Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
597. The Act is amended by adding the following after section 41.2:
Marginal note:Fees
41.21 (1) The Commission may make regulations prescribing fees, and respecting their calculation and payment, to be paid by any person who acquires information from the databases or the information, administrative or operational systems referred to in section 41.2 for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under that section and that are not recovered under any regulation made under section 68.
Marginal note:Debt due to Her Majesty
(2) Fees required to be paid under this section constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.
Marginal note:Prepublication of regulations
(3) The Commission shall publish any regulations that it proposes to make under subsection (1) and shall give interested persons a reasonable opportunity to make representations to the Commission with respect to the proposed regulations.
Marginal note:Modification after publication
(4) Proposed regulations that are modified after publication need not be published again under subsection (3).
Marginal note:2005, c. 50, s. 1
598. Subsection 41.3(1) of the Act is replaced by the following:
Marginal note:Delegation of powers
41.3 (1) The Commission may, in writing and on specified terms, delegate to any person, including any body created by the Commission for that purpose, any of its powers under section 41.2 and the power to collect fees that it prescribes under subsection 41.21(1).
Marginal note:2005, c. 50, s. 1
599. Subsection 41.4(2) of the Act is repealed.
600. The Act is amended by adding the following after section 41.4:
Marginal note:Financial Administration Act does not apply
41.41 (1) Despite the Financial Administration Act, money collected by a delegate is deemed not to be public money.
Marginal note:Exception — fees
(2) However, any fees that are prescribed under subsection 41.21(1) and collected by the delegate are public money when they are paid to the Receiver General.
Coordinating Amendments
Marginal note:2010, c. 23
601. (1) In this section, “other Act” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, chapter 23 of the Statutes of Canada, 2010.
(2) If section 90 of the other Act comes into force before section 596 of this Act, then sections 596 to 600 of this Act are repealed.
(3) If section 90 of the other Act comes into force on the same day as section 596 of this Act, then sections 596 to 600 of this Act are deemed to have come into force before that section 90.
Division 421995, c. 44Employment Equity Act
602. Subsection 42(2) of the Employment Equity Act is replaced by the following:
Marginal note:Federal Contractors Program
(2) The Minister is responsible for the administration of the Federal Contractors Program for Employment Equity.
Division 431996, c. 23Employment Insurance Act
Amendments to the Act
Marginal note:2001, c. 5, s. 3(1)
603. (1) Paragraphs 4(2)(a) and (b) of the Employment Insurance Act are replaced by the following:
(a) the average for the 12-month period ending on April 30 in the preceding year of the Average Weekly Earnings for each month in that period
by
(b) the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.
Marginal note:2001, c. 5, s. 3(1)
(2) Subsection 4(3) of the Act is replaced by the following:
Marginal note:Subsequent years
(3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.
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;
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