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Bill C-28

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Enforcement proceedings

(10) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

12. Section 20 of the Act is renumbered as subsection 20(1) and is amended by adding the following:

Interest rates

(2) The Minister, with the concurrence of the Minister of Finance and subject to the approval of the Governor in Council, shall fix a rate of interest, or a manner of determining a rate of interest, for the purposes of paragraph (a) of the description of B in the definitions ``net costs'' and ``total program net costs'' in subsection 14(6).

R.S., c. S-23

Canada Student Loans Act

13. The Canada Student Loans Act is amended by adding the following after section 19:

Limitation period

19.1 (1) Subject to this section and section 19.2, no action or proceedings shall be taken to recover money owing under a guaranteed student loan more than six years after the day on which the money becomes due and payable.

Deduction and set-off

(2) Money owing under a guaranteed student loan may be recovered at any time by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the borrower or the estate or succession of the borrower.

Acknowledg ment of liability

(3) If a borrower's liability for money owing under a guaranteed student loan is acknowledged in accordance with subsection (4), the time during which the limitation period has run before the acknowledgment does not count in the calculation of that period.

Types of acknowledgm ents

(4) An acknowledgment of liability means

    (a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative;

    (b) a written acknowledgment of the money owing, signed by the borrower or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;

    (c) a part payment by the borrower or his or her agent or other representative of any money owing; or

    (d) any acknowledgment of the money owing made by the borrower, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts.

Acknowledg ment after expiry of limitation period

(5) If a borrower's liability for money owing under a guaranteed student loan is acknowledged in accordance with subsection (4) after the expiry of the limitation period in respect of the loan, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment.

Limitation period suspended

(6) The running of a limitation period in respect of a guaranteed student loan is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan.

Enforcement proceedings

(7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

Application

19.2 (1) This section applies only in respect of the recovery of money that became due and payable under a guaranteed student loan before the coming into force of this section.

Limitation period

(2) Subject to this section, no action or proceedings shall be taken to recover money owing under a guaranteed student loan more than six years after the day on which the limitation period that applied before the coming into force of this section started to run.

Prior acknowledgm ents

(3) For the purposes of subsection (2), the day of the most recent acknowledgment of a borrower's liability in respect of money owing under a guaranteed student loan is deemed to be the day on which the limitation period started to run if

    (a) the acknowledgment was made before the coming into force of this section; and

    (b) under the law applicable at the time of the acknowledgment, the time during which the limitation period ran before the acknowledgment did not count in the calculation of that period.

Deduction and set-off

(4) Money owing under a guaranteed student loan may be recovered at any time by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the borrower or the estate or succession of the borrower.

Acknowledg ment of liability

(5) If, on or after the day on which this section comes into force, a borrower's liability for money owing under a guaranteed student loan is acknowledged in accordance with subsection (6), the time during which the limitation period has run before the acknowledgment does not count in the calculation of that period.

Types of acknowledgm ents

(6) For the purposes of subsections (5) and (7), an acknowledgment of liability means

    (a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative;

    (b) a written acknowledgment of the money owing, signed by the borrower or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;

    (c) a part payment by the borrower or his or her agent or other representative of any money owing; or

    (d) any acknowledgment of the money owing made by the borrower, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts.

Acknowledg ment after expiry of limitation period

(7) If, after the expiry of the limitation period in respect of a guaranteed student loan - including any limitation period that expired before the coming into force of this section - and on or after the day on which this section comes into force, a borrower's liability for money owing under the loan is acknowledged in accordance with subsection (6), an action or proceedings to recover the money may, subject to subsections (5) and (8), be brought within six years after the date of the acknowledgment.

Limitation period suspended

(8) The running of a limitation period in respect of a guaranteed student loan is, commencing on the day on which this section comes into force, suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan.

Statutory bar

(9) Subject to subsection (7), if the limitation period in respect of a guaranteed student loan expired before the coming into force of this section, no action or proceeding shall be taken to recover money owing under the loan.

Enforcement proceedings

(10) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

Coming into Force

Coming into force

14. (1) Sections 9, 11 and 13 come into force or are deemed to have come into force on August 1, 2003.

Coming into force

(2) Sections 10 and 12 are deemed to have come into force on August 1, 2002.

PART 4

EMPLOYMENT INSURANCE

1996, c. 23

Employment Insurance Act

2000, c. 12, s. 106

15. The definition ``common-law partner'' in subsection 2(1) of the Employment Insurance Act is replaced by the following:

``common-la w partner''
« conjoint de fait »

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

16. (1) Section 10 of the Act is amended by adding the following after subsection (5):

Exception

(5.1) A claim for benefits referred to in section 23.1 with respect to a family member shall not be regarded as having been made on an earlier day under subsection (4) or (5) if

    (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

    (b) the beginning of the period referred to in subsection 23.1(4) has already been determined with respect to that family member and the claim would have the effect of moving the beginning of that period to an earlier date; or

    (c) the claim is made in any other circumstances set out in the regulations.

2002, c. 9, s. 12(4)

(2) Subsections 10(13) to (15) of the Act are replaced by the following:

Extension of benefit period - special benefits

(13) If, during a claimant's benefit period,

    (a) regular benefits were not paid to the claimant,

    (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and

    (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c),

the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c).

Extension of benefit period - special benefits

(13.1) If, during a claimant's benefit period,

    (a) regular benefits were not paid to the claimant,

    (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and

    (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b), (c) and (d),

the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d).

Extension of benefit period - special benefits

(13.2) If, during a claimant's benefit period,

    (a) regular benefits were not paid to the claimant,

    (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and

    (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d),

the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d).

Extension of benefit period - special benefits

(13.3) If, during a claimant's benefit period,

    (a) regular benefits were not paid to the claimant,

    (b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and

    (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d),

the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of those paragraphs.

Maximum extension under subsections (10) to (13.3)

(14) Subject to subsection (15), no extension under any of subsections (10) to (13.3) may result in a benefit period of more than 104 weeks.

Maximum extension under subsections (13) to (13.3)

(15) Unless the benefit period is also extended under any of subsections (10) to (12),

    (a) no extension under subsection (13) may result in a benefit period of more than 67 weeks;

    (b) no extension under subsection (13.1) or (13.2) may result in a benefit period of more than 58 weeks; and

    (c) no extension under subsection (13.3) may result in a benefit period of more than 73 weeks.

17. (1) Subsection 12(3) of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):

    (d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2), is six.

(2) Section 12 of the Act is amended by adding the following after subsection (4):

Maximum - compassionat e care benefits

(4.1) Even if more than one claim is made, or certificate is issued, in respect of the same family member, the maximum number of weeks of benefits payable under section 23.1 is six weeks during the period of 26 weeks beginning with the first day of the week referred to in paragraph 23.1(4)(a).

Shorter period

(4.2) If a shorter period is prescribed for the purposes of subsection 23.1(5), then that shorter period applies for the purposes of subsection (4.1).

Expiration of shorter period

(4.3) When a shorter period referred to in subsection (4.2) has expired in respect of a family member, no further benefits are payable under section 23.1 in respect of that family member until the minimum prescribed number of weeks has elapsed.

2000, c. 14, s. 3(3); 2002, c. 9, s. 13

(3) Subsection 12(5) of the Act is replaced by the following:

Combined weeks of benefits

(5) In a claimant's benefit period, the claimant may combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period

    (a) is extended under subsection 10(13), the maximum number of combined weeks is 65;

    (b) is extended under subsection 10(13.1) or (13.2), the maximum number of combined weeks is 56; and

    (c) is extended under subsection 10(13.3), the maximum number of combined weeks is 71.

2002, c. 9, s. 14

18. Subsections 23(3.2) and (3.3) of the Act are replaced by the following:

Extension of period - special benefits

(3.2) If, during a claimant's benefit period,

    (a) regular benefits were not paid to the claimant,

    (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and

    (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b),

the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

Extension of period - special benefits

(3.21) If, during a claimant's benefit period,

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