Employment Insurance Act (S.C. 1996, c. 23)

Act current to 2016-09-18 and last amended on 2016-07-03. Previous Versions

PART VPilot Projects

Marginal note:Regulations

 Notwithstanding anything in this Act, the Commission may, with the approval of the Governor in Council, make such regulations as it deems necessary respecting the establishment and operation of pilot projects for testing whether or which possible amendments to this Act or the regulations would make this Act or the regulations more consistent with current industry employment practices, trends or patterns or would improve service to the public, including regulations

  • (a) respecting the time and manner in which employers are to supply their employees or former employees or the Commission with information on their employment history;

  • (b) providing for the use in a pilot project

    • (i) of gross earnings, as defined by regulation, or prescribed amounts that are functions of gross earnings, as so defined, for any purpose for which insurable earnings, maximum insurable earnings or weekly insurable earnings are relevant to the operation of this Act, or

    • (ii) of periods other than weeks, for any purpose for which a period of weeks or a number of weeks is relevant to the operation of this Act;

  • (c) providing for the application of a pilot project in respect of one or more of the following:

    • (i) prescribed employers or groups or classes of employers, including groups or classes consisting of randomly selected employers,

    • (ii) prescribed areas, or

    • (iii) prescribed claimants, employees, former employees or groups or classes of claimants, employees or former employees, including groups or classes consisting of randomly selected claimants, employees or former employees; and

  • (d) respecting the manner in which and the extent to which any provision of this Act or the regulations applies to a pilot project, and adapting any such provision for the purposes of that application.

Marginal note:Expiration of regulations

 Regulations made under this Part that are not repealed cease to have effect three years after they come into force.

PART VIAdministrative Provisions

Administrative Review

Marginal note:Rescission or amendment of decision

 The Commission may rescind or amend a decision given in any particular claim for benefits if new facts are presented or if it is satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact.

  • 1996, c. 23, s. 111;
  • 2012, c. 19, s. 247.
Marginal note:Reconsideration — Commission
  •  (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may make a request to the Commission in the prescribed form and manner for a reconsideration of that decision at any time within

    • (a) 30 days after the day on which a decision is communicated to them; or

    • (b) any further time that the Commission may allow.

  • Marginal note:Reconsideration

    (2) The Commission must reconsider its decision if a request is made under subsection (1).

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations setting out the circumstances in which the Commission may allow a longer period to make a request under subsection (1).

  • 1996, c. 23, s. 112;
  • 1998, c. 19, s. 270;
  • 1999, c. 31, s. 81(F);
  • 2002, c. 8, s. 135;
  • 2012, c. 19, s. 247.
Marginal note:Decision not reviewable

 A decision of the Commission made under the Employment Insurance Regulations respecting the writing off of any penalty owing, amount payable or interest accrued on any penalty owing or amount payable is not subject to review under section 112.

  • 2014, c. 39, s. 226.
Marginal note:Appeal to Social Security Tribunal

 A party who is dissatisfied with a decision of the Commission made under section 112, including a decision in relation to further time to make a request, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act.

  • 1996, c. 23, s. 113;
  • 2012, c. 19, s. 247;
  • 2013, c. 40, s. 236.
Marginal note:Payment of benefit pending appeal
  •  (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, benefits are payable in accordance with the decision of the Tribunal even though an appeal is pending, and any benefits paid under this section after the Tribunal’s decision are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

  • Marginal note:Exception

    (2) Subsection (1) does not apply

    • (a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal was given and on the ground that the claimant ought to be disentitled under section 36; and

    • (b) in any other case that the Commission may, with the approval of the Governor in Council, prescribe by regulation.

  • 1996, c. 23, s. 114;
  • 2012, c. 19, s. 247;
  • 2013, c. 40, s. 236.
Marginal note:Regulations

 The Commission may, with the approval of the Governor in Council, make regulations prescribing the procedure to be followed in the reconsideration of decisions under section 112.

  • 1996, c. 23, s. 115;
  • 2012, c. 19, s. 247.

 [Repealed, 2012, c. 19, s. 247]

 [Repealed, 2012, c. 19, s. 247]

 [Repealed, 2012, c. 19, s. 247]

 [Repealed, 2012, c. 19, s. 247]

 [Repealed, 2012, c. 19, s. 247]

 [Repealed, 2012, c. 19, s. 247]

 [Repealed, 2012, c. 19, s. 247]

 [Repealed, 2012, c. 19, s. 247]

Investigations

Marginal note:Investigation by Commission
  •  (1) The Governor in Council may direct the Commission to investigate and report on all matters that the Governor in Council deems advisable or necessary.

  • Marginal note:Powers

    (2) The Commission has all the powers of a commissioner under Part I of the Inquiries Act for the purpose of conducting an investigation under this Act.

  • Marginal note:Notice

    (3) The Commission shall give such public notice as it considers sufficient of its intention to investigate any matters that under this Act it is empowered to investigate, and it shall receive representations submitted to it by persons or associations of persons appearing to the Commission to have an interest in the matters under investigation.

  • Marginal note:Report

    (4) The Minister shall lay every report made under this section before Parliament within 30 days after it is submitted to the Governor in Council or, if Parliament is not then sitting, on any of the first 30 days that either House of Parliament is sitting after its submission.

Enforcement

Marginal note:Information or complaint
  •  (1) An information or complaint under this Act, other than Part IV, may be laid or made by a member of the Royal Canadian Mounted Police or by a person acting for the Commission and, if an information or complaint appears to have been laid or made under this Act, other than Part IV, it is deemed to have been laid or made by a person acting for the Commission and shall not be called into question for lack of authority of the informant or complainant except by the Commission or by a person acting for it or for Her Majesty.

  • Marginal note:Two or more offences

    (2) An information or complaint about an offence under this Act, other than Part IV, may be for one or more offences and no information, complaint, warrant, conviction or other proceeding in a prosecution under this Act, other than Part IV, is objectionable or insufficient because it relates to two or more offences.

  • Marginal note:Territorial jurisdiction

    (3) An information or complaint about an offence under this Act, other than Part IV, may be heard, tried or determined by any provincial court judge, as defined in section 2 of the Criminal Code, if the accused is resident, carrying on business, found, apprehended or in custody within the judge’s territorial jurisdiction although the matter of the information or complaint did not arise within that jurisdiction.

  • Marginal note:Limitation of prosecutions

    (4) A prosecution for an offence under this Act, other than Part IV, may be commenced at any time within five years after the Commission became aware of the subject-matter of the prosecution.

  • Marginal note:Certificate

    (5) A document appearing to have been issued by the Commission, certifying the day on which it became aware of the subject-matter of the prosecution, is admissible in evidence and shall be considered conclusive proof of that fact without proof of the signature or the official character of the person appearing to have signed the document and without any other proof.

  • Marginal note:Proof of personal service

    (6) If provision is made by this Act, other than Part IV, or the regulations for personal service of a request for information, notice or demand, an affidavit of a person acting for the Commission stating that

    • (a) the person has charge of the appropriate records and has knowledge of the facts in the particular case,

    • (b) such a request, notice or demand was served personally on a named day on the person to whom it was directed, and

    • (c) the person identifies as an exhibit attached to the affidavit a true copy of the request, notice or demand,

    is evidence of the personal service and of the request, notice or demand.

  • Marginal note:Proof of failure to comply

    (7) If a person is required by this Act, other than Part IV, or the regulations to make a return, statement, answer or certificate, an affidavit of a person acting for the Commission stating that the person

    • (a) has charge of the appropriate records, and

    • (b) after a careful examination and search of the records, has been unable to find in a given case that the return, statement, answer or certificate, as the case may be, has been filed or made by the person required to do so,

    is evidence that in that case the person did not do so.

  • Marginal note:Proof of time of compliance

    (8) If a person is required by this Act, other than Part IV, or the regulations to make a return, statement, answer or certificate, an affidavit of a person acting for the Commission stating that the person

    • (a) has charge of the appropriate records, and

    • (b) after careful examination of the records, has found that the return, statement, answer or certificate was filed or made on a particular day,

    is evidence that it was filed or made on that day and not before.

  • Marginal note:Proof of documents

    (9) An affidavit of a person acting for the Commission stating that

    • (a) the person has charge of the appropriate records, and

    • (b) a document annexed to the affidavit is a document or true copy of a document made by or for an employer, the Commission or a person acting for the Commission,

    is evidence of the nature and contents of the document and is admissible in evidence and has the same probative force as the original document would have if it were proven in the ordinary way.

  • Marginal note:Presumption

    (10) If evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is acting for the Commission, it is not necessary to prove

    • (a) the person’s signature;

    • (b) that the person is acting for the Commission; or

    • (c) the signature or official character of the person before whom the affidavit was sworn.

  • Marginal note:Judicial notice

    (11) Judicial notice shall be taken of all orders made under this Act, other than Part IV, without the orders being specially pleaded or proven.

  • Marginal note:Proof of documents

    (12) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision or other document executed under, or in the course of, the administration or enforcement of this Act, other than Part IV, over the name in writing of the Commission, or a person acting for the Commission under this Act, other than Part IV, is deemed to be a document signed, made and issued by the Commission or the person unless it has been called into question by the Commission or by a person acting for it or for Her Majesty.

  • Marginal note:Forms authorized

    (13) A form that appears to be authorized by the Commission is deemed to be a form authorized by the Commission under this Act, other than Part IV, unless called into question by the Commission or a person acting for it or for Her Majesty.

  • Marginal note:Proof of return in prosecution

    (14) In a prosecution for an offence under this Act, other than Part IV, the production of a return, certificate, statement or answer required by or under this Act, other than Part IV, or the regulations appearing to have been filed or delivered by or for the person charged with the offence or to have been made or signed by or for the person is, in the absence of evidence to the contrary, proof that the return, certificate, statement or answer was filed or delivered by or for that person or was made or signed by or for them.

  • (15) [Repealed, 2012, c. 19, s. 248]

  • Marginal note:Proof of records

    (16) In a prosecution for an offence under this Act, an affidavit of a person acting for the Commission stating that

    • (a) the person has charge of the appropriate records, and

    • (b) an examination of the records shows that an amount required under this Act to be remitted to the Receiver General on account of fines, penalties, interest and repayment of overpayments of benefits has not been received by the Receiver General,

    is evidence of the statements contained in the affidavit.

  • Marginal note:Officers, etc., of corporations

    (17) If a corporation commits an offence under this Act, other than Part IV, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

  • 1996, c. 23, s. 125;
  • 2012, c. 19, s. 248.
 
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