Budget Implementation Act, 2009 (S.C. 2009, c. 2)

Assented to 2009-03-12

SOR/2008-222Wage Earner Protection Program Regulations

 Section 3 of the Wage Earner Protection Program Regulations is replaced by the following:

3. An individual’s employment has ended for the purposes of paragraph 5(a) of the Act if it has ended for any of the following reasons:

  • (a) the individual resigned or retired;

  • (b) the individual’s employment has terminated; or

  • (c) the term of the individual’s employment has expired.

  •  (1) The portion of section 6 of the French version of the Regulations before paragraph (a) is replaced by the following:

    6. Pour l’application du paragraphe 7(1) de la Loi, les sommes ci-après sont à défalquer :

  • (2) Paragraphs 6(a) and (b) of the Regulations are replaced by the following:

    • (a) any amount that the individual has received after the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer by virtue of his or her rights in respect of the eligible wages; and

    • (b) an amount equal to 6.82% of the amount determined under that subsection.

 Section 7 of the Regulations is repealed.

  •  (1) Paragraph 8(a) of the Regulations is replaced by the following:

    • (a) firstly, to wages other than those referred to in paragraphs (b) to (e);

  • (2) Paragraph 8(c) of the French version of the Regulations is replaced by the following:

    • c) l’indemnité de vacances;

  • (3) Section 8 of the Regulations is amended by striking out “and” after paragraph (b) and by adding the following after paragraph (c):

    • (d) fourthly, to termination pay; and

    • (e) lastly, to severance pay.

 Paragraph 9(b) of the Regulations is replaced by the following:

  • (b) on which the applicant’s employment ends for any of the reasons referred to in section 3; and

  •  (1) Paragraph 15(1)(c) of the Regulations is replaced by the following:

    • (c) the dates on which wages, other than severance pay or termination pay, were earned and the basis upon which they were calculated;

    • (c.1) the date on which any employment in respect of which severance pay or termination pay is owing ended;

  • (2) Paragraph 15(2)(a) of the Regulations is replaced by the following:

    • (a) 45 days from the date of bankruptcy or from the first day on which there was a receiver in relation to the former employer, as the case may be, unless circumstances beyond the control of the trustee or receiver necessitate a longer period; or