Short Title

Marginal note:Short title

1 This Act may be cited as the Labour Adjustment Benefits Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  average weekly insurable earnings

  rémunération hebdomadaire assurable moyenne

  average weekly insurable earnings, in respect of an employee, means the weekly average of the employee’s insurable earnings, as determined under the Employment Insurance Act; (rémunération hebdomadaire assurable moyenne)

  Board

  Office

  Board means the Labour Adjustment Review Board established by section 6; (Office)

  board of referees

  conseil arbitral

  board of referees means a board of referees established under Part VI of the Employment Insurance Act; (conseil arbitral)

  Canadian establishment

  établissement canadien

  Canadian establishment means any establishment in Canada engaged in the production of goods or the provision of services; (établissement canadien)

  Commission

  Commission

  Commission means the Canada Employment Insurance Commission; (Commission)

  designated industry

  secteur d’activités désigné

  designated industry means an industry designated pursuant to section 3; (secteur d’activités désigné)

  effective date of lay-off

  date de mise à pied

  effective date of lay-off, in respect of an employee, means the date the employee was laid off as determined by the Board pursuant to subsection 11(3); (date de mise à pied)

  employee

  employé

  employee means any individual who has been employed at a Canadian establishment; (employé)

  industrial restructuring

  restructuration industrielle

  industrial restructuring includes technological change; (restructuration industrielle)

  labour adjustment benefits

  prestations d’adaptation

  labour adjustment benefits means the benefits payable under this Act; (prestations d’adaptation)

  lay-off

  mise à pied

  lay-off means the separation, for an indefinite period, of an employee from employment at a Canadian establishment solely as a result of a reduction in the number of employees at that establishment; (mise à pied)

  Minister

  ministre

  Minister means the Minister of Human Resources Development; (ministre)

  qualified employee

  employé admissible

  qualified employee means an employee who has been determined by the Commission pursuant to this Act to be qualified to receive labour adjustment benefits; (employé admissible)

  week

  semaine

  week means a period of seven consecutive days commencing on Sunday; (semaine)

  year

  année

  year means a calendar year. (année)

• Marginal note:Presumption

  (2) For the purposes of any provision of this Act in which reference is made to a person’s attaining sixty-five years of age, a person is deemed to have attained that age at the beginning of the calendar month following the calendar month in which he actually attains that age.

Designation of Industries

Marginal note:Designation of industries

• 3 (1) For the purposes of this Act, the Governor in Council may, by order, designate any industry either generally or with respect to any region of Canada.

• Marginal note:Criteria for general designation

  (2) An industry may be designated generally pursuant to subsection (1) if the Governor in Council is satisfied that

  • (a) the industry in Canada generally is undergoing significant economic adjustment of a non-cyclical nature by reason of import competition or by reason of industrial restructuring implemented pursuant to a policy or program of the Government of Canada to encourage such restructuring; and

  • (b) the economic adjustment referred to in paragraph (a) is resulting in a significant loss of employment in the industry in Canada generally.

• Marginal note:Criteria for regional designation

  (3) An industry may be designated with respect to any region of Canada pursuant to subsection (1) if the Governor in Council is satisfied that

  • (a) the industry in that region is undergoing significant economic adjustment of a non-cyclical nature; and

  • (b) the economic adjustment referred to in paragraph (a) is resulting in a severe economic disruption in that region and in a significant loss of employment in the industry in that region.

Marginal note:Term of general designation

• 4 (1) An order made under subsection 3(1) that designates an industry generally is in force for such period, not exceeding three years from the date the order is made, as is specified in the order unless, before the expiration of the period so specified, the Governor in Council makes a continuation order continuing the order in force for such period, not exceeding three years, as is specified in the continuation order.

• Marginal note:No further extension

  (2) Not more than one continuation order may be made under subsection (1) in respect of any one order made under subsection 3(1).

• Marginal note:Term of regional designation

  (3) An order made under subsection 3(1) that designates an industry with respect to a region in Canada is in force for one year from the date the order is made unless, before the expiration of that one year, the Governor in Council makes a continuation order continuing the order in force for such period, not exceeding six months, as is specified in the continuation order.

• Marginal note:Further extension

  (4) Where the Governor in Council has made a continuation order under subsection (3) continuing an order in force, he may, before the expiration of the period for which the order is so continued, make one further continuation order continuing the order in force for such further period, not exceeding six months, as is specified in the further continuation order.

• Marginal note:Entitlement continued

  (5) The revocation or expiration of an order made under this section or section 3 does not affect the entitlement, after the revocation or expiration, of any person laid off while the order was in force to make an application under section 11 or 13 in relation to the order or to receive labour adjustment benefits by virtue of the order.

Marginal note:Retroactive application

• 5 (1) Subject to subsection (2), the Governor in Council may, in any order made under section 3 or 4, declare

  • (a) that the designation of the industry in the order is retroactive in effect and applies as of such day, before the date of the order, as is specified in the order; and

  • (b) that this Act applies in respect of lay-offs from a Canadian establishment in the industry designated in the order occurring on or after the day specified pursuant to paragraph (a).

• Marginal note:Limitation

  (2) The Governor in Council may not specify pursuant to paragraph (1)(a) a day that is earlier than May 1, 1978.

Labour Adjustment Review Board

Marginal note:Board established

• 6 (1) There is hereby established a board, to be known as the Labour Adjustment Review Board, consisting of not more than five members.

• Marginal note:Appointment and tenure of members

  (2) Each member of the Board shall be appointed by the Minister to hold office during pleasure.

• Marginal note:Representatives

  (3) One member of the Board shall be appointed after consultation with such organizations representative of employees as the Minister deems appropriate and shall be a representative of employees and another member of the Board shall be appointed after consultation with such organizations representative of employers as the Minister deems appropriate and shall be a representative of employers.

• Marginal note:Temporary substitute members

  (4) If any member of the Board is absent or unable to act, the Minister may appoint a person to act as a member for the time being, but no person so appointed has authority to act as a member for a period exceeding ninety days without the approval of the Minister.

• Marginal note:Idem

  (5) A member appointed pursuant to subsection (4) holds office during pleasure and may exercise all the powers and carry out all the duties and functions of a member of the Board.

• Marginal note:Remuneration and expenses

  (6) The members of the Board who are not employed in the federal public administration are entitled to be paid for their services in connection with the work of the Board such remuneration and expenses as are authorized by the Governor in Council.

Marginal note:Chairman and Vice-Chairman

• 7 (1) The Minister shall designate one member of the Board to be Chairman of the Board and another member to be Vice-Chairman of the Board.

• Marginal note:Absence or incapacity of Chairman

  (2) If the Chairman of the Board is absent or unable to act or if that office is vacant, the Vice-Chairman of the Board may exercise all the powers and carry out all the duties and functions of the Chairman.

• Marginal note:Chief executive officer

  (3) The Chairman of the Board is the chief executive officer of the Board and has supervision over and direction of the work and staff of the Board and shall preside at meetings of the Board.

Marginal note:Head Office

• 8 (1) The head office of the Board shall be at such place in Canada as the Governor in Council may, by order, designate.

• Marginal note:Sittings

  (2) The Board may sit at such time and at such place in Canada as it considers necessary or desirable for the proper conduct of its business.

• Marginal note:Rules

  (3) The Board may make rules respecting

  • (a) the sittings of the Board;

  • (b) the manner of dealing with matters and business before the Board; and

  • (c) the exercise of the powers and performance of the duties and functions of the Board generally.

• Marginal note:Staff

  (4) The Minister may, on request of the Board, provide the Board with such professional, technical, secretarial, clerical and other assistance as is necessary for the proper conduct of the business of the Board.

Marginal note:Powers and duties

9 The Board shall exercise such powers and perform such duties and functions as are conferred or imposed on it by, or as may be incidental to the attainment of the objects of, this Act.

Entitlement to Labour Adjustment Benefits

Marginal note:Entitlement to benefits

10 Labour adjustment benefits are payable as provided in this Act to any qualified employee.

Certification by Board

Marginal note:Application for certification

• 11 (1) Any employee who has been laid off may apply, directly or through an employer, trade union or any person, to the Board for certification that he is eligible to apply to the Commission for labour adjustment benefits.

• Marginal note:Form and content of application

  (2) An application under subsection (1) shall be submitted in such form and manner as the Board may direct and shall set out the name of the employee in respect of whom the application is being made and such other information as the Board may require.

• Marginal note:Investigation

  (3) On receipt of an application under subsection (1), the Board shall carry out such investigation as it considers necessary for the purpose of determining the eligibility of the employee named in the application to apply to the Commission for labour adjustment benefits and for that purpose the Board shall determine the date the employee was laid off.

• Marginal note:Decision on application

  (4) On completion of its investigation under subsection (3), the Board shall determine whether or not the employee is eligible to apply to the Commission for labour adjustment benefits and shall notify the applicant in writing of its decision.

• Marginal note:Certification

  (5) Where the Board determines pursuant to subsection (4) that an employee is eligible to apply to the Commission for labour adjustment benefits, it shall so certify in writing to the Commission.

• Marginal note:Content of certification

  (6) Certification under subsection (5) shall be submitted in such form and manner as the Commission may direct and shall set out the name of the employee certified, his effective date of lay-off and such other information respecting the lay-off of the employee as the Commission may require.

Marginal note:Requirements for certification

12 The Board may certify that an employee named in an application under section 11 is eligible to apply to the Commission for labour adjustment benefits if

• (a) he was laid off;

• (b) the Canadian establishment from which he was laid off was, at the time of his lay-off, part of a designated industry;

• (c) the number of employees at the Canadian establishment referred to in paragraph (b) was reduced as a result of lay-offs, in any twelve month period including the employee’s effective date of lay-off, by at least ten per cent or fifty employees, whichever is the lesser; and

• (d) his lay-off resulted from the economic adjustment referred to in subsection 3(2) or (3), as the case may be.

Application to Commission

Marginal note:Eligible applicants

• 13 (1) An employee who has been certified under section 11 may apply to the Commission for labour adjustment benefits.

• Marginal note:Form and content of application

  (2) An application under subsection (1) shall be submitted in such form and manner as the Commission may direct and shall set out such information as the Commission may require.

• Marginal note:Attendance

  (3) For the purposes of this section, the Commission may require an applicant to attend at a suitable time and place in order to make an application in person or to provide information required under subsection (2).

• Marginal note:Investigation

  (4) On receipt of an application under subsection (1), the Commission shall carry out such investigation as it considers necessary for the purpose of determining whether or not the applicant is qualified to receive labour adjustment benefits.

• Marginal note:Decision on application

  (5) Subject to subsection (6), on completion of its investigation under subsection (4), the Commission shall determine whether or not the applicant is qualified to receive labour adjustment benefits and shall notify him in writing of its decision.

• Marginal note:Reference to board of referees

  (6) The Commission may at any time within fourteen days after receiving an application under subsection (1) refer the application or a question arising therefrom to a board of referees for a decision thereon.

• Marginal note:Proceedings before board of referees

  (7) Where an application or question is referred to a board of referees pursuant to subsection (6), the board shall conduct its proceedings in respect of that application or question in accordance with the Employment Insurance Act, and its decision may be appealed, rescinded or amended in like manner and subject to the like conditions as any decision of a board of referees under that Act.

• Marginal note:Failure to comply with requirements

  (8) Notwithstanding any other provision of this Act, an applicant who fails to comply with a requirement under subsection (2) or (3) that has not been waived under subsection (9) is not qualified to receive labour adjustment benefits as long as such failure to comply continues.

• Marginal note:Waiver or variation of requirement

  (9) The Commission may waive or vary any requirement under subsection (2) or (3) if in its opinion the circumstances warrant such waiver or variation for the benefit of the applicant in a particular case or class or group of cases.

Qualification for Benefits

Marginal note:Qualifications for benefits

• 14 (1) The Commission may determine that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits if

  • (a) the employee is a Canadian citizen resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) he has had at least ten years of employment in the relevant designated industry in the fifteen years immediately preceding his effective date of lay-off;

  • (c) he was, on his effective date of lay-off, not less than fifty-four years of age but under sixty-five years of age;

  • (d) the employee has claimed and exhausted all benefits under Part I of the Employment Insurance Act to which the employee was entitled subsequent to his or her lay-off;

  • (e) he has not attained sixty-five years of age; and

  • (f) he has no present prospect of employment, whether with or without training or relocation assistance, or has accepted employment with earnings that are less than his average weekly insurable earnings.

• Marginal note:Idem

  (2) Notwithstanding subsection (1), where the Commission is of the opinion that an employee certified under section 11 who would be qualified under subsection (1) to receive labour adjustment benefits but for the requirements set out in paragraphs (1)(b) and (c) or either paragraph will suffer severe financial hardship unless he receives those benefits, the Commission may determine that the employee is qualified to receive labour adjustment benefits if

  • (a) he meets the requirements set out in paragraphs (1)(a), (d), (e) and (f);

  • (b) the aggregate of

    • (i) his age on his effective date of lay-off, and

    • (ii) his years of employment in the relevant designated industry preceding his effective date of lay-off

    equals eighty or more; and

  • (c) he was, on his effective date of lay-off, under sixty-five years of age.

• Marginal note:Idem

  (3) Notwithstanding subsection (1), where an employee certified under section 11 would be qualified under subsection (1) to receive labour adjustment benefits but for the requirement set out in paragraph (1)(b), the Commission may determine that the employee is qualified to receive labour adjustment benefits if he shows that he is in substantial compliance with the requirement and that he does not meet such requirement by reason only of illness, disability, lay-off or any other good cause whatever.

• Marginal note:Definitions

  (4) In this section,

  relevant designated industry

  relevant designated industry, in respect of an employee, means the designated industry that included, at the time of his lay-off, the Canadian establishment from which the employee was laid off; (secteur d’activités désigné en question)

  year of employment

  year of employment, in respect of an employee, means a year in which the employee was paid for at least one thousand hours of employment. (année d’emploi)

Marginal note:Employment in other designated industries

15 Where the Canadian establishment from which an employee was laid off was, at the time of his lay-off, part of an industry designated generally pursuant to section 3, the Commission shall, in applying paragraph 14(1)(b) or 14(2)(b) in respect of the employee, take into account as employment in that industry any period of employment of that employee preceding his effective date of lay-off in any other industry so designated, whether or not the designation was in force on that date.

Marginal note:Semi-annual review

• 16 (1) The Commission shall at least once every six months review the circumstances of every qualified employee to determine if he continues to meet the requirement set out in paragraph 14(1)(f) and, if the Commission determines he does not meet that requirement, it shall notify him in writing of its decision.

• Marginal note:Attendance

  (2) For the purposes of subsection (1), the Commission may require a qualified employee to attend at a suitable time and place in order to provide such information as the Commission may require to conduct its review.

• Marginal note:Failure to comply with requirements

  (3) Notwithstanding any other provision of this Act, a qualified employee who fails to comply with a requirement to attend under subsection (2) that has not been waived under subsection (4) is not qualified to receive labour adjustment benefits as long as the failure to comply continues.

• Marginal note:Waiver or variation of requirement

  (4) The Commission may waive or vary any requirement to attend under subsection (2) if in its opinion the circumstances warrant the waiver or variation for the benefit of the qualified employee.

• Marginal note:Revocation of decision

  (5) Where the Commission has notified a qualified employee of its decision pursuant to subsection (1) and, on a subsequent review under that subsection, determines that the employee then meets the requirement, the Commission shall revoke its prior decision and notify him in writing of its decision.

Labour Adjustment Benefits

Marginal note:Calculation and payment of benefits

• 17 (1) Where the Commission determines that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits, the Commission shall, in accordance with this Act, calculate the amount of the benefits on a weekly basis in arrears and pay the benefits to the qualified employee every two weeks in arrears.

• Marginal note:Commencement of benefits

  (2) Labour adjustment benefits are payable to a qualified employee commencing on the later of

  • (a) the week immediately following the week the employee’s benefits under Part I of the Employment Insurance Act subsequent to his or her lay-off are exhausted, and

  • (b) the week during which he applies to the Commission under section 13 for labour adjustment benefits.

• Marginal note:Additional benefits

  (3) Where a qualified employee was certified by the Board pursuant to section 11 after the week his or her benefits under Part I of the Employment Insurance Act subsequent to the lay-off were exhausted, in addition to the labour adjustment benefits otherwise payable to the employee under this Act, labour adjustment benefits are payable from the later of

  • (a) that week, and

  • (b) the week during which he applied to the Board for certification

  to the week during which he was so certified.

• Marginal note:Lump sum payment

  (4) Notwithstanding subsection (1), the amount of any labour adjustment benefits payable to a qualified employee for a period prior to the first two week period for which payment is made to him in accordance with that subsection shall be paid in one sum.

Marginal note:Suspension of benefits

• 18 (1) Labour adjustment benefits are not payable to a qualified employee notified of a decision pursuant to subsection 16(1) from the week during which the notice is sent to the qualified employee to the week during which any subsequent notice of decision pursuant to subsection 16(5) to revoke that decision is sent to the qualified employee.

• Marginal note:Termination of benefits

  (2) Labour adjustment benefits are not payable to a qualified employee after the week during which he attains sixty-five years of age.

• Marginal note:Idem

  (3) Labour adjustment benefits shall cease with the payment for the week in which the qualified employee dies.

Marginal note:Initial amount of benefit

• 19 (1) The initial amount of labour adjustment benefit payable to a qualified employee is a weekly amount equal to sixty per cent of his average weekly insurable earnings, which amount shall be rounded to the nearest cent or, if the amount is equidistant from two cents, to the greater thereof.

• Marginal note:Work sharing agreements

  (2) For the purposes of this Act, the weekly insurable earnings of a qualified employee for any week of employment under a work sharing agreement approved pursuant to section 24 of the Employment Insurance Act is the lesser of

  • (a) the total amount the employee would have earned for that week if he had worked a full working week for the employer he worked for under the agreement, and

  • (b) the maximum weekly insurable earnings, as determined pursuant to that Act, for that week.

Marginal note:Annual adjustment

• 20 (1) The weekly amount of labour adjustment benefit payable to a qualified employee shall be adjusted each year so that the amount of the benefit payable to the employee for a week in any year following the year in which his effective date of lay-off falls is equal to the amount obtained

  • (a) by multiplying

    • (i) the initial amount of the benefit as determined pursuant to subsection 19(1)

    by

    • (ii) the ratio, rounded to the nearest one-thousandth or, where the ratio is equidistant from two one-thousandths, to the greater thereof, that the Pension Index for that following year bears to the Pension Index for the year in which the effective date of lay-off occurs; and

  • (b) by rounding the product obtained under paragraph (a) to the nearest cent or, if the product is equidistant from two cents, to the greater thereof.

• Marginal note:Pension Index

  (2) In this section, the Pension Index for any year means the Pension Index for that year calculated in accordance with section 43 of the Canada Pension Plan.

Marginal note:Deductions

• 21 (1) There shall be deducted from the weekly amount of labour adjustment benefit payable to a qualified employee an amount equal to

  • (a) sixty cents for each dollar that is received by the employee as

    • (i) vacation pay, severance pay, salary, wages or other remuneration, including gratuities but excluding any worker compensation benefits or other disability payments, in respect of any office or employ- ment continued or commenced after the commencement of such benefit, or

    • (ii) income from any business carried on by him, either alone or with others, that is continued or commenced after the commencement of such benefit,

    and that is allocated to that week in accordance with the regulations; and

  • (b) one dollar for each dollar that is received by the employee as

    • (i) benefits under an employer pension plan earned by the employee as a result of any office or employment,

    • (ii) a retirement pension under the Canada Pension Plan or a provincial pension plan,

    • (iii) benefits under Part I of the Employment Insurance Act,

    • (iv) [Repealed, 1996, c. 23, s. 181]

    • (v) vacation pay, severance pay, salary, wages or other remuneration, including gratuities but excluding any worker compensation benefits or other disability payments, in respect of any office or employment terminated prior to the commencement of such benefit, or

    • (vi) income from any business carried on by him, either alone or with others, that is terminated prior to the commencement of such benefit,

    and that is allocated to that week in accordance with the regulations.

• Marginal note:Definitions

  (2) In subsection (1),

  business

  business includes a profession, calling, trade, manufacture or undertaking of any kind and an adventure or concern in the nature of trade, but does not include an office or employment; (entreprise)

  employment

  employment means the position of an individual in the service of some other person, including Her Majesty or a foreign state or sovereign; (emploi)

  office

  office means the position of an individual entitling him to a fixed or ascertainable stipend or remuneration and includes any office the incumbent of which is elected by popular vote or is elected or appointed in a representative capacity and also includes the position of a corporation director. (charge)

Marginal note:Deemed benefit

• 22 (1) Where a qualified employee to whom labour adjustment benefits are payable has, after his effective date of lay-off and before the commencement of those benefits, received a lump sum payment, under or in respect of an employer pension plan, earned by the employee as a result of an office or employment in the Canadian establishment from which he was laid off, the payment is deemed to be a benefit referred to in subparagraph 21(1)(b)(i).

• Marginal note:Report of earnings

  (2) A qualified employee to whom labour adjustment benefits are being paid shall submit to the Commission a report, in such form and manner and at such times as the Commission may direct, setting out the amounts received by the employee in the period to which the report relates as remuneration, income, benefits, pension or allowance described in paragraph 21(1)(a) or (b) and such other information as the Commission may require.

• Marginal note:Failure to comply

  (3) Notwithstanding any other provision of this Act, a qualified employee who fails to comply with a requirement under subsection (2) that has not been waived under subsection (4) is not qualified to receive labour adjustment benefits as long as the failure to comply continues.

• Marginal note:Waiver or variation of requirement

  (4) The Commission may waive or vary any requirement under subsection (2) if in its opinion the circumstances warrant the waiver or variation for the benefit of a qualified employee in a particular case or class or group of cases.

Marginal note:Benefits not assignable

23 Labour adjustment benefits are not capable of being assigned, charged, attached, anticipated or given as security and, subject to subsections 22(1) and 26(1), any transaction purporting to assign, charge, attach, anticipate or give as security any of those benefits is void.

Administration and Enforcement

Marginal note:False or misleading statements

• 24 (1) Where the Board becomes aware of facts establishing, in its opinion, that a person, in relation to an application under section 11, has made a statement or representation that he knew to be false or misleading or has participated or acquiesced in the making of such a statement or representation, the Board may revoke the certification of any employee named in the application.

• Marginal note:Notification of intention

  (2) Before the Board revokes the certification of an employee pursuant to subsection (1), it shall notify the employee in writing of its intention to do so.

• Marginal note:Right to make written representations

  (3) An employee who is notified pursuant to subsection (2) may within thirty days after the date of the notice, or within such further time as the Board may allow, make representations in writing to the Board with respect to the proposed revocation of his certification.

• Marginal note:Notification of decision

  (4) Where the Board revokes the certification of an employee pursuant to subsection (1), it shall notify the employee and the Commission in writing of the revocation.

• Marginal note:Limitation

  (5) Notwithstanding any other provision of this Act, a qualified employee whose certification is revoked pursuant to subsection (1) is not qualified at any time before or after the revocation to receive labour adjustment benefits by virtue of the revoked certification.

• Marginal note:Idem

  (6) No certification shall be revoked pursuant to subsection (1) more than seventy-two months after the date on which the false or misleading statement was made.

• Marginal note:Recertification not precluded

  (7) Nothing in this section shall be construed as preventing an employee whose certification is revoked pursuant to subsection (1) from re-applying to, and being certified by, the Board under section 11.

Marginal note:Reconsideration in respect of amounts repayable

• 25 (1) Subject to subsection (5), the Commission may, at any time within twelve months after labour adjustment benefits have been paid to a person, reconsider

  • (a) any application he made under section 13,

  • (b) any information he provided in the course of a review under subsection 16(1), or

  • (c) any report he submitted under subsection 22(2)

  and, if the Commission decides that the person has received, in consequence of that application, information or report, labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, the Commission shall calculate the amount of such benefits or excess and shall notify the person in writing of its decision.

• Marginal note:Reconsideration in respect of amounts payable

  (2) The Commission may, at any time within thirty-six months after labour adjustment benefits would have been payable to a person, reconsider

  • (a) any application he made under section 13,

  • (b) any information he provided in the course of a review under subsection 16(1), or

  • (c) any report he submitted under subsection 22(2)

  and, if the Commission decides that the person has not received labour adjustment benefits for which he was qualified or has received less than the benefits payable to him, the Commission shall calculate the amount of such benefits or deficiency and shall notify the person in writing of its decision.

• Marginal note:Amount repayable

  (3) If the Commission decides that a person has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, the amount of such benefits or excess as calculated pursuant to subsection (1) is an amount repayable under section 26 and, for the purposes of subsection 26(2), the date of the notice of the decision is the date on which liability arises.

• Marginal note:Amount payable

  (4) If the Commission decides that a person has not received labour adjustment benefits for which he was qualified or has received less than the benefits payable to him, the amount of such benefits or deficiency as calculated pursuant to subsection (2) is the amount payable to that person.

• Marginal note:Extension

  (5) Where, in the opinion of the Commission, a false or misleading statement or representation has been made in connection with any application, information or report referred to in subsection (1), the Commission may, at any time within seventy-two months after labour adjustment benefits have been paid to a person, reconsider the application, information or report under that subsection.

Marginal note:Liability for overpayments

• 26 (1) Where a person has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, he is liable to repay an amount equal to the amount of those benefits or excess, as the case may be, and that amount is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided by the Employment Insurance Act in respect of the recovery of amounts paid as benefits under that Act.

• Marginal note:Limitation

  (2) No amount due as a debt under subsection (1) may be recovered more than seventy-two months after the date on which the liability arose.

Marginal note:Return of overpayments

27 A person who has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him shall forthwith return to the Commission the amount of such benefits or excess, as the case may be.

Marginal note:Powers of officers of Board

• 28 (1) An officer of the Board authorized pursuant to subsection (4) may at any reasonable time enter any premises or place, other than a private dwelling or any part of any premises or place that is designed to be used and is being used as a permanent or temporary private dwelling, where he believes on reasonable grounds any employee was employed and may make such examination and inquiry as may be necessary to determine whether or not the employee is eligible to apply to the Commission for labour adjustment benefits.

• Marginal note:Powers of employees of Department of Human Resources Development

  (2) An employee of the Department of Human Resources Development authorized pursuant to subsection (5) may at any reasonable time enter any premises or place, other than a private dwelling or any part of any premises or place that is designed to be used and is being used as a permanent or temporary private dwelling, where he or she believes on reasonable grounds any employee was employed and may make such examination and inquiry as may be necessary to determine whether or not the employee is qualified to receive labour adjustment benefits.

• Marginal note:Information

  (3) The following persons, namely,

  • (a) any person who is occupying any premises or place described in subsection (1) or (2), every person found therein and the servants or agents of the occupier,

  • (b) any person who can reasonably be considered to be or have been an employer of an employee, the servants and agents of that person and the trustees in bankruptcy, administrators or liquidators concerned with that person’s estate, and

  • (c) any person who has been employed by, or has acted as agent for, any person described in paragraph (a) or (b)

  shall forthwith on being requested by an officer referred to in subsection (1) or (2), whether orally or in writing, produce to the officer or any person designated by the officer all such documents or other information relating to the administration of this Act as the officer requests.

• Marginal note:Authorization by Minister

  (4) The Minister, on the request of the Board, may, in writing, authorize any officer of the Board to exercise the powers conferred by subsection (1) in respect of any particular employee or employees named or described in the authorization and to administer or receive any oath, solemn affirmation or statutory declaration required to be given pursuant to this section in respect thereof, and, on entering any premises or place referred to in that subsection, the officer shall, if so requested, produce the authorization to the person in charge of the premises or place.

• Marginal note:Authorization by Minister

  (5) The Minister, on the request of the Commission, may, in writing, authorize any employee of the Department of Human Resources Development to exercise the powers conferred by subsection (2) in respect of any particular employee or employees named or described in the authorization and to administer or receive any oath, solemn affirmation or statutory declaration required to be given pursuant to this section in respect thereof, and, on entering any premises or place referred to in that subsection, the employee shall, if so requested, produce the authorization to the person in charge of the premises or place.

• Marginal note:Powers of Commissioner

  (6) Every officer authorized to receive or administer any oath, solemn affirmation or statutory declaration pursuant to subsection (4) or (5) has for those purposes all the powers of a commissioner for administering oaths or affidavits.

Marginal note:Application of sections 125 and 134 of the Employment Insurance Act

• 29 (1) Sections 125 and 134 of the Employment Insurance Act apply, with such modifications as the circumstances require, in respect of any prosecution or other proceeding under this Act as though it were a prosecution or other proceeding under that Act.

• Marginal note:Application of subsections 126(14) to (22) of the Employment Insurance Act

  (2) Subsections 126(14) to (22) of the Employment Insurance Act apply, with such modifications as the circumstances require, in respect of the administration and enforcement of this Act.

General

Marginal note:Consultation

30 The Commission may consult with the Board either generally or with respect to any particular application under this Act.

Marginal note:Board’s decision final

• 31 (1) A decision of the Board under this Act is final and binding and is not subject to appeal to or review by any court except the Federal Court in accordance with the Federal Courts Act.

• Marginal note:Appeal of Commission decision

  (2) Any person may, at any time within thirty days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to him, or within such further time as the Commission may in any particular case for special reason allow, appeal to a board of referees.

• Marginal note:Proceedings before board of referees

  (3) Where an appeal is taken to a board of referees pursuant to subsection (2), the board shall conduct its proceedings in respect of that appeal in accordance with the Employment Insurance Act, and its decision may be appealed, rescinded or amended in like manner and subject to the like conditions as any decision of a board of referees under that Act.

• Marginal note:Amendment of decision

  (4) Notwithstanding subsection (1), the Board or the Commission may rescind or amend any decision it takes under this Act on the presentation of new facts or on being satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact.

Marginal note:Confidential information

• 32 (1) All written or oral information that is obtained by the Board or the Commission in the course of carrying out its duties under this Act is privileged and shall be made available only to persons engaged in the administration or enforcement of this Act and neither the Board, the Commission, the Minister nor any such person is compellable to give evidence relating to that information or to produce any document containing that information.

• Marginal note:Application

  (2) Subsection (1) does not apply in respect of proceedings before any court of law relating to the administration and enforcement of this Act.

Marginal note:Regulations

33 The Governor in Council may make regulations

• (a) providing for the ratification of the payment, as labour adjustment benefits, of amounts to persons not qualified to receive those benefits or to persons in excess of the benefits payable to them and for the writing-off of those amounts and amounts owing under section 26 and any costs recovered against those persons;

• (b) providing for the allocation of remuneration or income for the purposes of paragraph 21(1)(a) and the allocation of benefits, pension, allowance, remuneration or income for the purposes of paragraph 21(1)(b); and

• (c) generally for carrying the purposes and provisions of this Act into effect.

Marginal note:Offences

34 Every person who

• (a) in relation to an application under section 11 or 13, a review under subsection 16(1) or a report under subsection 22(2), makes, or participates or acquiesces in the making of, a statement or representation that he knows to be false or misleading,

• (b) being the payee thereof, negotiates any cheque for labour adjustment benefits for which he is not qualified, or

• (c) contravenes or fails to comply with any provision of this Act or the regulations,

is guilty of an offence punishable on summary conviction and is liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.

Marginal note:Payment out of C.R.F.

35 Labour adjustment benefits shall be paid out of the Consolidated Revenue Fund.

Marginal note:Quarterly reports

• 36 (1) The Minister shall, as soon as possible after March 31, June 30, September 30 and December 31 each year, prepare a report on the administration of this Act during the preceding three months including a statement showing the number, during the three months, of applications under sections 11 and 13 and of persons to whom labour adjustment benefits were paid and the Minister shall cause the report to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the day he completes it.

• Marginal note:Information

  (2) The Board and the Commission shall, on the request of the Minister, provide the Minister with such information on the administration of this Act as he may require to prepare his report under subsection (1).