Wage Earner Protection Program for an employee: After you’ve applied
6. After you've applied
Service Canada aims to issue a decision letter within 35 days of receiving all necessary information to complete your file. Submitting a complete application will help with timely processing.
Service Canada will issue a letter to you and the trustee/receiver explaining the payment decision. A letter is also issued to both parties if your application is denied.
Note: Trustees/receivers have 45 days after the date of the bankruptcy, receivership, or date the court determined the former employer terminated all of its employees, in Canada, other than any retained to wind down its business operations to provide Service Canada information on you and amounts owed. The 35-day processing time starts after all required information is received.
If you do not receive your decision letter within 35 days of applying, please contact the Wage Earner Protection Program to check the status of your application. You will need to provide your Social Insurance Number (SIN).
Requesting a review of your decision
If you disagree with Service Canada's decision regarding your eligibility, you may request a Ministerial review of the decision.
The written request must be made within 30 days from the date you were informed of the Service Canada decision using the WEPP form – Request for review by Minister. In requesting a review, you may submit new information that could impact the decision.
In conducting the Ministerial review, the trustee/receiver may be contacted for further documentation, information or clarification.
Service Canada will issue a letter to you and the trustee/receiver explaining the review decision.
Requesting an appeal
If you are not satisfied with the Ministerial review decision, you may appeal the decision on a question of law or jurisdiction only.
The written appeal must be made within 60 days from the date you were informed of the Ministerial review decision. Unlike the review process, new facts or evidence cannot be introduced.
The Canada Industrial Relations Board (CIRB) is responsible for the adjudication of appeals under the Wage Earner Protection Program Act. Appeals must be submitted directly to the Board. For more information, please visit the CIRB website or call 1-800-575-9696.
If you are informed that you have received a higher WEPP payment than what you are entitled to (WEPP overpayment), it is important that you repay any amounts owed immediately in order to prevent interest from accruing. Even if you request a review of a decision on an overpayment, interest will continue to accrue. Interest accrued on WEPP overpayments can only be waived if there is a change in decision.
Once you have repaid any WEPP overpayment, you should advise Employment Insurance (EI) of the actual WEPP amounts you were entitled as it may affect your EI entitlement.
WEPP and family support orders or agreements
A garnishment is the lawful transfer of money owed by a third party (for example the federal government) to the person who is in default of a debt, such as family support payments.
Your WEPP payments may be garnished if Justice Canada is required by the Family Orders and Agreement Enforcement Assistance Act to intercept them. If you have not paid amounts owed as required by a family support order agreement, some or all of your WEPP payments may be redirected by garnishment.
Please visit the Provincial and Territorial family maintenance enforcement programs page of the Justice Canada's website for more information.
You can also call the Automated Information System Toll-free at 1-800-267-7777 (TTY: 1-800-267-7676).
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