Budget Implementation Act, 2016, No. 1 (S.C. 2016, c. 7)

Assented to 2016-06-22

 Section 13 of the Act is replaced by the following:

Marginal note:Waiting period

13 A claimant is not entitled to be paid benefits in a benefit period until, after the beginning of the benefit period, the claimant has served a waiting period of one week of unemployment for which benefits would otherwise be payable.

 Subsection 22(4) of the Act is replaced by the following:

  • Marginal note:Application of section 18

    (4) For the purposes of section 13, the provisions of section 18 do not apply to the week that immediately precedes the period described in subsection (2).

 Section 54 of the Act is amended by striking out “and” at the end of paragraph (z.3) and by adding the following after that paragraph:

  • (z.31) eliminating the special benefits payable to a claimant in respect of any period that constitutes, under a plan other than one established under a provincial law, an elimination period during which no benefit is payable to the claimant under the plan; and

Marginal note:2015, c. 36, s. 153

 Section 58 of the Act is replaced by the following:

Definition of insured participant

58 In this Part, insured participant means an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person for whom a benefit period is established or whose benefit period has ended within the previous 60 months.

Marginal note:2015, c. 36, s. 154

 Subsection 63(2) of the Act is replaced by the following:

  • Marginal note:Insured participants

    (2) An agreement may be entered into under subsection (1) with a government even if the benefits provided by that government are provided only for an insured participant as defined in section 58 as it read immediately before June 23, 2015, the text of which is set out in Schedule III.

Marginal note:2015, c. 36, s. 155

 Section 63.1 of the Act is replaced by the following:

Marginal note:Payment of contributions — insured participants
  • 63.1 (1) If an agreement that is entered into with a government under section 63 provides for the payment of contributions for all or a portion of the costs of benefits provided by the government that are similar to employment benefits under this Part and the benefits to be provided by that government under the agreement are provided only for an insured participant as defined in section 58 as it read immediately before June 23, 2015, the text of which is set out in Schedule III, the contributions to be paid under the agreement shall be paid only for costs of benefits for an insured participant as defined in that section 58.

  • Marginal note:Application

    (2) Subsection (1) applies in respect of agreements entered into before, on or after the day on which this subsection comes into force.

Marginal note:2009, c. 33, s. 16

 The definition waiting period in subsection 152.01(1) of the Act is replaced by the following:

waiting period

waiting period means the one week of the benefit period described in section 152.15. (délai de carence)

Marginal note:2009, c. 33, s. 16

 Subsection 152.07(7) of the Act is replaced by the following:

  • Marginal note:Limitation

    (7) A violation may not be taken into account under paragraph (1)(d) in more than two initial claims by an individual for benefits under this Act if the individual who accumulated the violation qualified for benefits in each of those two initial claims, taking into account subparagraph (1)(d)(ii), subsection 7.1(1) or regulations made under Part VIII, as the case may be.

Marginal note:2009, c. 33, s. 16

 Section 152.15 of the Act is replaced by the following:

Marginal note:Waiting period

152.15 A self-employed person is not entitled to be paid benefits in a benefit period until, after the beginning of the benefit period, the person has served a waiting period of one week of unemployment for which benefits would otherwise be payable.

 Schedule I to the Act is amended by replacing the reference after the heading “SCHEDULE I” with the following:

(Subsections 12(2), (2.1), (2.3), (2.5) and (2.6))

 Schedule I to the Act is amended by replacing the references after the heading “SCHEDULE I” with the following:

(Subsection 12(2))

 The Act is amended by adding, after Schedule II, the Schedule III set out in Schedule 2 to this Act.

Transitional Provisions

Marginal note:Provisions continue to apply

 The following provisions of the Employment Insurance Act, as those provisions read immediately before July 9, 2017, continue to apply in respect of a claimant, as defined in subsection 2(1) of that Act, whose benefit period, as defined in that subsection 2(1), began before that day and has not ended before that day:

  • (a) the definition long-tenured worker in subsection 2(1);

  • (b) subsections 10(13.1) to (14.1); and

  • (c) subsections 12(2) to (2.8) and (6).

Marginal note:Application of provisions

 The following provisions of the Employment Insurance Act, as enacted by subsections 207(3), 209(1) and 210(1) and (3) and section 220, apply only in respect of a claimant, as defined in subsection 2(1) of that Act, whose benefit period, as defined in that subsection 2(1), begins on or after the day fixed by order of the Governor in Council made under subsection 231(3):

  • (a) subsection 2(5);

  • (b) the portion of subsection 7(2) before paragraph (a);

  • (c) the portion of subsection 7.1(1) before the table and subsection 7.1(3); and

  • (d) subsection 152.07(7).

Marginal note:Application of provisions

 The following provisions of the Employment Insurance Act, as those provisions read immediately before the day fixed by order of the Governor in Council made under subsection 231(4), continue to apply in respect of a claimant, as defined in subsection 2(1) of that Act, whose benefit period, as defined in that subsection 2(1), began before that day:

  • (a) the definition waiting period in subsection 6(1);

  • (b) section 13;

  • (c) subsection 22(4);

  • (d) the definition waiting period in subsection 152.01(1); and

  • (e) section 152.15.

Regulations

Marginal note:Retroactive regulations

 Regulations made by the Canada Employment Insurance Commission under the Employment Insurance Act that, in the opinion of the Commission, are necessary as a result of the amendments made by sections 208, 213, 214, 219 and 221 may, if the regulations so provide, be retroactive and have effect with respect to any period before they are made that begins on or after the day that is fixed by order of the Governor in Council made under subsection 231(4).

Marginal note:Non-application of subsections 153(3) and (4)

 Subsections 153(3) and (4) of the Employment Insurance Act do not apply in respect of any regulations made by the Canada Employment Insurance Commission under that Act that, in the opinion of the Commission, are necessary as a result of the amendments made by subsection 207(3) and sections 209, 210, 216, 220 and 230.

2015, c. 36Consequential Amendment to the Economic Action Plan 2015 Act, No. 1

 Section 158 of the Economic Action Plan 2015 Act, No. 1 is repealed.

 
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