| Duties
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(3) The Commission shall
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(a) administer this Act and the insurance
program established by it;
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(b) administer the Unemployment
Insurance Trust Fund; and
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(c) manage the appeal system provided by
this Act.
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| Annual report
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(4) The Commission shall prepare a report
on its operations, including a financial
statement of the Unemployment Insurance
Trust Fund, in respect of every fiscal year and
submit it to the Minister not later than
September 1 next following the end of the
fiscal year.
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| Report laid
before the
House of
Commons
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(5) The Minister shall lay the report before
the House of Commons on any one of the first
five days on which the House sits after the
report is received by the Minister.
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| Referral to
Committee
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(6) On being laid before the House, the
report is automatically referred, for review
and a report to the House, to such standing
committee as the House appoints to deal with
matters of employment.
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| President
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(7) The Commission shall be presided over
by a President appointed by the Governor in
Council, to serve at pleasure.
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| Vice-President
s
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(8) The Commission may appoint one or
two Vice-Presidents from within its
membership.
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| By-laws
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(9) The Commission may make by-laws
providing for its own procedures.
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22. The portion of section 72 of the Act
before paragraph (a) is replaced by the
following:
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| Payment into
Unemployme
nt Insurance
Trust Fund
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72. There shall be paid into the
Unemployment Insurance Trust Fund
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23. (1) The portion of section 73 of the Act
before paragraph (b) is replaced by the
following:
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| Credits to
Unemployme
nt Insurance
Trust Fund
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73. There shall be credited to the
Unemployment Insurance Trust Fund
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(a) all amounts received as or on account of
premiums payable under this Act;
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(2) Paragraph 73(c) of the Act is replaced
by the following:
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(c) all benefit repayments receivable under
Part VII.
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24. Section 74 of the Act is replaced by the
following:
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| Government
premiums
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74. There shall be credited to the
Unemployment Insurance Trust Fund and
charged to the Consolidated Revenue Fund an
amount equal to the premiums required to be
paid by Her Majesty in right of Canada as
employer's premiums for persons employed
in insurable employment by Her Majesty in
right of Canada.
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25. Section 75 of the Act is replaced by the
following:
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| Other credits
to
Unemployme
nt Insurance
Trust Fund
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75. There shall be credited to the
Unemployment Insurance Trust Fund all
amounts paid into the Consolidated Revenue
Fund that are
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(a) received as or on account of penalties
imposed under section 38, 39 or 65.1 and
repayments of overpaid benefits, except
penalties on benefit repayment;
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(b) collected by the Commission for
services rendered to other government
departments or agencies or to the public;
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(c) received on account of principal or
interest on loans made by the Commission
under Part II;
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(d) received as repayments of
overpayments by the Commission under
section 61 for employment benefits and
support measures authorized by Part II;
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(e) received as repayments of
overpayments by the Commission under
agreements entered into under section 63.
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26. Section 76 of the Act is repealed.
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27. The portion of subsection 77(1) of the
Act before paragraph (a) is replaced by the
following:
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| Payments
from the
Unemployme
nt Insurance
Trust Fund
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77. (1) There shall be paid out of the
Unemployment Insurance Trust Fund
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28. Section 80.1 of the Act is repealed.
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29. The definition ``Minister'' in section
81 of the Act is repealed.
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30. Section 91 of the Act is repealed.
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31. Section 92 of the Act is replaced by the
following:
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| Appeal of
assessments
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92. An employer who has been assessed
under section 85 may appeal to the
Commission for a reconsideration of the
assessment, either as to whether an amount
should be assessed as payable or as to the
amount assessed, within 90 days after being
notified of the assessment.
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32. Subsection 93(1) of the Act is replaced
by the following:
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| Notification
of appeal
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93. (1) The Commission shall notify any
person who may be affected by an appeal of
the Commission's intention to decide the
appeal, and shall give them an opportunity to
provide information and to make
representations to protect their interests, as the
circumstances require.
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33. Section 94 of the Act is repealed.
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34. Subsection 96(13) of the Act is
repealed.
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35. Section 97 of the Act is replaced by the
following:
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| Administratio
n
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97. (1) The Commission shall administer
this Part, section 5 and any regulations made
under section 5 or 55, and the Commissioner
of Customs and Revenue may exercise all the
powers and perform all the duties of the
Commission under this Part.
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| Administratio
n of oaths
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(2) An officer or employee employed in
connection with the administration of this
Part, section 5 or any regulations made under
section 5 or 55, if designated by the
Commission for the purpose, may, in the
course of their employment, administer oaths
and take and receive affidavits, declarations
and solemn affirmations for the purposes of or
incidental to the administration or
enforcement of this Act or the regulations, and
every officer or employee so designated has
for those purposes all the powers of a
commissioner for administering oaths or
taking affidavits.
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36. Subsection 103(2) of the Act is
replaced by the following:
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| Communicati
on of decision
|
(2) The determination of the time at which
a decision on an appeal to the Commission
under section 91 or 92 is communicated to a
person shall be made in accordance with the
rule, if any, made under paragraph
20(1.1)(h.1) of the Tax Court of Canada Act.
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37. The Act is amended by adding the
following after section 143:
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| Interests
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143.1 For greater certainty, no interest is
payable by a claimant if a penalty is imposed
on the claimant, if overpayments must be
repaid or in case of a violation of this Act.
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38. ``Employment Insurance Account'' is
replaced by ``Unemployment Insurance
Trust Fund'' wherever it occurs, in the Act.
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39. ``Account'' is replaced by ``Fund''
wherever it occurs in the Act.
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40. The term ``Minister'' is replaced by
the term ``Commission'' wherever it occurs
in Part IV of the Act, with any modifications
that the circumstances require.
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