Office des prix des produits de la pêche

Repeal

Repeal of R.S., c. F-23

133. The Fisheries Prices Support Act is repealed.

Canadian Grain Commission

R.S., c. G-10

Amendments to the Canada Grain Act

134. Subsection 5(1) of the Canada Grain Act is replaced by the following:

Remunera-
tion and expenses

5. (1) Each commissioner shall be paid remuneration to be fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses incurred while absent from the commissioner's ordinary place of work in the course of duties under this Act.

Terminology

135. The English version of the Act is amended by replacing the word ``chairman'' with the word ``chairperson'' in the following provisions:

    (a) paragraph 20(2)(b);

    (b) subsection 20(4);

    (c) subsections 35(2) to (4);

    (d) subsections 36(2) and (3); and

    (e) section 38.

Immigration and Refugee Board

R.S., c. I-2

Amendments to the Immigration Act

1992, c. 49, s. 51(2)

136. (1) Subsection 62(3) of the Immigration Act is replaced by the following:

Travel and living expenses

(3) The Chairperson, each full-time member of the Refugee Division and each member of the Appeal Division are entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of the performance of their duties under this Act.

Travel and living expenses

(3.1) Each part-time member of the Refugee Division is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member's ordinary place of residence in the course of the performance of duties under this Act.

(2) Section 62 of the Act is amended by adding the following after subsection (4):

Compensa-
tion

(5) The Chairperson and the members of the Refugee Division and the Appeal Division are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

International Boundary Commission

R.S., c. I-16

Amendment to the International Boundary Commission Act

1993, c. 34, s. 86

137. Section 9 of the International Boundary Commission Act and the heading before it are replaced by the following:

HER MAJESTY

Labour Adjustment Review Board

Closing out Affairs of Board

Definitions

138. The definitions in this section apply in sections 139 and 140.

``Board''
« Office »

``Board'' means the Labour Adjustment Review Board, established under section 6 of the Labour Adjustment Benefits Act.

``Her Majesty''
« Sa Majesté »

``Her Majesty'' means Her Majesty in right of Canada.

``Minister''
« ministre »

``Minister'' means the Minister of Human Resources Development.

Rights and obligations transferred

139. (1) All rights and property held by or in the name of or in trust for the Board and all obligations and liabilities of the Board are deemed to be rights, property, obligations and liabilities of Her Majesty.

References

(2) Every reference to the Board in any deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to Her Majesty.

Closing out affairs

(3) The Minister may do and perform all acts and things necessary for and incidental to closing out the affairs of the Board.

Commence-
ment of legal proceedings

140. (1) Any action, suit or other legal proceeding in respect of any obligation or liability incurred by the Board, or by the Minister in closing out the affairs of the Board, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board.

Commence-
ment of legal proceedings

(2) Any action, suit or other legal proceeding in respect of any right of the Board, or any right acquired by the Minister in closing out the affairs of the Board, may be brought by Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought by the Board.

Continuation of legal proceedings

(3) Any action, suit or other legal proceeding to which the Board is party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the like manner and to the same extent as it could have been continued by or against the Board.

R.S., c. L-1

Amendments to the Labour Adjustment Benefits Act

141. (1) The definition ``Board'' in subsection 2(1) of the Labour Adjustment Benefits Act is repealed.

(2) The definitions ``designated industry'' and ``effective date of lay-off'' in subsection 2(1) of the Act are replaced by the following:

``designated industry''
« secteur d'activités désigné »

``designated industry'' means an industry designated pursuant to section 3 before the day on which that section was repealed ;

``effective date of lay-off''
« date de mise à pied »

``effective date of lay-off'', in respect of an employee, means the date the employee was laid off as determined by the Labour Adjustment Review Board pursuant to subsection 11(3) before the day on which that subsection was repealed ;

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``certified''
« certifica-
tion »

``certified'' means certified, in accordance with section 11, before the day on which that section was repealed, to be eligible to apply to the Commission for labour adjustment benefits;

142. The heading before section 3 and sections 3 to 9 of the Act are repealed.

143. The heading before section 11 and sections 11 and 12 of the Act are repealed.

144. Subsection 13(1) of the Act is replaced by the following:

Eligible applicants

13. (1) An employee who has been certified may apply to the Commission for labour adjustment benefits.

145. (1) The portion of subsection 14(1) of the Act before paragraph (a) is replaced by the following:

Qualifica-
tions for benefits

14. (1) The Commission may determine that an employee who has been certified is qualified to receive labour adjustment benefits if

(2) The portion of subsection 14(2) of the Act before paragraph (a) is replaced by the following:

Severe hardship

(2) Notwithstanding subsection (1), if the Commission is of the opinion that an employee who is certified and who would be qualified under subsection (1) to receive labour adjustment benefits but for the requirements set out in paragraphs (1)(b) and (c) or either paragraph will suffer severe financial hardship unless the employee receives those benefits, the Commission may determine that the employee is qualified to receive labour adjustment benefits if

(3) Subsection 14(3) of the Act is replaced by the following:

Substantial compliance

(3) Notwithstanding subsection (1), if an employee who is certified would be qualified under subsection (1) to receive labour adjustment benefits but for the requirement set out in paragraph (1)(b), the Commission may determine that the employee is qualified to receive labour adjustment benefits if the employee demonstrates substantial compliance with the requirement and does not meet the requirement by reason only of illness, disability, lay-off or any other good cause.

146. Section 15 of the Act is replaced by the following:

Employment in other designated industries

15. If the Canadian establishment from which an employee was laid off was, at the time of the lay-off, part of an industry designated generally, the Commission shall, in applying paragraph 14(1)(b) or (2)(b) in respect of the employee, take into account as employment in that industry any period of employment of that employee preceding the effective date of lay-off in any other industry so designated, whether or not the designation was in force on that date.

147. (1) Subsection 17(1) of the Act is replaced by the following:

Calculation and payment of benefits

17. (1) If the Commission determines that an employee who has been certified is qualified to receive labour adjustment benefits, the Commission shall, in accordance with this Act, calculate the amount of the benefits on a weekly basis in arrears and pay the benefits to the qualified employee every two weeks in arrears.

1996, c. 23, s. 179(2)

(2) Subsection 17(3) of the Act is replaced by the following:

Additional benefits

(3) If a qualified employee was certified after the week the employee's benefits under Part I of the Employment Insurance Act subsequent to the employee's lay-off were exhausted, in addition to the labour adjustment benefits otherwise payable under this Act, labour adjustment benefits are payable from the later of

    (a) that week, and

    (b) the week during which the employee applied for certification

to the week during which the employee was so certified.

148. (1) Subsections 24(1) to (4) of the Act are replaced by the following:

False or misleading statements

24. (1) If the Minister becomes aware of facts establishing, in the Minister's opinion, that a person, in relation to an application for certification , has made a statement or representation that the person knew to be false or misleading or has participated or acquiesced in the making of such a statement or representation, the Minister may revoke the certification of any employee named in the application.

Notification of intention

(2) The Minister shall, before revoking the certification of an employee pursuant to subsection (1), notify the employee in writing of the Minister's intention to do so.

Right to make written represen-
tations

(3) An employee who is notified pursuant to subsection (2) may within thirty days after the date of the notice, or within any further time that the Minister may allow, make representations in writing to the Minister with respect to the proposed revocation of the employee's certification.

Notification of decision

(4) If the Minister revokes the certification of an employee pursuant to subsection (1), the Minister shall notify the employee and the Commission in writing of the revocation.

(2) Subsection 24(7) of the Act is repealed.

149. (1) Subsection 28(1) of the Act is repealed.

(2) Subsection 28(3) of the Act is replaced by the following:

Information

(3) The following persons, namely,

    (a) any person who is occupying any premises or place described in subsection (2), every person found therein and the servants or agents of the occupier,

    (b) any person who can reasonably be considered to be or have been an employer of an employee, the servants and agents of that person and the trustees in bankruptcy, administrators or liquidators concerned with that person's estate, and

    (c) any person who has been employed by, or has acted as agent for, any person described in paragraph (a) or (b)

shall forthwith on being requested by an offi cer referred to in subsection (2), whether oral ly or in writing, produce to the officer or any person designated by the officer all such docu ments or other information relating to the ad ministration of this Act as the officer requests.

(3) Subsection 28(4) of the Act is repealed.

(4) Subsection 28(6) of the Act is replaced by the following:

Powers of Commissioner

(6) Every officer authorized to receive or administer any oath, solemn affirmation or statutory declaration pursuant to subsection (5) has for those purposes all the powers of a commissioner for administering oaths or affidavits.

150. Section 30 of the Act is repealed.

151. (1) Subsection 31(1) of the Act is repealed.

(2) Subsection 31(4) of the Act is replaced by the following:

Amendment of decision

(4) The Commission may rescind or amend any decision it takes under this Act 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.

152. Subsection 32(1) of the Act is replaced by the following:

Confidential information

32. (1) All written or oral information that is obtained by the Commission in the course of carrying out its duties under this Act is privileged and shall be made available only to persons engaged in the administration or enforcement of this Act and the Commission, the Minister or any such person is not compellable to give evidence relating to that information or to produce any document containing that information.

153. Paragraph 34(a) of the Act is replaced by the following:

    (a) in relation to an application under section 13, a review under subsection 16(1) or a report under subsection 22(2), makes, or participates or acquiesces in the making of, a statement or representation that the person knows to be false or misleading,

154. Section 36 of the Act is replaced by the following:

Reports

36. (1) The Minister shall, as soon as possible after March 31 in each year, prepare a report on the administration of this Act during the preceding twelve months including a statement showing the number, during the twelve months, of persons to whom labour adjustment benefits were paid and the Minister shall cause the report to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the day the Minister completes it.

Information

(2) The Commission shall, on the request of the Minister, provide the Minister with such information on the administration of this Act as the Minister may require to prepare the report under subsection (1).