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

Act current to 2019-03-27 and last amended on 2019-03-17. Previous Versions

PART IIEmployment Benefits and National Employment Service (continued)

Marginal note:Agreements for administering employment benefits and support measures

 The Commission may, with the approval of the Minister, enter into an agreement or arrangement for the administration of employment benefits or support measures on its behalf by a department, board or agency of the Government of Canada, another government or government agency in Canada or any other public or private organization.

Marginal note:Agreements for paying costs of similar benefits and measures

  •  (1) The Commission may, with the approval of the Minister, enter into an agreement with a government or government agency in Canada or any other public or private organization to provide for the payment of contributions for all or a portion of

    • (a) any costs of benefits or measures provided by the government, government agency or organization that are similar to employment benefits or support measures under this Part and are consistent with the purpose and guidelines of this Part; and

    • (b) any administration costs that the government, government agency or organization incurs in providing the benefits or measures.

  • (2) [Repealed, 2017, c. 20, s. 308]

  • 1996, c. 23, s. 63;
  • 2015, c. 36, s. 154;
  • 2016, c. 7, s. 217;
  • 2017, c. 20, s. 308.

 [Repealed, 2017, c. 20, s. 309]

Marginal note:No appeal

 A decision of the Commission made in relation to employment benefits or support measures, other than a decision under section 65.1, is not subject to review under section 112.

  • 1996, c. 23, s. 64;
  • 2012, c. 19, s. 244.

Marginal note:Liability for repayments

 A person is liable to repay the following amounts paid under section 61:

  • (a) principal and interest on a loan to the person;

  • (b) an amount paid on a guarantee or suretyship of a loan made to the person; and

  • (c) an amount paid to the person to which the person is not entitled.

  • 1996, c. 23, s. 65;
  • 2001, c. 4, s. 76(E).

Marginal note:Penalties

  •  (1) The Commission may impose on a person to whom financial assistance has been provided under section 61 a penalty for each of the following acts or omissions if the Commission becomes aware of facts that in its opinion establish that the person has

    • (a) in relation to an application or request for the assistance,

      • (i) made a representation that the person knew was false or misleading, or

      • (ii) made a declaration that the person knew was false or misleading because of the non-disclosure of facts; or

    • (b) without good cause failed to attend, carry out or complete the course, program or activity for which the assistance was provided or was expelled from it.

  • Marginal note:Maximum penalty

    (2) The Commission may set the amount of the penalty for each act or omission at not more than the amount of the financial assistance that was provided.

  • Marginal note:Limitation on imposition of penalties

    (3) The penalty shall not be imposed if

    • (a) a prosecution for the act or omission has been initiated against the person; or

    • (b) 36 months have passed since the day on which the act or omission occurred.

  • Marginal note:Rescission, etc., of penalty

    (4) The Commission may rescind the imposition of the penalty, or reduce the penalty, on the presentation of new facts or on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.

  • 1996, c. 23, s. 65.1;
  • 1999, c. 31, s. 78(F).

Marginal note:Debts due to the Crown

  •  (1) Amounts repayable under section 65 and penalties under section 65.1 are debts due to Her Majesty and are recoverable in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

  • Marginal note:Recovery by deduction

    (2) If an amount becomes payable to the person under section 61, the amount of their indebtedness to Her Majesty may be recovered out of the amount payable.

  • Marginal note:Limitation

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

PART IIIPremiums and Other Financial Matters

Interpretation

Definition of actuary

 In this Part, actuary means the Fellow of the Canadian Institute of Actuaries whose services are engaged by the Commission under subsection 28(4) of the Department of Employment and Social Development Act.

  • 2008, c. 28, s. 125;
  • 2012, c. 31, s. 434;
  • 2013, c. 40, s. 236.

Premiums

 [Repealed, 2008, c. 28, s. 126]

Marginal note:Annual premium rate setting

  •  (1) Subject to subsection (7) and section 66.32, the Commission shall set the premium rate for each year in order to generate just enough premium revenue to ensure that, at the end of the seven-year period that commences at the beginning of that year, the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date.

  • (1.1) and (1.2) [Repealed, 2013, c. 40, s. 126]

  • Marginal note:Factors

    (2) The Commission shall set the premium rate based on

    • (a) the information provided under sections 66.1 and 66.2;

    • (b) the actuary’s report provided under section 66.3 for that year;

    • (c) [Repealed, 2012, c. 19, s. 609]

    • (d) any regulations made under section 69;

    • (e) any changes, announced by the Minister on or before July 22 in a year, to payments to be made under paragraph 77(1)(a), (b) or (c) during the following year; and

    • (f) any other information that the Commission considers relevant.

  • (3) [No subsection (3)]

  • (4) to (6) [Repealed, 2012, c. 19, s. 609]

  • Marginal note:Difference year to year

    (7) The premium rate may not be increased or decreased by more than five one-hundredths of one per cent (0.05%) from one year to the next.

  • (7.1) [Repealed, 2013, c. 40, s. 126]

  • Marginal note:Governor in Council — maximum change in premium rate

    (8) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may change the maximum percentage referred to in subsection (7) by which the premium rate may be increased or decreased from one year to the next, if the Governor in Council considers it to be in the public interest.

  • Marginal note:Time limit

    (9) On or before September 14 in a year, the Commission shall set the premium rate for the following year.

  • 1996, c. 23, s. 66;
  • 2005, c. 30, s. 126;
  • 2008, c. 28, s. 127;
  • 2009, c. 2, ss. 222, 230;
  • 2010, c. 12, s. 2204;
  • 2012, c. 19, s. 609, c. 31, s. 435;
  • 2013, c. 40, s. 126.

Marginal note:Information provided

  •  (1) The Minister shall, on or before July 22 in a year, provide the actuary and the Commission with the following information:

    • (a) if the Minister has made an announcement referred to in paragraph 66(2)(e), the forecast change in the amount of the payments to be made during each of the following seven years under paragraph 77(1)(a), (b) or (c), as the case may be;

    • (b) the forecast costs to be paid under paragraphs 77(1)(d), (d.1) and (g) during each of the following seven years, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);

    • (c) the total of the amounts charged to the Employment Insurance Operating Account as of the last day of the most recent month for which that total is known by the Minister; and

    • (d) any prescribed information.

  • Marginal note:Regulations

    (2) On the recommendation of the Minister, the Governor in Council may make regulations prescribing information referred to in paragraph (1)(d).

  • 2001, c. 5, s. 9;
  • 2005, c. 30, s. 126;
  • 2008, c. 28, s. 127;
  • 2010, c. 12, s. 2204;
  • 2012, c. 19, s. 610, c. 31, ss. 436, 462;
  • 2013, c. 40, s. 127.
 
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