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Labour Adjustment Benefits Act (R.S.C., 1985, c. L-1)

Act current to 2022-07-25 and last amended on 2013-12-12. Previous Versions

Administration and Enforcement (continued)

Marginal note:Reconsideration in respect of amounts repayable

  •  (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.

  • 1980-81-82-83, c. 89, s. 20

Marginal note:Liability for overpayments

  •  (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.

  • R.S., 1985, c. L-1, s. 26
  • 1996, c. 23, s. 187

Marginal note:Return of overpayments

 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.

  • 1980-81-82-83, c. 89, s. 22

Marginal note:Powers of officers of Board

  •  (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 Employment and Social Development

    (2) An employee of the Department of Employment and Social 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 Employment and Social 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.

  • R.S., 1985, c. L-1, s. 28
  • 1996, c. 11, s. 64
  • 2005, c. 34, s. 79
  • 2013, c. 40, s. 237

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

  •  (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.

  • R.S., 1985, c. L-1, s. 29
  • 1992, c. 1, s. 92
  • 1996, c. 23, s. 182

General

Marginal note:Consultation

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

  • 1980-81-82-83, c. 89, s. 25

Marginal note:Board’s decision final

  •  (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 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to him or her, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Social Security Tribunal.

  • (3) [Repealed, 2012, c. 19, s. 275]

  • 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.

  • R.S., 1985, c. L-1, s. 31
  • 1996, c. 23, s. 187
  • 2002, c. 8, s. 182
  • 2012, c. 19, s. 275

Marginal note:Confidential information

  •  (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.

  • 1980-81-82-83, c. 89, s. 27

Marginal note:Regulations

 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.

  • 1980-81-82-83, c. 89, s. 28, c. 169, s. 10

Marginal note:Offences

 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.

  • 1980-81-82-83, c. 89, s. 29

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

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

  • 1980-81-82-83, c. 169, s. 11

Marginal note:Quarterly reports

  •  (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).

  • 1980-81-82-83, c. 89, s. 30
 
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