Bill C-422
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C-422
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-422
An Act to amend the Employment Insurance Act (elimination of waiting period)
first reading, May 11, 2012
NOTE
2nd Session, 41st Parliament
This bill was introduced during the First Session of the 41st Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Ms. Mathyssen
411118
SUMMARY
This enactment amends the Employment Insurance Act to eliminate the two-week waiting period that follows the termination of employment.
Available on the Parliament of Canada Web Site at the following address:
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http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-422
An Act to amend the Employment Insurance Act (elimination of waiting period)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1996, c. 23
EMPLOYMENT INSURANCE ACT
1. (1) The definition “waiting period” in subsection 6(1) of the Employment Insurance Act is repealed.
(2) The definition “disentitled” in subsection 6(1) of the Act is replaced by the following:
“disentitled”
« inadmissible »
« inadmissible »
“disentitled” means not entitled under section 18, 21, 31, 32, 33, 36, 37, 49 or 50 or under the regulations;
2. Section 13 of the Act is repealed.
3. (1) Subsection 19(1) of the Act is repealed.
(2) The portion of subsection 19(2) of the Act before paragraph (a) is replaced by the following:
Earnings in periods of unemployment
(2) Subject to subsections (3) and (4), if the claimant has earnings during a week of unemployment, there shall be deducted from benefits payable in that week the amount, if any, of the earnings that exceeds
4. Section 20 of the Act is replaced by the following:
Deduction for excluded days
20. If a claimant is disentitled from receiving benefits for a working day in a week of unemployment, an amount equal to 1/5 of their weekly rate of benefits for each such working day shall be deducted from the benefits payable for that week.
5. Subsection 22(4) of the Act is repealed.
6. Subsections 23(5) and (6) of the Act are repealed.
7. Subsection 23.1(7) of the Act is repealed.
8. Subsection 24(1) of the Act is amended by adding “and” at the end of paragraph (g) and by repealing paragraph (h).
9. Subsection 28(2) of the Act is replaced by the following:
When disqualification is to be served
(2) Subject to subsections (3) to (5), the weeks of disqualification are to be served during the weeks for which benefits would otherwise be payable if the disqualification had not been imposed and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period.
10. Subsection 30(2) of the Act is replaced by the following:
Length of disqualification
(2) The disqualification is for each week of the claimant’s benefit period and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period.
11. (1) Paragraph 54(a) of the Act is repealed.
(2) Paragraph 54(f) of the Act is replaced by the following:
f) determining the amount to be deducted under section 20 from weekly benefits paid if the claimant normally works other than a five day week;
(3) Paragraph 54(f.6) of the Act is repealed.
12. (1) The definition “waiting period” in subsection 152.01(1) of the Act is repealed.
(2) The definition “disentitled” in subsection 152.01(1) of the Act is replaced by the following:
“disentitled”
« inadmissible »
« inadmissible »
“disentitled” means not entitled under sections 49, 50, 152.03 or 152.2 or under the regulations.
13. Subsections 152.05(14) and (15) of the Act are repealed.
14. Subsection 152.06(6) of the Act is repealed.
15. Section 152.15 of the Act is repealed.
16. (1) Subsection 152.18(1) of the Act is repealed.
(2) The portion of subsection 152.18(2) of the Act before paragraph (a) is replaced by the following:
Earnings in periods of unemployment
(2) Subject to subsection (3), if the self-employed person has earnings during a week of unemployment, there shall be deducted from benefits payable in that week the amount, if any, of the earnings that exceeds
17. Section 152.19 of the Act is replaced by the following:
Deduction for excluded days
152.19 If a self-employed person is not entitled to receive benefits for a working day in a week of unemployment, an amount equal to 1/5 of their weekly rate of benefits for each such working day shall be deducted from the benefits payable for that week.
COORDINATING AMENDMENT
18. On the first day on which section 6 of this Act is in force and both section 10 of the Budget Implementation Act, 2000, chapter 14 of the Statutes of Canada, 2000, and section 34 of the Fairness for the Self-Employed Act, chapter 33 of the Statutes of Canada, 2009 have produced their effects, subsections 23(5), (6) and (7) of the Employment Insurance Act are replaced by the following:
Interpretation
(5) Subsections 12(3) to (8) and subparagraph 58(1)(b)(ii) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).
Published under authority of the Speaker of the House of Commons