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Bill C-286

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1nd Session, 35th Parliament,
42-43 Elizabeth II, 1994

The House of Commons of Canada

BILL C-286

An Act to amend the Unemployment Insurance Act (university studies after ten years' employment)

R.S., c. U-1; R.S., cc. 26, 27 (1st Supp.), cc. 5, 43 (2nd Supp.), cc. 14, 36, 38 (3rd Supp.), cc. 1, 4, 46, 51, 53 (4th Supp.); 1990, cc. 8, 40; 1991, cc. 49, 51; 1992, cc. 1, 27; 1993, cc. 1, 13, 24, 27, 34

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 26 of the Unemployment Insurance Act is replaced by the following:

Training

Course or program of instruction or training or university studies

26. (1) For the purposes of this Part, a claimant is unemployed, capable of and available for work during any period in which

    (a) the claimant is attending a course or program of instruction or training, or other courses or programs designed to facilitate the re-entry of a claimant into the employed labour force, to which the claimant has been referred by such authority as the Commission may designate; or

    (b) the claimant is in full-time attendance at an accredited university in order to obtain a degree, if the claimant has been laid off after holding one or more jobs for a minimum period of ten years and has been in full-time employment for a minimum period of twelve weeks between May and August preceding the period when the claimant attends the accredited university.

Extended benefit period

(2) The benefit period of a claimant that is current when the claimant begins attendance at a course or program to which the claimant has been referred or is established while the claimant is attending that course or program under paragraph (1)(a) or when the claimant begins attendance at an accredited university under paragraph (1)(b) and that would otherwise terminate may, as prescribed, be extended to the end of the week that is not more than six weeks after the week in which the claimant completes the course, the program or the university year, or leaves the course, the program or the accredited university with cause.

Idem

(3) Notwithstanding any provision of this Part limiting the number of weeks for which benefit is payable in a benefit period, benefit may, unless otherwise prescribed, be paid for each week of unemployment that falls in any extension of a benefit period under subsection (2).

Rates of benefit

(4) Notwithstanding section 13, the rates of weekly benefit payable to claimants who are attending courses or programs to which they have been referred under paragraph (1)(a) or who are in attendance at an accredited university under paragraph (1)(b) shall be prescribed amounts not exceeding the greater of the rates payable under that section and the rates payable under the National Training Act.

Limitation

(5) Notwithstanding subsection 9(9) and subsection (2), the length of any benefit period under subsection (2) shall not exceed one hundred and fifty-six weeks.

Presumption

(6) For the purposes of this Part, benefit may, as prescribed, be deemed to be paid for any weeks during the benefit period of a claimant for which the claimant is paid any allowance in respect of attendance at a course or program mentioned in paragraph (1)(a) or at an accredited university mentioned in paragraph (1)(b) .

Deduction

(7) Notwithstanding subsection 15(2), where earnings or allowances are payable to a claimant for or in respect of a week during which the claimant is attending a course or program mentioned in paragraph (1)(a) or an accredited university mentioned in paragraph (1)(b) , an amount not exceeding those earnings or allowances may, as prescribed, be deducted from any benefit payable to the claimant in respect of that week.

No appeal

(8) No decision referring or refusing to refer a claimant to a course or program mentioned in subsection (1) is subject to appeal under section 79 or 80.

Basic skills programs

(9) For greater certainty, the courses or programs referred to in subsection (1) include courses or programs in basic skills and literacy.

``recognized university''
« université agréée »

(10) In this section, ``accredited university'' means a university in Canada designated as an accredited university for the purposes of this section.

2. The Act is amended by adding the following after subsection 27(1):

Exception

(1.1) Subsection (1) does not apply to a claimant who is in full-time attendance at an accredited university under paragraph 26(1)(b).

Authoriza-
tion by Parliament

3. No expenses necessary for the implementation of this Act shall be made without the authority of an appropriation made by Parliament for such purposes.