Bill C-56

CONSEQUENTIAL AMENDMENTS

Bankruptcy and Insolvency Act

21. Paragraph 54(2.1)(b) of the Bankruptcy and Insolvency Act is replaced by the following:

(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts; or

22. Paragraph 60(1.1)(b) of the Act is replaced by the following:

(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts; or

23. (1) Clause 69(1)(c)(ii)(B) of the Act is replaced by the following:

(B) provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts,

(2) Subparagraph 69(3)(a)(ii) of the Act is replaced by the following:

(ii) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or

(3) Subparagraph 69(3)(b)(ii) of the Act is replaced by the following:

(ii) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or

24. (1) The portion of paragraph 69.1(1)(c) of the Act before subparagraph (i) is replaced by the following:

(c) Her Majesty in right of Canada may not exercise Her rights under subsection 224(1.2) of the Income Tax Act or any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, in respect of the insolvent person where the insolvent person is a tax debtor under that subsection or provision, until

(2) Subparagraph 69.1(3)(a)(ii) of the Act is replaced by the following:

(ii) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or

(3) Subparagraph 69.1(3)(b)(ii) of the Act is replaced by the following:

(ii) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or

25. Paragraph 86(3)(b) of the Act is replaced by the following:

(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts; or

26. Paragraph 149(3)(b) of the Act is replaced by the following:

(b) any provision of the Canada Pension Plan or Employment Insurance Act that refers to the Income Tax Act and provides for the collection of a contribution as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts;

Companies’ Creditors Arrangement Act

27. Paragraph 6(3)(b) of the Companies’ Creditors Arrangement Act is replaced by the following:

(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts; or

28. (1) The portion of paragraph 11.09(1)(a) of the Act before subparagraph (i) is replaced by the following:

(a) Her Majesty in right of Canada may not exercise rights under subsection 224(1.2) of the Income Tax Act or any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, in respect of the company if the company is a tax debtor under that subsection or provision, for the period that the court considers appropriate but ending not later than

(2) Subparagraph 11.09(2)(a)(ii) of the Act is replaced by the following:

(ii) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or

(3) Subparagraph 11.09(2)(b)(ii) of the Act is replaced by the following:

(ii) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or

(4) Paragraph 11.09(3)(b) of the Act is replaced by the following:

(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or

29. Paragraph 38(3)(b) of the Act is replaced by the following:

(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or

Canada Labour Code

30. (1) Paragraph (d) of the definition “family member” in subsection 206.3(1) of the Canada Labour Code is replaced by the following:

(d) any other person who is a member of a class of persons prescribed for the purposes of this definition or the definition “family member” in subsection 23.1(1) or 152.01(1) of the Employment Insurance Act.

(2) The definition “qualified medical practitioner” in subsection 206.3(1) of the Act is replaced by the following:

“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) or 152.06(2) of the Employment Insurance Act.

(3) The portion of subsection 206.3(4) of the Act before paragraph (a) is replaced by the following:

(4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) or 152.06(4) of the Employment Insurance Act,

(4) Subsection 206.3(5) of the Act is replaced by the following:

(5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) or 152.14(7) of the Employment Insurance Act has elapsed.

(5) Section 206.3 of the Act is amended by adding the following after subsection (8):

(9) The references in this section to provisions that are in Part VII.1 of the Employment Insurance Act apply only in relation to employees who are self-employed persons referred to in paragraph (b) of the definition “self-employed person” in subsection 152.01(1) of that Act.

Old Age Security Act

31. Paragraph (b) of the definition “income” in section 2 of the Old Age Security Act is replaced by the following:

(b) there shall be deducted from the person’s self-employment earnings for the year

(i) the amount of contributions made in respect of those self-employed earnings by the person during the year under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act, and

(ii) the amount of premium paid by the person during the year under Part VII.1 of the Employment Insurance Act,

32. Paragraph 13(b) of the Act is replaced by the following:

(b) there shall be deducted from the person’s or applicant’s self-employed earnings for that year

(i) the amount of contributions made in respect of those self-employed earnings by the person or applicant during the year under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act, and

(ii) the amount of premium paid by the person or applicant during the year under Part VII.1 of the Employment Insurance Act; and

Tax Court of Canada Act

33. Paragraph 18.29(1)(b) of the Tax Court of Canada Act is replaced by the following:

(b) Parts IV, VII and VII.1 of the Employment Insurance Act;

COORDINATING AMENDMENTS

34. On the first day on which both section 10 of the Budget Implementation Act, 2000 has produced its effects and subsection 7(2) of this Act is in force, subsection 23(6) of the Employment Insurance Act, as enacted by that subsection 7(2), is renumbered as subsection (7) and is repositioned accordingly if required.

35. On the first day on which both subsection 107(3) of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force, section 152.05 of the Employment Insurance Act is amended by adding the following after subsection (13):

(13.1) Subsections 152.14(1) to (8) are to be read as including the situation where a self-employed person is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

36. On the first day on which both section 109 of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force:

(a) paragraph 54(f.1) of the Employment Insurance Act is replaced by the following:

(f.1) for the purposes of paragraphs 23(1)(c) and (2)(c), subsection 23(5) paragraphs 152.05(1)(c) and (2)(c) and subsection 152.05(7), respecting the following requirements, subject to consulting the governments of the provinces:

(i) the circumstances in which the claim- ant must be caring for the child or children,

(ii) the criteria that the claimant must meet,

(iii) the conditions that the claimant must fulfil, and

(iv) any other matter that the Commission considers necessary for the purpose of carrying out sections 23 and 152.05;

(b) subsections 152.05(1) and (2) of the Employment Insurance Act are replaced by the following:

152.05 (1) Subject to this Part, benefits are payable to a self-employed person to care for

(a) one or more new-born children of the person;

(b) one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides; or

(c) one or more children if the self-employed person meets the requirements set out in the regulations made under paragraph 54(f.1).

(2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period

(a) that begins with the week in which the child or children of the self-employed person are born and that ends 52 weeks after that week;

(b) that begins with the week in which the child or children of the self-employed person are actually placed with the self-employed person for the purpose of adoption and that ends 52 weeks after that week; or

(c) that begins with the week in which the self-employed person first meets the requirements set out in the regulations made under paragraph 54(f.1) and ends 52 weeks after that week.

COMING INTO FORCE

37. (1) Subject to subsection (2), sections 2 to 33 come into force on the later of the day on which this Act receives royal assent and January 1, 2010.

(2) Subsections 152.25(2) and (3) of the Employment Insurance Act, as enacted by section 16, come into force on January 1, 2011.