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

Assented to 2009-03-12

2007, c. 1Consequential Amendment to the International Bridges and Tunnels Act

 Subsections 4(3) and (4) of the International Bridges and Tunnels Act are replaced by the following:

  • Marginal note:Application of other Acts

    (3) Nothing in this Act or any regulations made under it affects the application of any other Act of Parliament, including any requirement for a person to obtain a licence, permit or other authorization in respect of an international bridge or tunnel.

PART 8MISCELLANEOUS PROVISIONS

Division 1Wage Earner Protection Program

2005, c. 47, s. 1Wage Earner Protection Program Act

Marginal note:2007, c. 36, s. 83

 Subsection 2(1) of the Wage Earner Protection Program Act is replaced by the following:

Marginal note:Definitions
  • 2. (1) The following definitions apply in this Act.

    “eligible wages”

    « salaire admissible »

    “eligible wages” means

    • (a) wages other than severance pay and termination pay that were earned during the six-month period ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer; and

    • (b) severance pay and termination pay that relate to employment that ended during the period referred to in paragraph (a).

    “wages”

    « salaire »

    “wages” includes salaries, commissions, compensation for services rendered, vacation pay, severance pay, termination pay and any other amounts prescribed by regulation.

Marginal note:2007, c. 36, s. 84
  •  (1) Paragraph 5(a) of the Act is replaced by the following:

    • (a) the individual’s employment ended for a reason prescribed by regulation;

  • (2) Section 5 is amended by adding “and” after paragraph (b) and by replacing paragraphs (c) and (d) with the following:

    • (c) the individual is owed eligible wages by the former employer.

Marginal note:2007, c. 36, s. 85

 The portion of section 6 of the Act before paragraph (a) is replaced by the following:

Marginal note:Exceptions

6. An individual is not eligible to receive a payment in respect of any wages earned during, or that otherwise relate to, a period in which the individual

Marginal note:2007, c. 36, s. 86

 Section 7 of the Act is replaced by the following:

Marginal note:Amount of payment
  • 7. (1) The amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of the greater of the following amounts, less any amount prescribed by regulation:

    • (a) $3,000; and

    • (b) an amount equal to four times the maximum weekly insurable earnings under the Employment Insurance Act.

  • Marginal note:Bankruptcy and receivership

    (2) If the former employer is both bankrupt and subject to a receivership, the amount that may be paid is the greater of the amount determined in respect of the bankruptcy and the amount determined in respect of the receivership.

Marginal note:2007, c. 36, s. 89
  •  (1) Paragraphs 21(1)(a) and (b) of the Act are replaced by the following:

    • (a) identify each individual who is owed eligible wages;

    • (b) determine the amount of eligible wages owing to each individual;

  • Marginal note:2007, c. 36, s. 89

    (2) Paragraph 21(1)(d) of the Act is replaced by the following:

    • (d) provide the Minister and each individual other than one who is in a class prescribed by regulation with the information prescribed by regulation in relation to the individual and with the amount of eligible wages owing to the individual; and

Marginal note:2007, c. 36, s. 94
  •  (1) Paragraph 41(b) of the Act is replaced by the following:

    • (b) prescribing reasons for the purposes of paragraph 5(a);

  • Marginal note:2007, c. 36, s. 94

    (2) Paragraphs 41(d) and (e) of the Act are replaced by the following:

    • (d) prescribing an amount for the purposes of subsection 7(1);

    • (e) respecting the allocation of payments to the different components of wages;

  • Marginal note:2007, c. 36, s. 94

    (3) Paragraph 41(i) of the Act is replaced by the following:

    • (i) respecting the information that is to be provided by trustees and receivers to the Minister and to individuals for the purposes of paragraph 21(1)(d) and respecting the period during which and the manner in which that information is to be provided;

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

 Subsection 16(2) of the Regulations is replaced by the following:

  • (2) The trustee or receiver shall provide the information within 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.

R.S., c. B-3Consequential Amendments to the Bankruptcy and Insolvency Act

Marginal note:2005, c. 47, s. 67; 2007, c. 36, s. 38

 The definition rémunération in subsection 81.3(9) of the French version of the Bankruptcy and Insolvency Act is replaced by the following:

« rémunération »

“compensation”

rémunération S’entend notamment de l’indemnité de vacances, mais non de l’indemnité de départ ou de préavis.

Marginal note:2005, c. 47, s. 67; 2007, c. 36, s. 38

 The definition rémunération in subsection 81.4(9) of the French version of the Act is replaced by the following:

« rémunération »

“compensation”

rémunération S’entend notamment de l’indemnité de vacances, mais non de l’indemnité de départ ou de préavis.

 
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