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PART IV
DMINISTRATIVE PROVISIONS
Boards of Referees
76. (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 term of three years subject to renewal on expiration, and may be removed at any time by the Governor in Council for cause.
(3) Panels of employers and representatives of employers and insured persons and representatives of insured persons shall be established by the Commission, and the members of the boards of referees shall be selected from those panels in the manner prescribed.
Remuneration and allowances
(4) There shall be paid such remuneration to the chairperson and members of a board of referees and such travel, subsistence and other allowances, including compensation for loss of remunerative time, to them or to any other person required to attend before the board, and such other expenses in connection with the operation of a board of referees as the Treasury Board approves.
(5) Subject to this section, the Commission may, with the approval of the Governor in Council, make regulations for the constitution of boards of referees, including the appointment of the members thereof, the number of members constituting a quorum and the practice and procedure for proceedings before a board of referees.
(6) The Commission may, with the approval of the Governor in Council, make regulations
- (a) authorizing the chairperson of a board of referees to exclude from a hearing before the board any claimant or employer, or any representative thereof, 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 paragraph 28(4)(a) is being given;
- (b) requiring oral evidence given in the absence of a claimant or employer pursuant to regulations made under paragraph (a) to be made available, in the specified manner and time, to the claimant or employer; and
- (c) governing the time and manner in which a claimant or employer to whom oral evidence is made available pursuant to regulations made under paragraph (b) may respond to that evidence.
R.S., 1985, c. U-1, s. 76; 1990, c. 40, s. 41; 1993, c. 13, s. 24.
Umpires
77. (1) The Governor in Council may, from among the judges of the Federal Court, appoint such number of umpires as he considers necessary for the purposes of this Act and, subject to this Act, may prescribe their jurisdiction.
(2) Subject to subsection (4), any judge of a superior, county or district court in Canada and any person who has held office as a judge of a superior, county or district court in Canada may, at the request of the chief umpire made with the approval of the Governor in Council, act as an umpire, and while so acting has all the powers of an umpire.
Consent required
(3) No request may be made under subsection (2) to a judge of a provincial court without the consent of the chief justice or chief judge of the court of which he is a member, or of the attorney general of the province.
Approval of Governor in Council
(4) The Governor in Council may approve the making of requests pursuant to subsection (2) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section.
(5) A person who acts as an umpire pursuant to subsection (2) shall be paid a salary for the period he 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 him under that Act in respect of that period, and shall also be paid 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.
Chief umpire
(7) The Governor in Council may designate one of the umpires to be 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 the work of the umpires. 1970-71-72, c. 48, s. 92; 1976-77, c. 54, s. 55; 1980-81-82-83, c. 158, s. 55.
78. (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 him as informally and expeditiously as the circumstances and consideration of fairness will permit.
(2) Where 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 him and one or more umpires. 1970-71-72, c. 48, s. 93.
79. (1) The claimant or an employer of the claimant may at any time within thirty days after the day on which a decision of the Commission is communicated to him, or within such further time as the Commission may in any particular case for special reasons allow, appeal to the board of referees in the manner prescribed.
(1.1) Where a circumstance of sexual or other harassment mentioned in paragraph 28(4)(a) 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 camera 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.
(2) 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.
R.S., 1985, c. U-1, s. 79; 1993, c. 13, s. 25.
80. An appeal lies as of right to an umpire in the manner prescribed from any decision or order of a board of referees at the instance of the Commission, a claimant, an employer or an association of which the claimant or employer is a member, on the grounds 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.
R.S., 1985, c. U-1, s. 80; 1993, c. 34, s. 132(F).
81. An umpire may decide any question of law or fact that is necessary for the disposition of any appeal taken pursuant to section 80 and may dismiss the appeal, give the decision that the board of referees should have given, refer the matter back to the board of referees for re-hearing or re-determination in accordance with such directions as he considers appropriate or confirm, rescind or vary the decision of the board of referees in whole or in part. 1970-71-72, c. 48, s. 96; 1976-77, c. 54, s. 56.
Time for appeal
82. An appeal from a decision of a board of referees must be brought within sixty days after
- (a) the day the decision is communicated to the claimant, or
- (b) the earlier of the day that the decision is communicated to the claimant and the day that the decision is communicated to the employer, if the decision is communicated to both the claimant and the employer,
or such longer period as the umpire may in any case for special reasons allow. 1970-71-72, c. 48, s. 98.
83. [Repealed, 1990, c. 40, s. 42]
84.The decision of the umpire on an appeal from a decision of a board of referees is final and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.
R.S., 1985, c. U-1, s. 84; 1990, c. 8, s. 75.
85. Where on an appeal to an umpire from a decision of a board of referees a person affected by the decision is requested by the umpire to attend before him on the consideration of the appeal and so attends, he shall be paid such travel and other allowances, including compensation for loss of remunerative time, as are approved by the Treasury Board. 1970-71-72, c. 48, s. 101.
86. The Commission, a board of referees or the umpire may in respect of any decision given in any particular claim for benefit rescind or amend the decision on the presentation of new facts or on being satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact. 1970-71-72, c. 48, s. 102.
Payment of benefit pending appeal
87. (1) Where a claim for benefit is allowed by a board of referees, benefit is payable in accordance with the decision of the board notwithstanding that an appeal therefrom is pending, and any benefit paid in pursuance of this section after the decision of the board of referees shall be treated, notwithstanding that the final determination of the question is adverse to the claimant, as having been duly paid, and is not recoverable from the claimant.
(2) Subsection (1) does not apply
- (a) if the appeal was brought within twenty-one 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 31; and
- (b) in such other cases as the Commission by regulation prescribes. 1970-71-72, c. 48, s. 103.
88. In this Act, references to claims for benefit shall be construed as including references to questions arising in relation to those claims, and references to action on a claim shall be construed as including references to determining a question in favour of or adversely to a claimant. 1970-71-72, c. 48, s. 104.
89. If in the consideration of any claim for benefit any question specified in section 61 arises, that question shall be determined by the Minister of National Revenue as provided in Part III. 1970-71-72, c. 48, s. 105.
Claimant Assistance
90. The Commission shall develop and administer a claimant assistance program to assist claimants to become more employable by providing information and guidance in job searching and by directing claimants, when appropriate, to agencies for job placement, counselling or financial assistance. 1970-71-72, c. 48, s. 106.
91. The Commission may direct a claimant to attend at such place and at such time as the Commission may designate for an interview
- (a) to enable the Commission or other appropriate agency to provide information and instruction to assist him to find employment; or
- (b) to enable the Commission or other appropriate agency to identify a claimant who might be assisted by job training or other programs. 1970-71-72, c. 48, s. 107.
Investigations
92. (1) The Governor in Council may direct the Commission to investigate and report on all questions that the Governor in Council deems advisable or necessary.
(2) For the purpose of any investigation undertaken by the Commission under this Act, the Commission has all the powers of a commissioner under Part I of the Inquiries 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 thirty days after it is submitted to the Governor in Council or, if Parliament is not then sitting, on any of the first thirty days next thereafter that either House of Parliament is sitting. 1970-71-72, c. 48, s. 110.
Enforcement
93. (1) An information or complaint under any Part other than Part III may be laid or made by any officer of the Commission, by a member of the Royal Canadian Mounted Police or by any person thereunto authorized by the Commission and, where an information or complaint purports to have been laid or made under any Part other than Part III, it shall be deemed to have been laid or made by a person thereunto authorized by the Commission and shall not be called in 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.
Two or more offences
(2) An information or complaint in respect of an offence under any Part other than Part III may be for one or more offences and no information, complaint, warrant, conviction or other proceeding in a prosecution under any Part other than Part III is objectionable or insufficient by reason of the fact that it relates to two or more offences.
Territorial jurisdiction
(3) An information or complaint in respect of an offence under any Part other than Part III may be heard, tried or determined by any magistrate as defined in the Criminal Code if the accused is resident, carrying on business, found or apprehended or is in custody within his territorial jurisdiction although the matter of the information or complaint did not arise within his territorial jurisdiction.
Limitation of prosecutions
(4) A prosecution for an offence under any Part other than Part III may be commenced at any time within five years from the time when the subject-matter of the prosecution arose.
Proof of service by registered or certified mail
(5) Where, by any Part, other than Part III, or by a regulation, provision is made for sending by mail a request for information, a notice or a demand, an affidavit of an officer of the Commission, sworn before a commissioner or other person authorized to take affidavits, setting out that he has charge of the appropriate records, that he has knowledge of the facts in the particular case, that such a request, notice or demand was sent by registered or certified mail on a named day to the person to whom it was addressed, indicating the address, and that he identifies as exhibits attached to the affidavit the postal certificate of registration or proof of delivery or a true copy of the relevant portion thereof and a true copy of the request, notice or demand, is evidence of the sending and of the request, notice or demand.
Proof of personal service
(6) Where, by any Part other than Part III or a regulation, provision is made for personal service of a request for information, notice or demand, an affidavit of an officer of the Commission, sworn before a commissioner or other person authorized to take affidavits, setting out that he has charge of the appropriate records, that he has knowledge of the facts in the particular case, that such a request, notice or demand was served personally on a named day on the person to whom it was directed and that he 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.
Proof of failure to comply
(7) Where, by any Part other than Part III or a regulation, a person is required to make a return, statement, answer or certificate, an affidavit of an officer of the Commission, sworn before a commissioner or other person authorized to take affidavits, setting out that he has charge of the appropriate records and that after a careful examination and search of the records he 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 that person, is evidence that in that case that person did not make the return, statement, answer or certificate, as the case may be.
Proof of time of compliance
(8) Where, by any Part other than Part III or a regulation, a person is required to make a return, statement, answer or certificate, an affidavit of an officer of the Commission, sworn before a commissioner or other person authorized to take affidavits, setting out that he has charge of the appropriate records and that after careful examination of the records he 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 prior thereto.
Proof of documents
(9) An affidavit of an officer of the Commission, sworn before a commissioner or other person authorized to take affidavits, setting out that he has charge of the appropriate records and that a document annexed thereto is a document or true copy of a document made by or on behalf of the Commission or a person exercising the powers of the Commission or by or on behalf of an employer, is evidence of the nature and contents of the document and shall be admissible in evidence and have the same probative force as the original document would have if it were proven in the ordinary way.
(10) Where evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an officer of the Commission, it is not necessary to prove the signature of that person or that the person is such an officer nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn.
Judicial notice
(11) Judicial notice shall be taken of all orders or regulations made under any Part other than Part III without the orders or regulations being specially pleaded or proven.
Proof of documents
(12) Every document purporting to be an order, direction, demand, notice, certificate, requirement, decision or other document purporting to have been executed under, or in the course of, administration or enforcement of any Part other than Part III, over the name in writing of the Commission, or an officer authorized by regulation to exercise the powers or perform the duties of the Commission under any Part other than Part III, shall be deemed to be a document signed, made and issued by the Commission or the officer unless it has been called in question by the Commission or by a person acting for it or for Her Majesty.
Forms authorized
(13) Every form purporting to be a form authorized by the Commission shall be deemed to be a form authorized by order of the Commission under a Part other than Part III unless called in question by the Commission or a person acting for it or for Her Majesty.
Proof of return
(14) In any prosecution for an offence under any Part other than Part III, the production of a return, certificate, statement or answer required by or under that Part or a regulation, purporting to have been filed or delivered by or on behalf of the person charged with the offence or to have been made or signed by him or on his behalf is, in the absence of evidence to the contrary, proof that the return, certificate, statement or answer was filed or delivered by or on behalf of that person or was made or signed by him or on his behalf.
(15) In any proceedings before a board of referees or an umpire under any Part other than Part III, the production of a return, certificate, statement or answer required by or under that Part or a regulation, purporting to have been filed or delivered by or on behalf of any person or to have been made or signed by him or on his behalf is, in the absence of evidence to the contrary, proof that the return, certificate, statement or answer was filed or delivered by or on behalf of that person or was made or signed by him or on his behalf.
(16) In any prosecution for an offence under this Act, an affidavit of an officer of the Commission, sworn before a commissioner or other person authorized to take affidavits, setting out that he has charge of the appropriate records and that 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 therein.
Officers, etc., of corporations
(17) Where a corporation commits an offence under any Part other than Part III, 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.
R.S., 1985, c. U-1, s. 93; R.S., 1985, c. 1 (4th Supp.), ss. 35, 45(F).
94. (1) An amount payable under Part I that has not been paid or such part of an amount payable under that Part as has not been paid may be certified by the Commission
- (a) forthwith, when in the opinion of the Commission the person liable to pay the amount is attempting to avoid payment; and
- (b) otherwise, on the expiration of thirty days after the default.
(2) On production to the Federal Court, a certificate made under this section shall be registered in the Court and when registered has the same force and effect, and all proceedings may be taken thereon, 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) Where the Commission has knowledge or suspects that a person is or is about to become indebted or liable to make any payment to a person liable to make a payment under Part I, it may, by a notice served personally or sent by registered or certified mail, require him to pay the moneys otherwise payable to that person in whole or in part to the Receiver General on account of the liability under that Part.
(5) The receipt of the Commission for moneys paid as required under subsection (4) or (6) is a good and sufficient discharge of the original liability to the extent of the payment.
(6) Where the Commission has, under subsection (4), required an employer to pay to the Receiver General on account of an insured person's liability under Part I moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future payments by the employer to the insured person in respect of remuneration until the liability under Part I is satisfied and operates to require payments to the Receiver General out of each payment of remuneration of such amount as may be stipulated by the Commission in the notice referred to in subsection (4).
(7) Every person who has discharged any liability to a person liable to make a payment under Part I without complying with a requirement under subsection (4) or (6) is liable to pay to Her Majesty an amount equal to the liability discharged or the amount that he was required under this section to pay to the Receiver General, whichever is the lesser.
Service of garnishee
(8) Where a person who is or is about to become indebted or liable carries on business under a name or style other than his own name, the notice referred to in subsection (4) may be addressed to the name or style under which he carries on business and, in the case of personal service, shall be deemed to have been validly served if it has been left with an adult person employed at the place of business of the addressee.
(9) Where the person who is or is about to become indebted or liable carries on business in partnership, the notice referred to in subsection (4) may be addressed to the partnership name and, in the case of personal service, shall be deemed to have been validly served if it has been 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 III, 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 benefit payable under this Act and, for those purposes, the authorized person may
- (a) subject to subsection (11), enter any premises or place where he 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 to the authorized person all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act other than Part III and, for that purpose, require the owner, occupant or person in charge of the premises or place to attend at such premises or place with the authorized person.
Warrant required to enter dwelling-house
(11) Where a premises or place referred to in subsection (10) is a dwelling-house, an authorized person may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (12).
Warrant or order
(12) Where, on ex parte application by the Commission, a judge is satisfied by information on oath
- (a) that there are reasonable grounds for believing that a dwelling-house is a premises or place referred to in subsection (10),
- (b) that entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of any Part of this Act, other than Part III, and
- (c) that entry into the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,
the judge shall issue a warrant authorizing an authorized person to enter that dwelling-house subject to such conditions as may be specified in the warrant but, where the judge is not satisfied that entry into that dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, other than Part III, the judge shall
- (d) order the occupant of the dwelling-house to provide an authorized person with reasonable access to any document that is or should be kept therein, and
- (e) make such other order as is appropriate in the circumstances to carry out the purposes of this Act, other than Part III,
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.
Requirement to provide documents and information
(13) Notwithstanding any other provision of this Act, the Commission may, subject to subsection (14), for any purpose relating to the administration or enforcement of this Act, other than Part III, by notice served personally or by registered or certified mail, require that any person provide, within such reasonable time as is stipulated in the notice,
- (a) any information or additional information, including any information return or supplementary return; or
- (b) any document.
Unnamed persons
(14) The Commission shall not impose on any person, in this section referred to as a "third party", a requirement under subsection (13) to provide information or any document relating to one or more unnamed persons unless it first obtains the authorization of a judge under subsection (15).
Judicial authorization
(15) 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 (13) relating to an unnamed person or more than one unnamed person, 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;
- (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 III;
- (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 pursuant to the requirement or to otherwise comply with this Act; and
- (d) the information or document is not otherwise more readily available.
Service of authorization
(16) Where an authorization is granted under subsection (15), the authorization shall be served together with the notice referred to in subsection (13).
Review of authorization
(17) Where an authorization is granted under subsection (15), a third party on whom a notice is served under subsection (13) may, within 15 days after the service of the notice, apply to the judge who granted the authorization or, where the judge is unable to act, to another judge of the same court for a review of the authorization.
Powers on review
(18) On hearing an application under subsection (17), a judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (15)(a) to (d) have been met and he may confirm or vary the authorization if he is satisfied that those conditions have been met.
Copies as evidence
(19) Where any document is inspected, examined or provided in accordance with subsection (10) or (13), the person by whom it is inspected or examined or to whom it is provided or any officer of the Commission may make, or cause to be made, one or more copies thereof and any document purporting to be certified by the Commission or an authorized person to be a copy made pursuant to 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.
(20) No person shall hinder, molest or interfere with any person doing anything that he is authorized to do by or pursuant to 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 he is unable to do so, do everything he is required to do by or pursuant to this section.
(21) In this section,
"authorized person"
personne autorisée
"authorized person" means a person authorized in writing by the Commission for the purposes of this section;
"documents" documents
"documents" includes money, securities and any of the following, whether computerized or not: books, records, letters, telegrams, vouchers, invoices, accounts and statements (financial or otherwise);
"dwelling-house"
maison d'habitation
"dwelling-house" means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence and includes
- (a) a building within the curtilage 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.
R.S., 1985, c. U-1, s. 94; R.S., 1985, c. 5 (2nd Supp.), s. 8, c. 1 (4th Supp.), s. 36; 1990, c. 40, s. 43(F); 1991, c. 49, s. 231.
95. [Repealed, R.S., 1985, c. 5 (2nd Supp.), s. 9]
96. Information, written or oral, obtained by the Commission or the Department of Employment and Immigration from any person under this Act or any regulation thereunder shall be made available only to the employees of the Commission or the Department in the course of their employment and such other persons as the Minister deems advisable, and neither the Commission, nor the Department nor any of the employees of the Commission or Depart- ment is compellable to answer any question concerning that information, or to produce any records or other documents containing that information as evidence in any proceedings not directly concerned with the enforcement or interpretation of this Act or the regulations. 1970-71-72, c. 48, s. 114; 1976-77, c. 54, s. 60.1.
96.1 Notwithstanding any other provision of this Act, any information under the control of the Commission or the Department of Employment and Immigration, including information obtained or compiled under this Act, 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. 1995, c. 33, s.49
97. When an employer, claimant or other person gives to the Commission, an officer of 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 benefit under this Act, the giving of the evidence is an occasion of qualified privilege. 1970-71-72, c. 48, s. 115.
98. Where, by reason of the failure or neglect of any person to comply with this Act or the regulations, any other person loses the right to claim, in whole or in part, any benefit to which he would otherwise be entitled under this Act, the Commission may nevertheless pay the benefit. 1970-71-72, c. 48, s. 116.
99. Where any question specified in section 61 arises in any legal proceedings, the justice or justices of the peace, magistrate, judge or court before whom it arises shall, if the question has not been decided by the Minister of National Revenue, refer the question to the Minister and defer further proceedings until the Minister's decision is received, and on receipt of the Minister's decision shall proceed with the hearing and judgment of the legal proceedings and, where an appeal to the Tax Court of Canada has been made, shall nevertheless proceed with the hearing but defer judgment until the decision of the Tax Court of Canada is received. 1970-71-72, c. 48, s. 117; 1980-81-82-83, c. 158, s. 56.
100. Where in any legal proceedings any question arises and
- (a) that question is one that could be decided by the Commission, or
- (b) an appeal from a decision of the Commission, or an authorized officer thereof, is pending on that question,
the justice or justices of the peace, magistrate, judge or court before whom the question arises shall, in the case of a question coming within paragraph (a), refer the question to the Commission and defer further proceedings until the Commission's decision is received, or, in the case of a question coming within paragraph (b), defer further proceedings until the appeal decision is received, and on receipt of that decision shall proceed with the hearing and judgment and, in any proceedings under this Act, any such decision is conclusive except in accordance with the Federal Court Act. 1970-71-72, c. 48, s. 118.
101. 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. 1970-71-72, c. 48, s. 119; 1976-77, c. 54, s. 61.
102. (1) In any proceedings under this Act,
- (a) a document purporting to be a resolution, record or other proceeding of the Commission or other proceeding under this Act or a copy thereof, and purporting to be certified by a Commissioner or the Secretary of the Commission,
- (b) a document purporting to be, or purporting 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
Documents sent by mail
(2) For the purposes of this Act and the regulations and any proceedings thereunder, a document purporting to be a certificate of the Commission or an officer or employee of 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 evidence
(3) In any proceedings under this Act or the regulations, any print that is made from a photographic film made by the Commission in order to keep a permanent record of any document and that is certified by the Commission or an officer employed in the administration of this Act is admissible in evidence for all purposes for which the object photographed 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.
R.S., 1985, c. U-1, s. 102; R.S., 1985, c. 1 (4th Supp.), s. 37; 1990, c. 40, s. 44(E); 1992, c. 1, s. 139.
- (ii) any entry in any books or records in the custody of the Commission,
and purporting to be certified by the Commission or an officer employed in the administration of this Act,
- (i) a document in the custody of the Commission or a document issued under this Act, or
- (c) a document purporting to be certified by the Commission or an officer employed in the administration of this Act and setting out the amount of any contributions paid, payable or owing or the amount of any benefit or other amount paid to or owing by any person, and
- (d) a document purporting
- (i) to be, or to be a copy of or extract from, any of the following, whether computerized or not, 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 officer employed in the administration of this Act to whom the documents referred to 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 thereof.
- (i) to be, or to be a copy of or extract from, any of the following, whether computerized or not, namely, an employer's register, books, pay sheets, records of wages, ledgers, accounts or other documents, and
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