Bill C-429
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-429 |
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An Act amend the Canada Labour Code
(severance pay)
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| R.S., c. L-2;
R.S., cc. 9, 27
(1st Supp.), c. 32 (2nd Supp.), cc. 24, 43 (3rd Supp.), c. 26 (4th Supp.); 1989, c. 3; 1990, cc. 8, 44; 1991, c. 39; 1992, c. 1; 1993, cc. 28, 38, 42; 1994, cc. 10, 41; 1996, cc. 10, 11, 12, 18, 31, 32; 1997, c. 9
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1. Subsection 235(2) of the Canada
Labour Code is replaced by the following:
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(2) For the purposes of this Division, except
where otherwise provided by regulation, an
employer shall be deemed to have terminated
the employement of an employee when the
employer lays off that employee.
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2. (1) Section 236 of the Act is amended by
replacing all that portion before paragraph
(a) with the following:
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| Regulations
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236. (1) The Governor in Council may
make regulations for the purposes of this
Division
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(2) Section 236 of the Act is amended by
adding the following after paragraph (d):
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(2) Notwithstanding paragraph (1)(a),
where an employer lays off an employee who,
either immediately on being laid off or before
that time, is entitled to a pension under a
pension plan contributed to by the employer
that is registered pursuant to the Pension
Benefits Standards Act, 1985, to a pension
under the Old Age Security Act or to a
retirement pension under the Canada Pension
Plan or the Quebec Pension Plan, the
entitlement to such a pension shall not be
prescribed under paragraph (1)(a) as
circumstances in which the lay-off of the
employee shall not be deemed to be a
termination of the employee's employment by
the employee's employer.
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