Adjustment Assistance Benefit Regulations (Footwear and Tanning Workers)

C.R.C., c. 317

APPROPRIATION ACTS

APPROPRIATION ACT NO. 5, 1973

Regulations Respecting Provision for Adjustment Assistance Benefits for Displaced Workers In The Footwear and Tanning Industries

SHORT TITLE

 These Regulations may be cited as the Adjustment Assistance Benefit Regulations (Footwear and Tanning Workers).

INTERPRETATION

 In these Regulations,

“Act”

“Act” means the Unemployment Insurance Act, 1971; (Loi)

“average weekly insurable earnings”

“average weekly insurable earnings”, with respect to an employee who is eligible to receive pre-retirement benefit, means the average of his weekly insurable earnings, as determined pursuant to the Act, from employment by a manufacturer for the 20 weeks of employment nearest to the effective date of his lay-off; (rémunération hebdomadaire moyenne assurable)

“Board”

“Board” means the Enterprise Development Board established by section 4 of the Enterprise Development Regulations; (Commission d’aide générale)

“board of referees”

“board of referees” means a board of referees established by the Act; (conseil arbitral)

“certificate”

“certificate” means a certificate issued by the Board pursuant to section 3; (certificat)

“Commission”

“Commission” means the Canada Employment and Immigration Commission; (Commission)

“effective date of lay-off”

“effective date of lay-off” means the date of lay-off of an employee that occurs within a lay-off period; (date d’effet de la mise à pied)

“employee”

“employee” means a person who is included in a lay-off; (employé)

“employer”

“employer” means an employer named in a certificate; (employeur)

“footwear”

“footwear” means any form of footwear other than footwear the main component of which is canvas; (chaussure)

“lay-off”

“lay-off” means the involuntary separation from employment for an indefinite period of an employee of a manufacturer solely as a result of a reduction by that manufacturer in the number of employees employed by him; (mise à pied)

“manufacturer”

“manufacturer” means

  • (a) a person, firm or corporation or a division thereof in Canada engaged in a manufacturing or processing activity in the footwear or tanning industries, or both, on January 1, 1974,

  • (b) any corporation restructured by means of the acquisition of one or more corporations or divisions thereof referred to in paragraph (a), or

  • (c) a new corporation formed after January 1, 1974 by the merger or acquisition of two or more corporations or divisions thereof referred to in paragraph (a); (fabricant)

“manufacturing or processing activity”

“manufacturing or processing activity” means an activity whereby any footwear or leather

  • (a) is made, fabricated, processed or refined out of any raw material or other substance or combination thereof, and includes the tanning of any raw material or other substance or combination thereof, or

  • (b) is made by causing any raw material or other substance to undergo a significant chemical, biochemical or physical change including any change that preserves or improves the keeping qualities of that raw material or other substance but excluding any change by growth or decay; (travaux de fabrication ou de traitement)

“maximum pre-retirement benefit”

“maximum pre-retirement benefit” has the meaning assigned by section 9; (prestation maximale d’avant-retraite)

“Minister”

“Minister” means the Minister of Labour; (ministre)

“pre-retirement benefit”

“pre-retirement benefit” means the pre-retirement benefit payable under these Regulations; (prestation d’avant-retraite)

“qualifying week”

“qualifying week”, with respect to an employee, means a week during which the employee was employed by a manufacturer and had insurable earnings as determined pursuant to the Act; (semaine donnant droit à l’aide)

“restructure”

“restructure” means a change that, in the opinion of the Board, is significant in the operations of a manufacturer in respect of the products, methods of production, markets or management procedures and, if directly related to those operations, includes

  • (a) the acquisition, merger or amalgamation of one or more manufacturers described in paragraph (a) of the definition “manufacturer”,

  • (b) the acquisition of working capital, or

  • (c) the acquisition, construction or conversion of machinery, equipment, buildings, land or other facilities; (restructuration)

“umpire”

“umpire” means an umpire appointed under Part V of the Act. (juge-arbitre)

  • SOR/78-786, s. 1;
  • SOR/79-283, s. 1;
  • SOR/79-624, s. 1.