penalty for each of the following acts or omissions if the Commission becomes aware of facts that in its opinion establish that the claimant or other person has (a) in relation to a claim for benefits, made a representation that the claimant or other person knew was false or misleading; |
Maximum penalty | (2) The Commission may set the amount of the penalty for each act or omission at not more than(a) three times the claimant's rate of weekly benefits; |
Determination under subsection 145(2) | (3) For greater certainty, weeks of regular benefits that are repaid as a result of an act or omission mentioned in subsection (1) are deemed to be weeks of regular benefits paid for the purposes of the application of subsection 145(2). |
Penalty for employers, etc. | 39. (1) The Commission may impose on an employer, or any other person acting for an employer or pretending to be or act for an employer, a penalty for each of the following acts if the Commission becomes aware of facts that in its opinion establish that the employer or other person has(a) made, in relation to any matter arising under this Act, a representation that the employer or other person knew was false or misleading; |
Maximum penalty | (2) The Commission may set the amount of the penalty for each act at not more than nine times the maximum rate of weekly benefits in effect when the penalty is imposed. |
Officers, etc., of corporations | (3) If the Commission becomes aware of facts that in its opinion establish that a corporation has committed an act described in subsection (1) and that any officer, director or agent of the corporation has directed, authorized, assented to, acquiesced in or participated in the act, the Commission may impose a penalty on the officer, director or agent, whether or not a penalty has been imposed on the corporation. |
Contravention of information requirements | (4) Notwithstanding subsection (2), if the act involves the provision of information about any matter on which the fulfilment of conditions for the qualification and entitlement for receiving or continuing to receive benefits depends, the Commission may set the amount of the penalty at not more than the greater of(a) $12,000, and |
Major contraventions | (5) Notwithstanding subsection (2), the Commission may set the amount of the penalty at an amount required or authorized by the regulations if the act is a major contravention, as defined under the regulations. |
Limitation on imposition of penalties | 40. A penalty shall not be imposed under section 38 or 39 if (a) a prosecution for the act or omission has been initiated against the employee, employer or other person; or (b) 36 months have passed since the day on which the act or omission occurred. |
Rescission, etc., of penalty | 41. The Commission may rescind the imposition of a penalty under section 38 or 39, 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. |
Warning | 41.1 (1) The Commission may issue a warning instead of setting the amount of a penalty for an act or omission under subsection 38(2) or 39(2). |
Limitation period | (2) Notwithstanding paragraph 40(b), a warning may be issued within 72 months after the day on which the act or omission occurred. |
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