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An Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act and to make consequential amendments to other Acts (S.C. 2005, c. 47)

Assented to 2005-11-25

TRANSITIONAL PROVISIONS

Marginal note:Transitional

132. The Wage Earner Protection Program Act, as enacted by section 1, applies

  • (a) in respect of wages owing to an individual by an employer who becomes bankrupt after the coming into force of that section; and

  • (b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act after the coming into force of that section.

Marginal note:Transitional

133. The amendments to the Bankruptcy and Insolvency Act, as enacted by any of sections 2 to 123, other than section 6, apply in respect of a person

  • (a) who becomes bankrupt after the coming into force of that section;

  • (b) who files a notice of intention after the coming into force of that section;

  • (c) who files a proposal after the coming into force of that section without having filed a notice of intention;

  • (d) in respect of whom a proposal is made after the coming into force of that section without the person having filed a notice of intention;

  • (e) any of whose property comes under the possession or control of an interim receiver who is appointed as such after the coming into force of that section; and

  • (f) any of whose property comes under the possession or control of a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act after the coming into force of that section.

Marginal note:Transitional

134. The amendments to the Companies’ Creditors Arrangement Act, as enacted by sections 124 to 131, apply in respect of a debtor company in respect of whom proceedings are commenced under that Act after the coming into force of those sections.

Marginal note:Transitional

135. The person who holds office as Superintendent of Bankruptcy immediately before the day on which subsection 5(1) of the Bankruptcy and Insolvency Act, as enacted by subsection 6(1), comes into force continues to hold office for the remainder of the person’s term as though the person had been appointed under that subsection 5(1).

CONSEQUENTIAL AMENDMENTS

Canada Labour Code

136. Section 67 of the Canada Labour Code is amended by adding the following after subsection (6):

  • Marginal note:Revision of term

    (7) Despite subsection (2), if a notice to bargain referred to in subsection 65.12(1) of the Bankruptcy and Insolvency Act has been served, the parties may agree to revise the term of the collective agreement without approval of the Board.

  • Marginal note:Revision of term

    (8) Despite subsection (2), if a notice to bargain referred to in subsection 33(2) of the Companies’ Creditors Arrangement Act has been served, the parties may agree to revise the term of the collective agreement without approval of the Board.