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PART II |
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EMPLOYMENT BENEFITS AND NATIONAL EMPLOYMENT SERVICE |
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Purpose
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56. The purpose of this Part is to help
maintain a sustainable employment insurance
system through the establishment of
employment benefits for insured participants
and the maintenance of a national
employment service.
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Guidelines
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57. (1) Employment benefits and support
measures under this Part shall be established
in accordance with the following guidelines:
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Working in
concert with
provincial
governments
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(2) To give effect to the purpose and
guidelines of this Part, the Commission shall
work in concert with the government of each
province in which employment benefits and
support measures are to be implemented in
designing the benefits and measures,
determining how they are to be implemented
and establishing the framework for evaluating
their success.
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Agreements
with
provinces
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(3) The Commission shall invite the
government of each province to enter into
agreements for the purposes of subsection (2)
or any other agreements authorized by this
Part.
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Definition of
``insured
participant''
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58. In this Part, ``insured participant''
means an insured person who requests
assistance under employment benefits and,
when requesting the assistance, is an
unemployed person
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Employment
benefits for
insured
participants
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59. The Commission may establish
employment benefits to enable insured
participants to obtain employment, including
benefits to
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National
employment
service
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60. (1) The Commission shall maintain a
national employment service to provide
information on employment opportunities
across Canada to help workers find suitable
employment and help employers find suitable
workers.
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Duties of the
Commission
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(2) The Commission shall
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Regulations
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(3) The Commission may, with the approval
of the Governor in Council, make regulations
for the purposes of subsections (1) and (2).
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Support
measures
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(4) In support of the national employment
service, the Commission may establish
support measures to support
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Limitation
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(5) Support measures established under
paragraph (4)(b) shall not
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Financial
assistance
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61. (1) For the purpose of implementing
employment benefits and support measures,
the Commission may, in accordance with
terms and conditions approved by the
Treasury Board, provide financial assistance
in the form of
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Provincial
agreement
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(2) The Commission may not provide any
financial assistance in a province in support of
employment benefits mentioned in paragraph
59(e) without the agreement of the
government of the province.
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Transitional
payments for
educational
institutions
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(3) Payments under paragraph (1)(c)
include the following transitional payments,
which may not be made under this section
more than three years after it comes into force:
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Agreements
for
administering
employment
benefits and
support
measures
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62. The Commission may, with the
approval of the Minister, enter into an
agreement or arrangement for the
administration of employment benefits or
support measures on its behalf by a
department, board or agency of the
Government of Canada, another government
or government agency in Canada or any other
public or private organization.
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Agreements
for paying
costs of
similar
benefits and
measures
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63. The Commission may, with the
approval of the Minister, enter into an
agreement with a government or government
agency in Canada or any other public or
private organization to provide for the
payment of contributions for all or a portion of
any costs it incurs in relation to benefits or
measures that are similar to employment
benefits or support measures under this Part
and are consistent with the purpose and
guidelines of this Part.
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No appeal
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64. A decision of the Commission made in
relation to employment benefits or support
measures is not subject to appeal under section
114 or 115.
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Liability for
repayments
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65. (1) A person is liable to repay the
following amounts paid under section 61:
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Debts due the
Crown
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(2) The repayable amounts are debts due to
Her Majesty and are recoverable in the
Federal Court or any other court of competent
jurisdiction or in any other manner provided
by this Act.
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Recovery
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(3) If an amount becomes payable to the
person under section 61, the amount of their
indebtedness to Her Majesty may be
recovered out of the amount payable.
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PART III |
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PREMIUMS AND OTHER FINANCIAL MATTERS |
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Premiums |
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Annual
premium rate
setting
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66. The Commission shall, with the
approval of the Governor in Council on the
recommendation of the Minister and the
Minister of Finance, set the premium rate for
each year at a rate that the Commission
considers will, to the extent possible,
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Employee's
premium
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67. Subject to section 70, a person
employed in insurable employment shall pay,
by deduction as provided in subsection 82(1),
a premium equal to their insurable earnings
multiplied by the premium rate set by the
Commission.
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Employer's
premium
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68. Subject to sections 69 and 70, an
employer shall pay a premium equal to 1.4
times the employees' premiums that the
employer is required to deduct under
subsection 82(1).
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Premium
reduction -
wage-loss
plans
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69. (1) The Commission shall, with the
approval of the Governor in Council, make
regulations to provide a system for reducing
the employer's premium where
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Premium
reduction -
provincial
wage-loss
plans
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(2) The Commission shall, with the
approval of the Governor in Council, make
regulations to provide a system for reducing
the employer's and employee's premiums
when the payment of any allowances, money
or other benefits because of illness, injury,
quarantine, pregnancy or child care under a
provincial law to insured persons would have
the effect of reducing or eliminating the
special benefits payable to those insured
persons.
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Included
provisions
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(3) The regulations may include provisions
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Late
applications
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(4) If an application for an employer's
premium reduction is made within 36 months
after the time prescribed for making it, the
Commission may, subject to prescribed
conditions, regard the application as having
been made at the prescribed time if the
applicant shows that there was good cause for
the delay throughout the period beginning at
the prescribed time and ending on the day
when the application was made.
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Reconsiderati
on of
application
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(5) The Commission may reconsider any
decision relating to an employer's premium
reduction within 36 months after the date of
the decision and any new decision that it
makes shall apply in place of the reconsidered
decision.
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Overlapping
pay periods
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70. If insurable earnings are paid to a person
after the end of the year in which their
insurable employment occurred, the insurable
employment is, for the purposes of
determining insurable earnings and premiums
payable, deemed to have occurred in the year
in which the insurable earnings are paid.
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