Marginal note:Employment in other designated industries

15. Where the Canadian establishment from which an employee was laid off was, at the time of his lay-off, part of an industry designated generally pursuant to section 3, the Commission shall, in applying paragraph 14(1)(b) or 14(2)(b) in respect of the employee, take into account as employment in that industry any period of employment of that employee preceding his effective date of lay-off in any other industry so designated, whether or not the designation was in force on that date.

Marginal note:Semi-annual review

• 16. (1) The Commission shall at least once every six months review the circumstances of every qualified employee to determine if he continues to meet the requirement set out in paragraph 14(1)(f) and, if the Commission determines he does not meet that requirement, it shall notify him in writing of its decision.

• Marginal note:Attendance

  (2) For the purposes of subsection (1), the Commission may require a qualified employee to attend at a suitable time and place in order to provide such information as the Commission may require to conduct its review.

• Marginal note:Failure to comply with requirements

  (3) Notwithstanding any other provision of this Act, a qualified employee who fails to comply with a requirement to attend under subsection (2) that has not been waived under subsection (4) is not qualified to receive labour adjustment benefits as long as the failure to comply continues.

• Marginal note:Waiver or variation of requirement

  (4) The Commission may waive or vary any requirement to attend under subsection (2) if in its opinion the circumstances warrant the waiver or variation for the benefit of the qualified employee.

• Marginal note:Revocation of decision

  (5) Where the Commission has notified a qualified employee of its decision pursuant to subsection (1) and, on a subsequent review under that subsection, determines that the employee then meets the requirement, the Commission shall revoke its prior decision and notify him in writing of its decision.

Marginal note:Calculation and payment of benefits

• 17. (1) Where the Commission determines that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits, the Commission shall, in accordance with this Act, calculate the amount of the benefits on a weekly basis in arrears and pay the benefits to the qualified employee every two weeks in arrears.

• Marginal note:Commencement of benefits

  (2) Labour adjustment benefits are payable to a qualified employee commencing on the later of

  • (a) the week immediately following the week the employee’s benefits under Part I of the Employment Insurance Act subsequent to his or her lay-off are exhausted, and

  • (b) the week during which he applies to the Commission under section 13 for labour adjustment benefits.

• Marginal note:Additional benefits

  (3) Where a qualified employee was certified by the Board pursuant to section 11 after the week his or her benefits under Part I of the Employment Insurance Act subsequent to the lay-off were exhausted, in addition to the labour adjustment benefits otherwise payable to the employee under this Act, labour adjustment benefits are payable from the later of

  • (a) that week, and

  • (b) the week during which he applied to the Board for certification

  to the week during which he was so certified.

• Marginal note:Lump sum payment

  (4) Notwithstanding subsection (1), the amount of any labour adjustment benefits payable to a qualified employee for a period prior to the first two week period for which payment is made to him in accordance with that subsection shall be paid in one sum.