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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-2 |
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An Act to amend the Employment Insurance
Act and the Employment Insurance
(Fishing) Regulations
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| 1996, c. 23
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EMPLOYMENT INSURANCE ACT |
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1. (1) Subsection 2(5) of the Employment
Insurance Act is replaced by the following:
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| Weeks of
benefits paid
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(5) For the purposes of subsection 7(4.1)
and section 145, the Commission may, with
the approval of the Governor in Council, make
regulations for establishing how many weeks
of benefits a claimant was paid, in order to
take into account benefit reductions or
deductions in the calculation or payment of
those benefits.
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(2) Regulations made under subsection
2(5) of the Act, as enacted by subsection (1),
may, if they so provide, have effect with
respect to any period before the
commencement of this subsection.
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2. Subsection 3(2) of the Act is replaced
by the following:
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| Report
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(2) The Commission shall report to the
Minister on its assessment annually from 2001
to 2006, no later than March 31 following the
end of each of those years. The Commission
shall make any additional reports at any other
times, as the Minister may request.
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3. (1) Section 4 of the Act is replaced by
the following:
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| Maximum
yearly
insurable
earnings
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4. (1) For the purposes of subsection
14(1.1), section 17, subsection 82(2) and
sections 95 and 145, the maximum yearly
insurable earnings is $39,000 until the amount
calculated in accordance with subsection (2)
for a year, before rounding down under
subsection (4), exceeds $39,000, in which
case the maximum yearly insurable earnings
for that year is that amount, rounded down
under subsection (4).
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| Calculation of
amount
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(2) The amount referred to in subsection (1)
is the amount equal to 52 times the product
obtained by multiplying
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by
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| Subsequent
years
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(3) For years subsequent to the year in
which the maximum yearly insurable earnings
exceeds $39,000, before rounding down under
subsection (4), the maximum yearly insurable
earnings is the maximum yearly insurable
earnings for the preceding year, before
rounding down under subsection (4),
multiplied by the ratio that the average for the
twelve month period ending on June 30 in that
preceding year of the Average Weekly
Earnings for each month in that twelve month
period bears to the average for the twelve
month period ending twelve months prior to
June 30 of that preceding year of the Average
Weekly Earnings for each month in that
twelve month period ending twelve months
prior to June 30 of that preceding year.
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| Rounding
down
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(4) If the amount calculated in accordance
with subsection (2) or (3) is not a multiple of
one hundred dollars, the amount of the
maximum yearly insurable earnings is
rounded down to the nearest multiple of one
hundred dollars.
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| Average
Weekly
Earnings
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(5) The Average Weekly Earnings for a
month is the average weekly earnings of the
Industrial Aggregate in Canada for the month
as published by Statistics Canada under the
authority of the Statistics Act.
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(2) Section 4 of the Act, as enacted by
subsection (1), applies in respect of the year
2002 and subsequent years.
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4. (1) Section 7 of the Act is amended by
adding the following after subsection (4):
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| Exception
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(4.1) An insured person is not a new entrant
or a re-entrant if the person has been paid one
or more weeks of special benefits referred to
in paragraph 12(3)(a) or (b) in the period of
208 weeks preceding the period of 52 weeks
before their qualifying period or in other
circumstances, as prescribed by regulation,
arising in that period of 208 weeks.
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(2) Subsection 7(4.1) of the Act, as
enacted by subsection (1), applies to a
claimant in respect of a benefit period
beginning on or after October 1, 2000.
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5. Section 15 of the Act is repealed.
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6. Section 17 of the Act is replaced by the
following:
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| Maximum
rate of weekly
benefits
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17. The maximum rate of weekly benefits is
55 % of the maximum yearly insurable
earnings divided by 52.
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7. Subsection 28(6) of the Act is replaced
by the following:
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| Presumption
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(6) For the purposes of this Part, benefits are
deemed to be paid for the weeks of
disqualification.
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8. Subsection 38(3) of the Act is replaced
by the following:
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| Determina- tion under subsection 145(2)
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(3) For greater certainty, weeks of regular
benefits that are repaid as a result of an act or
omission mentioned in subsection (1) are
deemed to be weeks of regular benefits paid
for the purposes of the application of
subsection 145(2).
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9. The Act is amended by adding the
following after section 66:
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| Premium rate
for 2002 and
2003
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66.1 Notwithstanding section 66, the
premium rate for each of the years 2002 and
2003 is the rate set for the year by the
Governor in Council on the recommendation
of the Minister and the Minister of Finance.
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10. Section 67 of the Act is replaced by the
following:
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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 under
section 66 or 66.1, as the case may be.
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11. (1) Paragraph 145(1)(a) of the Act is
replaced by the following:
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| 1998, c. 19,
s. 272(1)
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(2) Subsections 145(2) to (8) of the Act are
replaced by the following:
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| Exception
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(2) Subsection (1) does not apply in respect
of a claimant who was paid regular benefits for
less than one week in the ten years before the
taxation year referred to in that subsection.
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| Excluded
benefits
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(3) Regular benefits paid for weeks
beginning before June 30, 1996 shall not be
taken into account when applying subsection
(2).
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| Time for
repayment
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(4) A repayment must be made
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| Limitation
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(5) For greater certainty, repayments under
this section do not affect the determination
under subsection (2) of regular benefits paid to
a claimant.
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(3) Paragraph 145(1)(a) and subsections
145(2) to (5) of the Act, as enacted by
subsections (1) and (2), respectively, apply
in respect of the taxation year 2000 and
subsequent taxation years.
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TRANSITIONAL PROVISION |
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12. (1) The repeal of section 15 of the
Employment Insurance Act, as enacted by
section 5 of this Act, applies in respect of a
claimant for any benefit period beginning
on or after October 1, 2000 and, in respect
of a claimant for whom a benefit period has
not ended on September 30, 2000, the
weekly rate of benefits established under
section 14 of the Employment Insurance Act
applies to weeks of benefits paid or payable
on or after October 1, 2000.
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(2) If a claim by a claimant referred to in
subsection (1) for any week of benefits is
reconsidered under section 52 of the
Employment Insurance Act and the
Commission decides that the claimant has
received money by way of benefits for which
the claimant was not qualified, or to which the
claimant was not entitled, as a result of the
repeal of section 15 of the Employment
Insurance Act, as enacted by section 5 of this
Act, the Commission shall not calculate the
amount of that money and the claimant is not
liable to repay that amount under section 43 of
the Employment Insurance Act.
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(3) Subsection (2) does not apply if, in
respect of any week of benefits referred to in
that subsection,
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(4) A claimant referred to in subsection (2)
shall not make any other claim for benefits,
and is not entitled to receive any other
payment of benefits, in respect of any week
referred to in that subsection.
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EMPLOYMENT INSURANCE (FISHING) REGULATIONS |
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| SOR/96-445
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13. (1) Section 8 of the Employment
Insurance (Fishing) Regulations is amended
by adding the following after subsection (3):
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(3.1) A fisher is not a new entrant or a
re-entrant if the fisher has been paid one or
more weeks of special benefits referred to in
paragraph 12(3)(a) or (b) of the Act in the
period of 208 weeks preceding the period of
52 weeks before their qualifying period or in
other circumstances, as prescribed by
regulation, arising in that period of 208 weeks.
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(2) Section 8 of the Regulations is
amended by adding the following after
subsection (8):
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(8.1) A fisher is not a new entrant or a
re-entrant if the fisher has been paid one or
more weeks of special benefits referred to in
paragraph 12(3)(a) or (b) of the Act in the
period of 208 weeks preceding the period of
52 weeks before their qualifying period or in
other circumstances, as prescribed by
regulation, arising in that period of 208 weeks.
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(3) Subsections 8(3.1) and (8.1) of the
Regulations, as enacted by subsections (1)
and (2), respectively, apply to a fisher in
respect of a benefit period beginning on or
after October 1, 2000.
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| SOR/2001-74
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14. Despite subsections 153(3) to (9) of the
Employment Insurance Act, the Regulations
Amending the Employment Insurance
(Fishing) Regulations, made by the Canada
Employment Insurance Commission on
January 23, 2001, approved by Order in
Council P.C. 2001-166 of January 30, 2001
and registered as SOR/2001-74, are deemed
to have come into force on December 31,
2000.
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COMING INTO FORCE |
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| Coming into
force
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15. The provisions of this Act, and the
provisions of the Employment Insurance Act
as enacted by this Act, come into force, or
are deemed to have come into force, on a
day or days to be fixed by order of the
Governor in Council.
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