Bill C-324
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-324 |
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An Act to amend the Employment Insurance
Act (determination of insurable
employment)
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| 1996, c. 23;
1997, c. 26;
1998, cc. 19,
21; 1999, c.
17
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1. The Employment Insurance Act is
amended by adding the following after
section 89:
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| Determi- nation
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89.1 (1) The Commission shall determine
whether a person is or was employed in
insurable employment in the following cases:
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| Represen- tation
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(2) The Commission shall afford any person
who may be affected by the application under
subsection (1) an opportunity to furnish
information and to make representations to
protect his interest.
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| Notification
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(3) The Commission shall, with all due
dispatch, determine the question raised by the
application and shall thereupon notify any
person affected.
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| Appeal
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89.2 (1) A person affected by the decision
of the Commission or the employer or
purported employer of that person may, within
ninety days after the decision under
subsection (1) is communicated to him, appeal
from the decision to the Minister.
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| Decision
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(2) The Minister shall decide the appeal
within a reasonable time after receiving it and
shall notify the affected persons of the
decision.
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2. Paragraph 90(1)(a) of the Act is
repealed.
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3. Subsection 96(2) of the Act is replaced
by the following:
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| Refund - ap
peal decision
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(2) If an amount on account of a premium
has been deducted from the remuneration of a
person during a year, or has been paid by an
employer with respect to a person employed
by the employer during a year, and by a
decision on an appeal under section 89.2 , 91,
92 or 103 it is decided that the amount so
deducted or paid exceeds the amount required
to be deducted or paid, or should not have been
deducted or paid, the Minister shall refund the
excess amount or the amount that should not
have been deducted or paid if the person or the
employer applies in writing to the Minister
within 30 days after the decision is
communicated to the person or employer, as
the case may be.
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4. Section 103 of the Act is replaced by the
following:
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| Appeal to the
Tax Court of
Canada
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103. (1) The Commission or a person
affected by a decision on an appeal to the
Minister under section 89.2 , 91 or 92 may
appeal from the decision to the Tax Court of
Canada in accordance with the Tax Court of
Canada Act and the applicable rules of court
made thereunder within 90 days after the
decision is communicated to the Commission
ot the person, or within such longer time as the
Court allows on application made to it within
90 days after the expiration of those 90 days.
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| Communica- tion of decision
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(2) The determination of the time at which
a decision on an appeal to the Minister under
section 89.2 , 91 or 92 is communicated to the
Commission or to a person shall be made in
accordance with the rule, if any, made under
paragraph 20(1.1)(h.1) of the Tax Court of
Canada Act.
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| Decision
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(3) On an appeal, the Tax Court of Canada
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5. Subsection 104(1) of the Act is replaced
by the following:
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| Authority to
decide
questions
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104. (1) The Tax Court of Canada and the
Minister have authority to decide any question
of fact or law necessary to be decided in the
course of an appeal under section 89.2 , 91 or
103 or to reconsider an assessment under
section 92 and to decide whether a person may
be or is affected by the decision or assessment.
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6. Paragraph 108(1)(n) of the Act is
replaced by the following:
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