Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
Full Document:
- HTMLFull Document: Jobs, Growth and Long-term Prosperity Act (Accessibility Buttons available) |
- PDFFull Document: Jobs, Growth and Long-term Prosperity Act [1763 KB]
Assented to 2012-06-29
604. Subsections 14(2) to (4.1) of the Act are replaced by the following:
Marginal note:Weekly insurable earnings
(2) A claimant’s weekly insurable earnings are their insurable earnings in the calculation period divided by the number of weeks determined in accordance with the following table by reference to the applicable regional rate of unemployment.
TABLE
Regional Rate of Unemployment Number of Weeks not more than 6% 22 more than 6% but not more than 7% 21 more than 7% but not more than 8% 20 more than 8% but not more than 9% 19 more than 9% but not more than 10% 18 more than 10% but not more than 11% 17 more than 11% but not more than 12% 16 more than 12% but not more than 13% 15 more than 13% 14 Marginal note:Insurable earnings
(3) Insurable earnings in the calculation period are equal to the total of the following amounts established and calculated in accordance with the regulations:
(a) the claimant’s insurable earnings during the calculation period including those from insurable employment that has not ended but not including any insurable earnings paid or payable to the claimant by reason of lay-off or separation from employment in the qualifying period; and
(b) the insurable earnings paid or payable to the claimant, during the qualifying period, by reason of lay-off or separation from employment.
Marginal note:Calculation period
(4) The calculation period of a claimant is the number of weeks, whether consecutive or not, determined in accordance with the table set out in subsection (2) by reference to the applicable regional rate of unemployment, in the claimant’s qualifying period for which he or she received the highest insurable earnings.
Marginal note:2001, c. 34, s. 41(E)
605. Subsections 27(2) and (3) of the Act are replaced by the following:
Marginal note:Employment not suitable
(2) For the purposes of this section, employment is not suitable employment for a claimant if it arises in consequence of a stoppage of work attributable to a labour dispute.
606. Subsection 42(3) of the Act is replaced by the following:
Marginal note:Exception — payment to other governments
(3) If the Government of Canada, a provincial or municipal government or any other prescribed authority pays a person an advance or assistance or a welfare payment for a week that would not be paid if unemployment benefits were paid for that week, and unemployment benefits subsequently become payable to that person for that week, the Commission may, subject to the regulations, deduct from those or any subsequent benefits and pay to the government or the prescribed authority an amount equal to the amount of the advance, assistance or welfare payment paid, if the person had, on or before receiving the advance, assistance or welfare payment, consented to the deduction and payment by the Commission.
607. The Act is amended by adding the following after section 46:
Marginal note:Limitation
46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.
608. (1) Section 54 of the Act is amended by adding the following after paragraph (k):
(k.1) establishing criteria for defining or determining what constitutes suitable employment for different categories of claimants for the purposes of any provision of this Act;
(k.2) establishing criteria for defining or determining what constitutes reasonable and customary efforts for the purposes of subsection 50(8);
(2) Clause 54(z)(i)(A) of the Act is replaced by the following:
(A) weeks are to be considered as weeks for which a claimant has insurable earnings during a calculation period, including the number of those weeks to be considered in that period, and
(3) Subparagraph 54(z)(ii) of the Act is replaced by the following:
(ii) for allocating insurable earnings to a calculation period, for example by including them in that period or excluding them from that period;
Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)
609. (1) Subsection 66(1) of the Act is replaced by the following:
Marginal note:Annual premium rate setting
66. (1) Subject to subsection (7) and section 66.3, the Board shall set the premium rate for each year in order to generate just enough premium revenue during that year to ensure that at the end of that year the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date.
(2) Subsection 66(1) of the Act, as enacted by subsection (1), is replaced by the following:
Marginal note:Annual premium rate setting
66. (1) Subject to subsection (7) and section 66.3, the Board shall set the premium rate for each year in order to generate just enough premium revenue to ensure that, at the end of the seven-year period that begins at the beginning of that year, the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date.
Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)
(3) Paragraphs 66(2)(b) and (c) of the Act are replaced by the following:
(b) the amount by which the Board’s financial assets exceed its financial liabilities;
Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)
(4) Paragraph 66(2)(e) of the Act is replaced by the following:
(e) any changes, announced by the Minister on or before July 31 in a year, to payments to be made under paragraph 77(1)(a), (b) or (c) during the following year; and
Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(2)
(5) Subsections 66(4) to (7) of the Act are replaced by the following:
Marginal note:Difference year to year
(7) The premium rate may not be increased or decreased by more than five one-hundredths of one per cent (0.05%) from one year to the next.
(6) Section 66 of the Act is amended by adding the following after subsection (7):
Marginal note:Non-application
(7.1) Despite subsection (7), the premium rate may be decreased by more than five one-hundredths of one per cent (0.05%) from the year in which this subsection comes into force to the next year.
Marginal note:2008, c. 28, s. 127
(7) Subsection 66(9) of the Act is replaced by the following:
Marginal note:Time limit
(9) On or before September 14 in a year, the Board shall set the premium rate for the following year.
Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(3)
610. (1) The portion of subsection 66.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Information provided
66.1 (1) The Minister shall, on or before July 31 in a year, provide the Board with the following information:
Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(3)
(2) Paragraphs 66.1(1)(a) and (b) of the Act are replaced by the following:
(a) if the Minister has made an announcement referred to in paragraph 66(2)(e), the forecast change in the amount of the payments to be made during each of the following seven years under paragraph 77(1)(a), (b) or (c), as the case may be;
(b) the forecast costs to be paid under paragraphs 77(1)(d) and (f) during each of the following seven years, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);
Marginal note:2008, c. 28, s. 127
611. (1) The portion of subsection 66.2(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Information provided
66.2 (1) The Minister of Finance shall, on or before July 31 in a year, provide the Board with the following information:
Marginal note:2008, c. 28, s. 127
(2) Paragraph 66.2(1)(a) of the Act is replaced by the following:
(a) the most current available forecast values of the economic variables that are relevant to the determination under section 66 of a premium rate for the following year;
Marginal note:2008, c. 28, s. 127
612. (1) The portion of subsection 66.3(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Governor in Council
66.3 (1) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before September 30 in a year,
Marginal note:2008, c. 28, s. 127
(2) Paragraph 66.3(1)(b) of the Act is replaced by the following:
(b) if the Board has not set a premium rate under that section by September 14 in the year, set one for the following year.
Marginal note:2008, c. 28, s. 128
613. Section 70.1 of the Act is repealed.
Marginal note:2008, c. 28, s. 130; 2010, c. 12, s. 2205
614. (1) The portion of subsection 77.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Forecasts and estimates
77.1 (1) On or before July 31 in a year,
Marginal note:2008, c. 28, s. 130; 2010, c. 12, s. 2205
(2) The portion of subsection 77.1(2) of the Act before the formula is replaced by the following:
Marginal note:Payment to Board
(2) A payment in the amount determined under subsection (3) is to be made on or before August 31 in a year to the Board out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, and charged to the Employment Insurance Operating Account if
Marginal note:2008, c. 28, s. 130; 2010, c. 12, s. 2205
(3) The portion of subsection 77.1(4) of the Act before the formula is replaced by the following:
Marginal note:Payment by Board
(4) A payment in the amount determined under subsection (5) is to be made on or before August 31 in a year, or at any later date that the Minister of Finance may specify, by the Board to the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account if
Marginal note:2008, c. 28, s. 130; 2010, c. 12, s. 2205
(4) The portion of subsection 77.1(5) of the Act before the formula is replaced by the following:
Marginal note:Amount of payment by Board
(5) For the purpose of subsection (4), the amount of the payment is an amount equal to the lesser of the amount of the Board’s financial assets less its financial liabilities and the amount calculated in accordance with the following formula:
615. (1) Section 96 of the Act is amended by adding the following after subsection (4):
Marginal note:No refund
(4.1) No refund shall be made to a person under subsection (4) if the person is also a self-employed person to whom Part VII.1 applies and the person’s total earnings from insurable employment and from self-employment calculated in accordance with that Part are more than $2,000 in a year.
(2) Subsection 96(5) of the Act is replaced by the following:
Marginal note:Refund — insurable earnings over $2,000
(5) If a person who is not a self-employed person to whom Part VII.1 applies has insurable earnings of more than $2,000 in a year, but the insurable earnings minus the aggregate of all deducted amounts mentioned in subsection (4) are less than $2,000, the Minister shall refund to the person an amount calculated in accordance with the following formula if that amount is more than $1:
$2,000 – (IE – P)
where
- IE
- is the person’s insurable earnings in the year; and
- P
- is the aggregate of all deducted amounts mentioned in subsection (4).
Marginal note:Refund — combined earnings over $2,000
(5.1) If a person has insurable earnings and is also a self-employed person to whom Part VII.1 applies and the person’s total earnings from insurable employment and from self-employment calculated under that Part are more than $2,000 in a year, but the total earnings minus the aggregate of all deducted amounts mentioned in subsection (4) and the premiums payable under section 152.21 are less than $2,000, the Minister shall refund to the person the lesser of the following amounts if that amount is more than $1:
(a) the aggregate of all deducted amounts mentioned in subsection (4), and
(b) the amount calculated in accordance with the following formula
$2,000 – (TE –TP)
where
- TE
- is the person’s total earnings from insurable employment and from self-employment calculated under Part VII.1; and
- TP
- is the aggregate of all deducted amounts mentioned in subsection (4) and the premiums payable under section 152.21.
Transitional Provision
Marginal note:Transitional
616. Section 14 of the Employment Insurance Act, as amended by section 604, applies only to claimants whose benefit period is established on or after April 7, 2013.
2008, c. 28, s. 121Consequential Amendments to the Canada Employment Insurance Financing Board Act
617. Paragraph 4(b) of the Canada Employment Insurance Financing Board Act is repealed.
618. (1) The portion of subsection 14(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Duties
(3) The chief actuary shall prepare actuarial forecasts and estimates for the purposes of section 66 of the Employment Insurance Act and shall, on or before August 31 in each year, provide the board of directors with
(2) Paragraph 14(3)(b) of the Act is replaced by the following:
(b) the forecast fair market value at the end of the following year of the Board’s financial assets less its financial liabilities;
Page Details
- Date modified: