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Bill C-111

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PART VIII

SELF-EMPLOYED PERSONS ENGAGED IN FISHING

Regulations

153. (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 a scheme of employment insurance for self-employed persons engaged in fishing, including regulations

    (a) including as a self-employed person engaged in fishing any person engaged in an activity or occupation related to or incidental to fishing; and

    (b) including as an employer of a self-employed person engaged in fishing any person with whom the self-employed person enters into a contractual or other commercial relationship in respect of their occupation as a self-employed person engaged in fishing.

Scheme may be different

(2) The scheme established by the regulations may, with respect to any matter, be different from the provisions of this Act relating to that matter.

Tabling of regulation

(3) The Minister shall table the regulations in the House of Commons within three sitting days after the day on which they are made.

Motion to repeal

(4) The regulations come into force on the 10th sitting day after the day on which they are tabled, or on any later day specified in the regulations, unless a motion to repeal them, signed by not fewer than 30 members of the House of Commons, is filed with the Speaker of the House of Commons before the 10th sitting day.

Consideration

(5) If a motion to repeal the regulations is filed with the Speaker of the House of Commons in accordance with subsection (4), it shall be taken up and considered by the House of Commons within five sitting days after the day on which it is filed.

Time for disposition of motion

(6) The motion shall be taken up after the ordinary hour of daily adjournment, for a period of not more than four hours, and at the end of the debate the Speaker of the House of Commons shall, without delay or further debate or amendment, put every question necessary for the disposition of the motion.

Adoption or defeat of motion

(7) If the motion is adopted, the regulations are repealed, and if the motion is defeated, the regulations come into force on the day after the day on which the motion is defeated or on any later day specified in the regulations.

Regulation repealed

(8) The regulations are repealed if Parliament is prorogued or dissolved before the motion is disposed of or, if no motion has been filed, before the end of the period mentioned in subsection (4).

Definition of ``sitting day''

(9) For the purpose of this section, ``sitting day'' means a day on which the House of Commons is sitting.

PART IX

REPEALS, TRANSITIONAL PROVISIONS, RELATED AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE

Repeals

R.S., c. N-19

154. The National Training Act is repealed.

R.S., c. U-1

155. The Unemployment Insurance Act is repealed.

Transitional Provisions

National Training Act

Allowances

156. A training allowance being paid under section 5 of the National Training Act when it is repealed may continue to be paid in accordance with that Act and the regulations made under it, as they read immediately before the repeal of that Act, until the conclusion of the course to which the allowance relates.

Agreements

157. An agreement under section 7 of the National Training Act in effect when it is repealed continues in effect according to the terms of the agreement.

Charge to Employment Insurance Account

158. (1) Amounts paid under sections 156 and 157 in relation to persons who are insured participants, as defined in section 58, shall be charged to the Employment Insurance Account of the Consolidated Revenue Fund.

Appropriation

(2) Other amounts paid under sections 156 and 157 shall be paid out of money to be appropriated by Parliament.

Unemployment Insurance Act

Benefit periods beginning before this section comes into force

159. (1) Except as otherwise provided in this section, all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act (the ``former Act'') is repealed shall be dealt with under that Act.

Parental benefits

(2) Section 23 of this Act applies in place of section 20 of the former Act to claimants claiming benefits for the care of children born or placed for adoption after that Act is repealed.

Job creation projects

(3) Section 25 of the former Act applies only to claimants employed on job creation projects under that section when that Act is repealed.

Training

(4) Section 26 of the former Act applies only to claimants in a course or program to which they are referred under that section before that Act is repealed.

Assistance

(5) Regulations made under section 26.1 of the former Act apply only to claimants receiving assistance under them when that Act is repealed and amounts paid under those regulations shall be charged to the Employment Insurance Account of the Consolidated Revenue Fund.

Disentitlement and disqualificatio n

(6) Sections 27 to 33 of this Act apply in place of sections 27 to 28.3 of the former Act in respect of events occurring after that Act is repealed that give rise to a disentitlement or disqualification under those sections and, for the purpose of applying those sections, a reference in the former Act to

    (a) section 27 shall be read as a reference to section 27 of this Act;

    (b) section 28 shall be read as a reference to section 29 of this Act;

    (c) section 28.1 shall be read as a reference to section 31 of this Act;

    (d) section 28.2 shall be read as a reference to section 32 of this Act; and

    (e) section 28.3 shall be read as a reference to section 33 of this Act.

Application of section 145

(7) Section 145 of this Act applies in place of section 123 of the former Act in respect of benefits paid after December 31, 1995.

Hours of insurable employment and earnings before 1997

160. For the purpose of calculating after 1996 how many hours of insurable employment and the amount of insurable earnings a claimant has under this Act, other than Part VIII, insurable employment and insurable earnings occurring

    (a) before June 30, 1996 shall be determined in accordance with the former Act; and

    (b) on or after June 30, 1996 but before January 5, 1997 shall be determined in accordance with this Act, as it applies on June 30, 1996.

Premiums

161. All matters relating to the payment of premiums under the former Act shall be dealt with under that Act.

Employment Insurance Account

162. An amount owing to or by Her Majesty under the former Act shall, when paid, be credited or charged to the Employment Insurance Account.

Estimated insurable earnings for 1996-97

163. (1) For the purposes of section 78, the Commission's estimate of the insurable earnings of all insured persons in the fiscal year 1996-97 shall be published in the Canada Gazette if it is not set out in the Main Estimates tabled in Parliament for that year.

Plan for 1996-97

(2) The plan mentioned in section 79 shall be published in the Canada Gazette for the fiscal year 1996-97 if it is not included in the Main Estimates tabled in Parliament for that year.

Powers and functions

164. (1) The powers or functions of any person under the former Act shall be exercised or performed by the person who exercises the corresponding powers or performs the corresponding functions under this Act.

Boards of referees, etc.

(2) Boards of referees, panels, chairpersons, umpires and the chief umpire established, appointed or designated under the former Act continue as if they had been established, appointed or designated under this Act.

Waivers and agreements

165. Waivers and agreements made under paragraph 4(1)(d) of the former Act and in effect when that Act is repealed continue in effect as though they had been made under paragraph 5(4)(d) of this Act.

Employment Insurance Account

Deemed pay-out and charge

166. For the purposes of section 78, amounts paid out and charged to the Employment Insurance Account under the following provisions are deemed to be paid out and charged to that Account under Part III:

    (a) subsection 158(1); and

    (b) subsection 159(5), except self-employment benefits paid under section 120 of the Unemployment Insurance Regulations.

Transitional Regulations

Regulations

167. The Commission may, with the approval of the Governor in Council, make regulations providing for any other transitional matters, including regulations

    (a) providing for the transition from weeks of insurable employment to hours of insurable employment, or from any other basis to another under Part VIII; and

    (b) for establishing requirements to qualify to receive benefits, the duration of entitlement to benefits, benefit rates and disentitlement or disqualification from receiving benefits.

Consequential and Related Amendments

R.S., c. B-3; 1992, c. 27, s. 2

Bankruptcy and Insolvency Act

1992, c. 27, s. 33

168. The portion of subsection 67(3) of the Bankruptcy and Insolvency Act before paragraph (a) is replaced by the following:

Exceptions

(3) Subsection (2) does not apply in respect of subsections 227(4) and (5) of the Income Tax Act, subsections 23(3) and (4) of the Canada Pension Plan or subsections 86(2) and (3) of the Employment Insurance Act, or in respect of provisions of provincial legislation where

R.S., c. E-5

Employment and Immigration Department and Commission Act

169. Section 19 of the Employment and Immigration Department and Commission Act is replaced by the following:

Audit by Auditor General

19. (1) The accounts and financial transactions of the Commission and the Employment Insurance Account established by section 70 of the Employment Insurance Act shall be audited annually by the Auditor General of Canada and a report of the audit shall be made to the Minister.

Annual report, financial

(2) The Minister shall, on or before September 30 next following the end of each year or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting, submit to Parliament the report by the Auditor General of Canada of the accounts and financial transactions of the Commission in that year relating to employment insurance and of the state of the Employment Insurance Account at the end of that year.

R.S., c. E-15

Excise Tax Act

1994, c. 9, s. 16(1)

170. Subparagraph 238.1(2)(c)(iii) of the Excise Tax Act is replaced by the following:

      (iii) all amounts required under this Act (other than this Part), the Customs Act, the Customs Tariff, the Excise Act, the Income Tax Act, sections 21 and 33 of the Canada Pension Plan and section 82 and Part VII of the Employment Insurance Act to be remitted or paid before that time by the registrant have been remitted or paid, and

R.S., c. 1 (5th Supp.)

Income Tax Act

171. Subparagraph 8(1)(l.1)(i) of the Income Tax Act is replaced by the following:

      (i) as an employer's premium under the Employment Insurance Act, or

172. Paragraph 56(1)(m) of the Act is repealed.

173. Paragraph (a) of the definition ``child care expense'' in subsection 63(3) of the Act is amended by adding the word ``or'' at the end of subparagraph (ii) and by repealing subparagraph (iii).

1994, c. 7, Sch. II, s. 37(1)

174. Subparagraph 64(a)(i) of the Act is amended by adding the word ``or'' at the end of clause (B) and by repealing clause (C).

175. Paragraph 153(1)(i) of the Act is repealed.

1994, c. 7, Sch. VIII, s. 132(4)

176. Subsection 227(9.1) of the Act is replaced by the following:

Penalty

(9.1) Notwithstanding any other provision of this Act, any other enactment of Canada, any enactment of a province or any other law, the penalty for failure to remit an amount required to be remitted by a person on or before a prescribed date under subsection 153(1), subsection 21(1) of the Canada Pension Plan and subsection 82(1) of the Employment Insurance Act shall, unless the person who is required to remit the amount has, knowingly or under circumstances amounting to gross negligence, delayed in remitting the amount or has, knowingly or under circumstances amounting to gross negligence, remitted an amount less than the amount required, apply only to the amount by which the total of all amounts so required to be remitted on or before that date exceeds $500.

R.S., c. L-1

Labour Adjustment Benefits Act

177. The definitions ``average weekly insurable earnings'' and ``board of referees'' in subsection 2(1) of the Labour Adjustment Benefits Act are replaced by the following:

``average weekly insurable earnings''
« rémunératio n hebdomadaire assurable moyenne »

``average weekly insurable earnings'', in respect of an employee, means the weekly average of the employee's insurable earnings, as determined under the Employment Insurance Act, from employment at a Canadian establishment for the twenty weeks of employment immediately preceding the employee's effective date of lay-off;

``board of referees'' « conseil arbitral »

``board of referees'' means a board of referees established under Part VI of the Employment Insurance Act;

178. Paragraph 14(1)(d) of the Act is replaced by the following:

    (d) the employee has claimed and exhausted all benefits under Part I of the Employment Insurance Act to which the employee was entitled subsequent to his or her lay-off;

179. (1) Paragraph 17(2)(a) of the Act is replaced by the following:

    (a) the week immediately following the week the employee's benefits under Part I of the Employment Insurance Act subsequent to his or her lay-off are exhausted, and

(2) The portion of subsection 17(3) of the Act before paragraph (a) is replaced by the following:

Additional benefits

(3) Where a qualified employee was certified by the Board pursuant to section 11 after the week his or her benefits under Part I of the Employment Insurance Act subsequent to the lay-off were exhausted, in addition to the labour adjustment benefits otherwise payable to the employee under this Act, labour adjustment benefits are payable from the later of

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