111. (1) There shall be boards of referees, consisting of a chairperson and one or more members chosen from employers or representatives of employers and an equal number of members chosen from insured persons or representatives of insured persons.

     (2) The chairperson of a board of referees shall be appointed by the Governor in Council for a renewable term of three years and may be removed at any time by the Governor in Council for cause.

     (3) Panels of employers and their representatives and insured persons and their representatives shall be established by the Commission, and the members of the boards of referees shall be selected from those panels in the prescribed manner.

     (4) The following amounts, as approved by the Treasury Board, shall be paid:

(a) remuneration to the chairperson and members of a board of referees;

(b) travel, subsistence and other allowances, including compensation for loss of remunerative time, to the chairperson and members and to any other person required to attend before the board; and

(c) any other expenses in connection with the operation of the board.

     (5) The Commission may, with the approval of the Governor in Council, make regulations

(a) for the constitution of boards of referees, including the appointment of the members, the number of members constituting a quorum;

(a.1) respecting the practice and procedure for proceedings before a board of referees, including authorizing the chairperson of a board of referees to determine the practice and procedure;

(b) authorizing the chairperson of a board of referees to exclude from a hearing before the board any claimant or employer, or any of their representatives, or any person who is or may be a witness at the hearing, when oral evidence concerning a circumstance of sexual or other harassment mentioned in subparagraph 29(c)(i) is being given;

(c) requiring the oral evidence given in the absence of a claimant or employer to be made available, in the specified manner and time, to the claimant or employer; and

(d) governing the time and manner in which a claimant or employer to whom the oral evidence is made available may respond to the evidence.

Umpires

     112. (1) The Governor in Council may appoint from among the judges of the Federal Court such number of umpires as the Governor in Council considers necessary for the purposes of this Act and, subject to this Act, may prescribe their jurisdiction.

     (2) Subject to subsection (4), a judge or former judge appointed under an Act of Parliament or the legislature of a province may, at the request of the chief umpire made with the approval of the Governor in Council, act as an umpire and, while acting, the judge or former judge has all the powers of an umpire.

     (3) No request may be made to a judge without the consent of the chief justice or chief judge of the court of which the judge is a member, or, in the case of a judge of the court of a province, the consent of the attorney general of the province.

     (4) The Governor in Council may approve the making of the requests in general terms or for particular periods or purposes, and may limit the number of persons who may act under subsection (2).

     (5) A judge or former judge who acts as an umpire shall be paid

(a) a salary for the period the person acts at the rate fixed by the Judges Act for a judge of the Federal Court, other than the Chief Justice or the Associate Chief Justice of that Court, less any amount otherwise payable to the person under that Act for the period; and

(b) the travel allowances that a judge is entitled to be paid under that Act.

     (6) An umpire may sit and hear appeals under this Act at any place in Canada.

     (7) The Governor in Council may designate one of the umpires to be the chief umpire.

     (8) The chief umpire has supervision over and direction of the work of the umpires, subject to such rules as the chief umpire may, with the approval of the Governor in Council, make to regulate their work.

     113. (1) An umpire is not bound by any legal or technical rules of evidence in conducting hearings for the purposes of this Act and all appeals shall be dealt with by the umpire as informally and expeditiously as the circumstances and fairness will permit.

     (2) If in the opinion of the chief umpire an appeal concerns a matter of significant importance to the administration of this Act, the chief umpire may direct that the appeal be reviewed or heard jointly by the chief umpire and one or more other umpires.

Appeals

     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.

     (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.

     (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.

     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.

     (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.

     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.

     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.

     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.

     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.

     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.

     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.

     (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.

     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.

     123. The Commission may, with the approval of the Governor in Council, make regulations prescribing the procedure to be followed in appeals.

Investigations

     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.

     (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.

     (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.

     (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

     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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (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.

     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.

     (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.

     (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.

     (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.

     (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).

     (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.

     (7) An amount not paid as required by a notice under subsection (4) or (5) is a debt due to Her Majesty.

     (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.

     (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.

     (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.

     (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).

     (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.

     (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 expected to be refused and that the document is or may be expected to be kept in the dwelling-house.

     (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.

     (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).

     (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.

     (17) If the authorization is granted, it shall be served together with the notice mentioned in subsection (14).

     (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.

     (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.

     (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.

     (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.

     (22) In this section,

"authorized person" means a person authorized in writing by the Commission for the purposes of this section;

"judge" means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court.

     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.

     (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.

     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.

     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.

     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.

     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.

     (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.

     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.

     (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.

     (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.

     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.

     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 document without proof of the signature or official character of the person appearing to have signed the certificate and without further proof.

     (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.

     (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 admitted as evidence in the proceedings without proof of the signature or official character of the person appearing to have signed the certificate.

     (4) For greater certainty, a reference to a document in this section includes a document in electronic form.

Offences and Punishment

     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;

(b.1) knowingly fails to declare to the Commission all or some of their earnings for a period determined under the regulations for which they claimed benefits;

(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).

     (2) No prosecution for an offence under this section shall be instituted if a penalty for that offence has been imposed under section 38, 39 or 65.1.

     (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,

(i) in a case mentioned in paragraph (1) (b.1), an amount of not more than double the total of the amount by which the person's benefits were reduced under subsection 19(3) and the amount of the benefits that would have been paid to the claimant for the period mentioned in that paragraph if the benefits had not been reduced or the claimant had not been disentitled or disqualified from receiving benefits, or

(ii) in any other appropriate case, an amount of 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.

     136. (1) Every person who contravenes this Act or the regulations is guilty of an offence.

     (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.

     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.

Social Insurance Number

     138. (1) Every person employed in insurable employment shall be registered with the Commission.

     (2) The Commission shall maintain a register containing the names of all insured persons registered with the Commission and such other information as it determines is required to identify accurately all persons so registered.

     (3) The Commission shall assign to each person registered with it a number that is suitable for use as a file number or account number or for data processing purposes and the number so assigned to a person by the Commission under this section is the person's Social Insurance Number for any purpose for which a Social Insurance Number is required.

     (4) The Commission shall issue to each person registered with it a card containing the person's name and Social Insurance Number.

     139. (1) Subject to and in accordance with the regulations, the Commission may maintain a Social Insurance Register containing

(a) the names of individuals registered under section 138;

(b) the names of individuals to whom a Social Insurance Number has been issued under the Canada Pension Plan; and

(c) the names of individuals for whom application has been made to the Commission for a Social Insurance Number.

     (2) The Social Insurance Register may, subject to such regulations as the Governor in Council may make in that behalf, contain such other information in addition to the names and Social Insurance Numbers of individuals as is necessary to identify accurately all individuals so registered.

     (3) If a Social Insurance Number is assigned to an individual by the Commission in the course of maintaining the registers mentioned in this section and section 138, the Commission shall issue a Social Insurance Number card to the individual so registered and that number is the individual's Social Insurance Number for all purposes for which a Social Insurance Number is required.

     (4) The Commission may, with the approval of the Governor in Council, make regulations respecting the registration of individuals under this section and section 138, the application for that registration, the issuance, custody, production and use of Social Insurance Number cards and the replacement of cards that have been lost, destroyed or defaced.

     (5) The Commission may, subject to such regulations as the Governor in Council may make in that behalf, make available such information contained in the registers maintained under this section and section 138 as the Commission deems necessary for the accurate identification of individuals and for the effective use by those individuals of Social Insurance Numbers and Social Insurance Number cards, to such persons as the Commission thinks appropriate to accomplish that purpose.

     (6) A person who has been assigned a Social Insurance Number may subsequently be assigned another Social Insurance Number, in accordance with and subject to such regulations as the Commission may prescribe, if

(a) the number first assigned has been assigned to another person;

(b) wrongful use by another person of the number first assigned has created a situation in which the person to whom the number was first assigned is or may be caused embarrassment or hardship; or

(c) there are other special or unusual circumstances that would make the issuance of another number desirable.

     (7) When a new Social Insurance Number is assigned to a person, any number previously assigned to that person becomes void.

     (8) If a person has inadvertently been assigned more than one Social Insurance Number, the Commission shall determine which number is the official number and shall void the others.

     140. If the name of a person to whom a Social Insurance Number has been assigned is changed because of marriage or otherwise, the person shall apply to the Commission within 60 days after the change of name becomes effective for a Social Insurance Number card in the person's new name, unless the person has already made an application for a new Social Insurance Number card to another authority empowered to receive the application.

     141. (1) No person

(a) who has been assigned a Social Insurance Number shall knowingly make an application to be again assigned a Social Insurance Number, whether the person gives information that is the same as or different from that contained in their previous application on which the Social Insurance Number had been assigned;

(b) shall, with intent to defraud or deceive any person, present, loan or use a Social Insurance Number or Social Insurance Number card;

(c) shall, without the authority of the Commission, manufacture a Social Insurance Number card or a substantially similar card, or duplicate a Social Insurance Number card, except by making a paper photocopy for record purposes only; or

(d) shall, without the authority of the Commission, sell a Social Insurance Number, a Social Insurance Number card or a substantially similar card.

     (2) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both.

Reports

     142. All reports, recommendations and submissions required to be made to the Governor in Council under this Act, whether by the Commission or otherwise, shall be submitted through the Minister.

     143. (1) Notwithstanding anything in this Act, the Commission may, with the approval of the Governor in Council, make regulations as it deems necessary for the establishment and operation of electronic systems or any other technology to be used in the administration of this Act, including regulations respecting

(a) the keeping of documents and their admissibility in proceedings under this Act;

(b) the supplying of information for claims for benefits or for other purposes under this Act, the making of claims for benefits, in electronic or other form, the notification of persons and the transmission of any other information under this Act, including

(i) the information that may be supplied in electronic or other form,

(ii) the persons or groups or classes of persons by whom it may be supplied,

(iii) the signature in electronic or other form of documents or the execution, adoption or authorization of documents in a manner that under the regulations is to have the same effect for the purposes of this Act as a signature, and

(iv) the time and date when information supplied in electronic or other form is deemed to be received;

(c) the payment of amounts under this Act by electronic instructions; and

(d) the manner in which and the extent to which any provision of this Act or the regulations applies to the electronic systems, and adapting any such provision for the purpose of applying it.

     (2) Regulations made under this section may apply on a trial basis.