Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)

Marginal note:Consultation process

• 10.5 (1) For the purpose of establishing categories of eligible foreign nationals under subparagraph 10.3(1)(h.1)(iii), the Minister must engage in a public consultation process with stakeholders, including provinces and territories, industry, unions, employers, workers, worker advocacy groups, settlement provider organizations and immigration researchers and practitioners, to obtain information, advice and recommendations in respect of the labour market conditions, including occupations expected to face shortage conditions, as well as on how categories can be formed to meet economic goals.

• Marginal note:Advice and recommendations

  (2) The advice and recommendations from the public consultation process must be based on written submissions provided by relevant industry members and stakeholders.

• Marginal note:Report

  (3) The Minister shall cause to be tabled before each House of Parliament, not later than the fifth sitting day of that House after January 31 following the end of each fiscal year, a report containing the list of the categories of eligible foreign nationals established in an instruction made under paragraph 10.3(1)(h.1) and the selection criteria and the process applied for the establishment of those categories.

• Marginal note:Referral

  (4) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

• (a.1) any instructions given under paragraph 10.3(1)(h.2) that establish a category of eligible foreign nationals, the economic goal sought to be supported in establishing the category and the number of foreign nationals invited to make an application for permanent residence in respect of the category;

• (i.1) the amount of the payment under the program referred to in section 275 of the Budget Implementation Act, 2021, No. 1,

• (ii) benefits, as defined in subsection 2(1) of the Employment Insurance Act, or an employment insurance emergency response benefit referred to in section 153.7 of that Act,

Marginal note:Receipt of benefits, allowances or money

• 15 (1) If, for any four-week period, the Minister determines that a worker received an income support payment for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 12(2) that the amount that the worker must repay under subsection 12(1) is the amount determined by the formula

  $2,000 × (A ÷ 4)

  where

  A

  is the number of weeks for which the worker received such benefits, allowances or money during that four-week period.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the worker if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the worker is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment.

Marginal note:Receipt of benefits, allowances or money

• 15.1 (1) If, for any four-week period, the Minister determines that a student received a Canada emergency student benefit for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 13(2) that the amount that the worker must repay under subsection 13(1) is, despite subsection 13(1), the amount determined by the formula

  A × (B ÷ 4)

  where

  A

  is

  • (a) $2,000, in the case of a student with a dependant or a student with a disability, and

  • (b) $1,250, in any other case; and

  B

  is the number of weeks for which the student received such benefits, allowances or money during that four-week period.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the student if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the student is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment.

• Marginal note:Receipt of income support payment

  (5) If, for any week, a claimant received an employment insurance emergency response benefit for which they were not eligible by reason only of paragraph (2)(c), the claimant, despite that paragraph, is deemed to have been eligible for the benefit unless the Commission has, under subsection 15(2) of the Canada Emergency Response Benefit Act, informed the Minister, as defined in section 2 of that Act, that subsection 15(1) of that Act should not apply in respect of the claimant.

• Marginal note:Receipt of Canada emergency student benefit

  (6) If, for any week, a claimant received an employment insurance emergency response benefit for which they were not eligible by reason only of paragraph (2)(d), the claimant, despite that paragraph, is deemed to have been eligible for the benefit unless the Commission has, under subsection 15.1(2) of the Canada Emergency Student Benefit Act, informed the Minister, as defined in section 2 of that Act, that subsection 15.1(1) of that Act should not apply in respect of the claimant.

• (c) receiving assistance under an employment support measure other than one referred to in paragraph 59(c) or (d); or

• Marginal note:Earnings and allowances from employment support measures, courses and programs

  (4) Earnings from employment under an employment support measure other than one referred to in paragraph 59(c) or (d) and earnings or allowances payable to a claimant for attending a course or program of instruction or training shall not be deducted under this section except in accordance with the regulations.

Courses, Programs and Employment Support Measures

Marginal note:Benefits are not earnings

26 For the purposes of this Part, Part IV, the Income Tax Act and the Canada Pension Plan, benefits paid to a claimant while employed under an employment support measure — other than one referred to in paragraph 59(c) or (d) — or under a measure that is the subject of an agreement under section 63 are not earnings from employment.

• (a) the Commission or an authority that the Commission designates has, with the agreement of the claimant, referred the claimant to a course or program of instruction or training or to any other employment activity for which assistance has been provided under an employment support measure other than one referred to in paragraph 59(c); and

Employment Support Measures and National Employment Service

Marginal note:Purpose

56 The purpose of this Part is to help maintain a sustainable employment insurance system through the establishment of employment support measures and the maintenance of a national employment service.

• (a) an insured person who requests assistance under an employment support measure and, when requesting the assistance, is a person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or a person who paid, in at least 3 of the last 10 years, employee’s premiums that did not entitle them to a refund under subsection 96(4); and

• (b) an insured person who requests assistance under an employment support measure and, when requesting assistance, is a person who was in receipt of the employment insurance emergency response benefit within the previous 60 months.