R.S., c. W-8

Western Grain Transportation Act

1993, c. 13, s. 16

16. Subsection 55(5) of the Western Grain Transportation Act is replaced by the following:

Government commitment for 1993-94 crop year

(5) For the purposes of applying the definition ``government commitment'' in subsection (1) in respect of the crop year beginning on August 1, 1993, the aggregate of the items referred to in paragraphs (a) and (b) of that definition shall be deemed to be ninety per cent of the aggregate as otherwise determined.

Government commitment for subsequent crop years

(6) For the purposes of applying the definition ``government commitment'' in subsection (1) in respect of each crop year beginning on or after August 1, 1994, the aggregate of the items referred to in paragraphs (a) and (b) of that definition shall be deemed to be eighty-five per cent of the aggregate as otherwise determined.

Order re rate scale for 1994-95 crop year

(7) Notwithstanding any provision of this Act or of any other Act of Parliament other than subsection 27(2) of the National Transportation Act, 1987, and notwithstanding any previous order made under section 35, the Commission shall, in accordance with that section and sections 36 and 37 and not later than fifteen days after the coming into force of subsection (6), by order, vary the order prescribing the annual rate scale for the crop year beginning on August 1, 1994, and notwithstanding any tariff filed and published pursuant to section 43, every railway company shall file and publish the new tariff in respect of the crop year beginning on August 1, 1994 in accordance with section 43 not later than fifteen days after the varying order is made.

1993, c. 13, s. 17

17. Section 63.1 of the Act is replaced by the following:

Shipper share limitation adjustment for 1993, 1994, 1995 and 1996

63.1 For the purposes of this Act, the shipper share limitation adjustment, in respect of the 1993, 1994, 1995 and 1996 calendar years, is zero.

PART IV

BORROWING AUTHORITY

1991, c. 11

Broadcasting Act

18. The Broadcasting Act is amended by adding the following after section 46:

Debt obligations

46.1 (1) The Corporation may, with the approval of the Minister of Finance, borrow money by any means, including the issuance and sale of bonds, debentures, notes and any other evidence of indebtedness of the Corporation.

Loans to the Corporation

(2) At the request of the Corporation, the Minister of Finance may, out of the Consolidated Revenue Fund, lend money to the Corporation on such terms and conditions as that Minister may fix.

Total indebtedness

(3) The total indebtedness outstanding in respect of borrowings under subsections (1) and (2) shall not exceed

    (a) $25,000,000; or

    (b) such greater amount as may be authorized for the purposes of this subsection by Parliament under an appropriation Act.

19. The Act is amended by adding the following after section 52:

Part VII of Financial Administratio n Act not to apply

52.1 Notwithstanding the Financial Administration Act, Part VII of that Act does not apply to a debt incurred by the Corporation.

20. (1) Subsection 54(3) of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):

    (d) where the Corporation intends to borrow money in the next financial year, a general indication of the borrowing plans and strategies of the Corporation for that year.

(2) Section 54 of the Act is amended by adding the following after subsection (3):

Approval of Minister of Finance

(3.1) Where the Corporation includes a general indication of its plans to borrow money in its corporate plan, the Corporation shall submit that part of its corporate plan to the Minister of Finance for that Minister's approval.

PART V

UNEMPLOYMENT INSURANCE

R.S., c. U-1

Unemployment Insurance Act

1990, c. 40, s. 4(1)

21. The definition ``disentitled'' in subsection 5(1) of the Unemployment Insurance Act

``disentitled''
« inadmissible »

``disentitled'' means to be not entitled under section 12, 14, 17, 28.1, 28.2, 28.3, 31, 32, 40 or 41 or under a regulation;

1993, c. 13, s. 18

22. Subsections 13(1) and (1.1) of the Act are replaced by the following:

Rate of benefit

13. (1) The rate of weekly benefit payable to a claimant for a week of unemployment that falls in the claimant's benefit period is an amount equal to

    (a) 55 per cent of the claimant's average weekly insurable earnings in the claimant's qualifying weeks, in the case of a claimant in respect of whom paragraph (b) does not apply; or

    (b) in any case where it is established, in such manner as the Commission may direct, that the prescribed circumstances exist in relation to one or more persons who are dependants of the claimant or of the spouse of the claimant or that, in the opinion of the Commission, even though the prescribed circumstances do not exist, the claimant or the spouse of the claimant supports one or more persons who are dependants of the claimant or of the spouse of the claimant,

      (i) 60 per cent of the claimant's average weekly insurable earnings in the claimant's qualifying weeks, if the claimant's average weekly insurable earnings during his or her qualifying weeks do not exceed 50 per cent of the maximum weekly insurable earnings for the year in which the benefit period is established, or

      (ii) the greater of 55 per cent of the claimant's average weekly insurable earnings in the claimant's qualifying weeks and 30 per cent of the maximum weekly insurable earnings for the year in which the benefit period is established, if the claimant's average weekly insurable earnings during his or her qualifying weeks exceed 50 per cent of the maximum weekly insurable earnings for that year.

23. The Act is amended by adding the following after section 28:

Suspension from employment

28.1 (1) Notwithstanding section 28, a claimant who is suspended from his or her employment by reason of his or her own misconduct is deemed not to have lost that employment by reason of his or her own misconduct within the meaning of that section.

Disentitlement

(2) A claimant described in subsection (1) is not entitled to receive benefit until

    (a) the period of suspension expires;

    (b) the claimant loses or voluntarily leaves his or her employment; or

    (c) the claimant, after the beginning of the period of suspension, accumulates with another employer the number of weeks of insurable employment required under section 6 in order to qualify to receive benefit under this Act.

Leave

28.2 (1) Notwithstanding section 28, a claimant who voluntarily takes a period of leave from his or her employment without just cause is deemed not to have voluntarily left that employment without just cause within the meaning of that section if, before or after the beginning of the period of leave,

    (a) the period of leave was authorized by the employer; and

    (b) the claimant and the employer agreed as to the day on which the claimant would resume employment.

Disentitlement

(2) A claimant described in subsection (1) is not entitled to receive benefit until

    (a) the claimant resumes employment;

    (b) the claimant loses or voluntarily leaves his or her employment; or

    (c) the claimant, after the beginning of the period of leave, accumulates with another employer the number of weeks of insurable employment required under section 6 in order to qualify to receive benefit under this Act.

Anticipated loss of employment

28.3 (1) Notwithstanding section 28, a claimant who, within three weeks before

    (a) the expiration of a term of employment, in the case of employment for a fixed term, or

    (b) the day on which the claimant is to be laid off according to a notice already given by the employer to the claimant,

loses his or her employment by reason of his or her own misconduct or voluntarily leaves his or her employment without just cause is deemed not to have lost that employment by reason of his or her own misconduct or to have voluntarily left that employment without just cause within the meaning of that section.

Disentitlement

(2) A claimant described in subsection (1) is not entitled to receive benefit until the expiration of the term of employment or the day on which the claimant was to be laid off.

Suspension of disentitlement

28.4 A disentitlement under section 28.1, 28.2 or 28.3 is suspended during any week for which the claimant is otherwise entitled to benefit for any reason referred to in subsection 11(3).

24. Section 40 of the Act is amended by adding the following after subsection (1):

Benefit of the doubt

(1.1) Notwithstanding paragraph (1)(b), the Commission shall give the benefit of the doubt to a claimant on the issue of whether any circumstances or conditions exist that have the effect of disentitling the claimant under section 28.1, 28.2 or 28.3 or disqualifying the claimant under section 28, if the evidence on each side of the issue is equally balanced.

25. Section 44 of the Act is amended by adding the following after paragraph (q.1):

    (q.2) defining and determining who is

      (i) a dependant of a claimant or of a spouse of a claimant, or

      (ii) a spouse of a claimant;

1991, c. 51, s. 6

26. Section 48.1 of the Act is replaced by the following:

1995 and 1996 rate of premium

48.1 Notwithstanding section 48, the rate of premium that persons employed in insurable employment are required to pay is

    (a) for the year 1995, 3 per cent of insurable earnings in that year; and

    (b) for the year 1996, 3 per cent of insurable earnings in that year or such lesser percentage of insurable earnings in that year as may be fixed by order of the Governor in Council.

27. The Act is amended by adding the following after Part III:

PART III.1

PILOT PROJECTS

Pilot projects

75.1 Notwithstanding anything in this Act, the Commission may, with the approval of the Governor in Council, make such regulations as it deems necessary respecting the establishment and operation of pilot projects for testing whether or which possible amendments to this Act or the regulations would make this Act or the regulations more consistent with current industry employment practices, trends or patterns or would improve service to the public, including regulations

    (a) respecting the time and manner in which employers are to supply their employees or former employees or the Commission with information on the employment history of those employees or former employees;

    (b) providing for the use in a pilot project

      (i) of gross earnings, as defined by regulation, or prescribed amounts that are functions of gross earnings, as so defined, for any purpose for which insurable earnings, maximum insurable earnings or average weekly insurable earnings are relevant to the operation of this Act, or

      (ii) of periods of time other than weeks, for any purpose for which a period of weeks or a number of weeks is relevant to the operation of this Act;

    (c) providing for the application of a pilot project in respect of one or more of the following:

      (i) prescribed employers or groups or classes of employers, including groups or classes consisting of randomly selected employers,

      (ii) prescribed areas, or

      (iii) prescribed claimants, employees, former employees or groups or classes of claimants, employees or former employees, including groups or classes consisting of randomly selected claimants, employees or former employees; and

    (d) respecting the manner in which and the extent to which any provision of this Act or the regulations applies in respect of a pilot project, and adapting any such provision for the purposes of that application.

Electronic filing, etc.

75.2 (1) The Commission may, with the approval of the Governor in Council, make regulations

    (a) notwithstanding anything in this Act, respecting the supplying of information for claims for benefit or for other purposes under this Act, and the making of claims for benefit, in electronic or other form on a trial basis, including

      (i) the information that may be supplied in electronic or other form,

      (ii) the persons or groups or classes of persons by whom it may be supplied,

      (iii) the signature in electronic or other form of documents or the execution, adoption or authorization of documents in a manner that pursuant to the regulations is to have the same effect for the purposes of this Act as signature, and

      (iv) the time and date when information supplied in electronic or other form is deemed to be received; and

    (b) notwithstanding subsection 117(2), providing for the payment of amounts as or on account of benefits under this Act on a trial basis by electronic instructions to financial institutions and, in consequence, providing for the adaptation of section 36 and paragraphs 103(1)(e) and (f) to payments made by such instructions or amending that section or those paragraphs.

Extent of authority

(2) A regulation made pursuant to this section may be general or restricted to a specified area or a group or class of persons.

Expiration of regulations

75.3 A regulation made pursuant to this Part that is not repealed ceases to have effect three years after it comes into force.

1990, c. 40, s. 54

28. The schedule to the Act is replaced by the schedule set out in the schedule to this Act.