Employment Insurance Act (S.C. 1996, c. 23)

Marginal note:Overlapping pay periods

70 If insurable earnings are paid to a person after the end of the year in which their insurable employment occurred, the insurable employment is, for the purposes of determining insurable earnings and premiums payable, deemed to have occurred in the year in which the insurable earnings are paid.

70.1 [Repealed, 2012, c. 19, s. 613]

Employment Insurance Operating Account

Marginal note:Employment Insurance Operating Account established

70.2 There is established in the accounts of Canada an account to be known as the Employment Insurance Operating Account.

71 [Repealed, 2010, c. 12, s. 2186]

Marginal note:Payment into Consolidated Revenue Fund

72 There shall be paid into the Consolidated Revenue Fund

• (a) all amounts received under Parts I and III to IX, as or on account of premiums, fines, penalties, interest, repayment of overpaid benefits and benefit repayment;

• (b) all amounts collected by the Commission for services rendered to other government departments or agencies or to the public; and

• (c) all amounts received on account of principal or interest on loans made by the Commission under Part II or as repayment of overpayments made by the Commission under that Part.

Marginal note:Credits to Employment Insurance Operating Account

73 There shall be credited to the Employment Insurance Operating Account and charged to the Consolidated Revenue Fund

• (a) an amount in each year equal to the amount receivable as or on account of premiums payable for that year under this Act;

• (b) any other amounts provided out of the Consolidated Revenue Fund appropriated by Parliament for any purpose related to employment insurance and administered by the Commission; and

• (c) an amount equal to all benefit repayments receivable under Part VII.

Marginal note:Benefit enhancements under this Act

73.1 There shall be credited to the Employment Insurance Operating Account on August 1, 2010 the amount determined by the Minister of Finance that corresponds to the cost of the benefit enhancement measures under this Act, provided for in the budget tabled in Parliament on January 27, 2009 in which the cost is estimated to be $2,900,000,000.

Marginal note:Government premiums

74 There shall be credited to the Employment Insurance Operating Account and charged to the Consolidated Revenue Fund an amount equal to the premiums required to be paid by Her Majesty in right of Canada as employer’s premiums for persons employed in insurable employment by Her Majesty in right of Canada.

Marginal note:Other credits to Employment Insurance Operating Account

75 There shall be credited to the Employment Insurance Operating Account all amounts paid into the Consolidated Revenue Fund that are

• (a) received as or on account of penalties imposed under section 38, 39 or 65.1 and repayments of overpaid benefits, except interest and penalties on benefit repayment;

• (b) collected by the Commission for services rendered to other government departments or agencies or to the public;

• (c) received on account of principal or interest on loans made by the Commission under Part II;

• (d) received as repayments of overpayments by the Commission under section 61 for employment benefits and support measures authorized by Part II;

• (e) received as repayments of overpayments by the Commission under agreements entered into under section 63; or

• (f) received as interest under section 80.1.

76 [Repealed, 2010, c. 12, s. 2187]

Marginal note:Charges to the Account

• 77 (1) There shall be paid out of the Consolidated Revenue Fund and charged to the Employment Insurance Operating Account

  • (a) all amounts paid as or on account of benefits under this Act;

  • (b) all amounts paid under section 61 for employment benefits and support measures authorized by Part II;

  • (c) all amounts paid under paragraph 63(1)(a);

  • (d) the costs of administering this Act, including administration fees or costs paid under section 62 or paragraph 63(1)(b);

  • (d.1) the costs of administering sections 28.1 and 28.2 of the Department of Employment and Social Development Act; and

  • (e) and (f) [Repealed, 2012, c. 31, s. 439]

  • (g) the costs of administering Part 5 of the Department of Employment and Social Development Act in respect of appeals respecting this Act.

• Marginal note:Payment by special warrants

  (2) Notwithstanding the Financial Administration Act, amounts mentioned in paragraph (1)(a) shall be paid by special warrants drawn on the Receiver General and issued by the Commission by electronic means or bearing the printed signature of the Chairperson and Vice-Chairperson of the Commission, and amounts mentioned in paragraphs (1)(b) and (c) may be paid by the special warrants.

• Marginal note:No charge for negotiation

  (3) The special warrants are negotiable without charge at any financial institution in Canada.

Marginal note:Forecasts and estimates

• 77.1  On or before July 22 in a year,

  • (a) the Minister of Finance shall

    • (i) forecast the amount to be credited to the Employment Insurance Operating Account under sections 73 to 75 during the year,

    • (ii) forecast the amount to be charged, during the year, to that Account under subsection 77(1) based on, among other things, information provided by the Minister, and

    • (iii) estimate the total, at December 31 of the immediately preceding year, of the amounts credited to that Account; and

  • (b) the Minister shall estimate the total, at December 31 of the immediately preceding year, of the amounts charged to that Account.

• (2) to (6) [Repealed, 2012, c. 31, s. 440]

Marginal note:Maximum amount that may be paid under Part II

78 The total amount that may be paid out by the Commission under section 61 and paragraph 63(1)(a) and charged to the Employment Insurance Operating Account under this Part in a fiscal year must not exceed 0.8% of the insurable earnings of all insured persons from which the prescribed amount is deducted under subsection 82(1) in that year as or on account of employee’s premiums, as estimated by the Commission and set out in the Main Estimates tabled in Parliament.

Marginal note:Plan

79 The Minister shall, with the concurrence of the Minister of Finance,

• (a) submit to the Treasury Board for approval a plan for each fiscal year estimating the amounts to be paid for that year under Part II; and

• (b) have the plan included in the Main Estimates tabled in Parliament for the fiscal year.

80 [Repealed, 2010, c. 12, s. 2188]

Marginal note:Regulations — payment of interest

• 80.1 (1) The Commission may, with the approval of the Governor in Council, make regulations respecting the payment of interest on amounts owing to Her Majesty under this Act, other than Parts IV and VII, including regulations prescribing

  • (a) rates of interest, or the manner of calculating rates of interest, payable;

  • (b) terms and conditions for the imposition and payment of interest; and

  • (c) terms and conditions under which the Commission may waive, reduce or write off the interest payable.

• Marginal note:Debt due to Her Majesty

  (2) Interest payable under this section is a debt due to Her Majesty and may be recovered in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act, including the manner in which an amount owing under Part I may be recovered under subsection 47(2) or section 126.

• Marginal note:Limitation

  (3) No interest due under this section may be recovered more than 72 months after the day on which the liability to pay it arose.

• Marginal note:Exclusion of Financial Administration Act

  (4) Section 155.1 of the Financial Administration Act does not apply in relation to amounts owing to Her Majesty under this Act, other than Parts IV and VII.