Bill C-111

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First Reading

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	(a) hours of insurable employment before the week in which the event giving rise to the disqualification occurs; and
	(b) hours of insurable employment in any employment that the claimant loses or leaves, as described in subsection (1), after that event.
Restriction on number of weeks and rate of benefits	(7) No hours of insurable employment in the employment in which the disqualification arose or in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant's rate of weekly benefits under section 14.
Disentitlement - suspension for misconduct	31. A claimant who is suspended from their employment because of their misconduct is not entitled to receive benefits until
	(a) the period of suspension expires;
	(b) the claimant loses or voluntarily leaves their employment; or
	(c) the claimant, after the beginning of the period of suspension, accumulates with another employer the number of hours of insurable employment required by section 7 to qualify to receive benefits.
Disentitlement - period of leave without just cause	32. (1) A claimant who voluntarily takes a period of leave from their employment without just cause is not entitled to receive benefits 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.
Duration of disentitlement	(2) The disentitlement lasts until the claimant
	(a) resumes the employment;
	(b) loses or voluntarily leaves their employment; or
	(c) after the beginning of the period of leave, accumulates with another employer the number of hours of insurable employment required by section 7 to qualify to receive benefits.
Disentitlement - anticipated loss of employment	33. (1) A claimant is not entitled to receive benefits if the claimant loses an employment because of their misconduct or voluntarily leaves without just cause within three weeks before
	(a) the expiration of a term of employment, in the case of employment for a set 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.
Duration of disentitlement	(2) The disentitlement lasts until the expiration of the term of employment or the day on which the claimant was to be laid off.
Suspension of disentitlement	34. A disentitlement under sections 31 to 33 is suspended during any week for which the claimant is otherwise entitled to special benefits.
Exception	35. Notwithstanding anything in this Part, no claimant is disqualified or disentitled under sections 30 to 33 from receiving benefits only because the claimant left or refused to accept employment if, by remaining in or accepting the employment, the claimant would lose the right
	(a) to become or refrain from becoming a member of an association, organization or union of workers; or
	(b) to continue to be a member and to observe the lawful rules of an association, organization or union of workers.
Labour disputes	36. (1) Subject to the regulations, if a claimant loses an employment, or is unable to resume an employment, because of a work stoppage attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed, the claimant is not entitled to receive benefits until the earlier of
	(a) the end of the work stoppage, and
	(b) the day on which the claimant becomes regularly engaged elsewhere in insurable employment.
Regulations	(2) The Commission may, with the approval of the Governor in Council, make regulations for determining the number of days of disentitlement in a week of a claimant who loses a part-time employment or is unable to resume a part-time employment because of the reason mentioned in subsection (1).
Suspension of disentitlement	(3) A disentitlement under this section is suspended during any period for which the claimant
	(a) establishes that the claimant is otherwise entitled to special benefits or benefits by virtue of section 25; and
	(b) establishes, in such manner as the Commission may direct, that before the work stoppage, the claimant had anticipated being absent from their employment because of any reason entitling them to those benefits and had begun making arrangements in relation to the absence.
Non-applicati on	(4) This section does not apply if a claimant proves that the claimant is not participating in, financing or directly interested in the labour dispute that caused the stoppage of work.
Separate branches of work	(5) If separate branches of work that are commonly carried on as separate businesses in separate premises are carried on in separate departments on the same premises, each department is, for the purpose of this section, a separate factory or workshop.
Prison inmates and persons outside Canada	37. Except as may otherwise be prescribed, a claimant is not entitled to receive benefits for any period during which the claimant
	(a) is an inmate of a prison or similar institution; or
	(b) is not in Canada.
	Penalties
Penalty for claimants, etc.	38. (1) The Commission may impose on a claimant, or any other person acting for a claimant, a penalty for each of the following acts or omissions if the Commission becomes aware of facts that in its opinion establish that the claimant or other person has
	(a) in relation to a claim for benefits, made a representation that the claimant or other person knew was false or misleading;
	(b) being required under this Act or the regulations to provide information, provided information or made a representation that the claimant or other person knew was false or misleading;
	(c) knowingly failed to declare to the Commission all or some of the claimant's earnings for a period for which the claimant received benefits;
	(d) made a claim or declaration that the claimant or other person knew was false or misleading because of the non-disclosure of facts;
	(e) being the payee of a special warrant, knowingly negotiated or attempted to negotiate it for benefits to which the claimant was not entitled;
	(f) knowingly failed to return a special warrant or the amount of the warrant or any excess amount, as required by section 44;
	(g) imported or exported a document issued by the Commission, or had it imported or exported, for the purpose of defrauding or deceiving the Commission; or
	(h) participated in, assented to or acquiesced in an act or omission mentioned in paragraphs (a) to (g).
Maximum penalty	(2) The Commission may set the amount of the penalty for each act or omission at not more than
	(a) three times the claimant's rate of weekly benefits;
	(b) if the penalty is imposed under paragraph (1)(c),
	(i) three times the amount by which the claimant's benefits were reduced under subsection 19(3), and
	(ii) three times the benefits that would have been paid to the claimant for the period mentioned in that paragraph if the benefits had not been reduced under subsection 19(3) or the claimant had not been disentitled or disqualified from receiving benefits; or
	(c) three times the maximum rate of weekly benefits in effect when the act or omission occurred, if no benefit period was established.
Penalty for employers, etc.	39. (1) The Commission may impose on an employer, or any other person acting for an employer or pretending to be or act for an employer, a penalty for each of the following acts if the Commission becomes aware of facts that in its opinion establish that the employer or other person has
	(a) made, in relation to any matter arising under this Act, a representation that the employer or other person knew was false or misleading;
	(b) being required under this Act or the regulations to provide information, provided information or made a representation that the employer or other person knew was false or misleading;
	(c) in relation to any matter arising under this Act, made a declaration that the employer or other person knew was false or misleading because of the non-disclosure of facts;
	(d) imported or exported a document issued by the Commission, or had it imported or exported, for the purpose of defrauding or deceiving the Commission; or
	(e) participated in, assented to or acquiesced in an act mentioned in paragraphs (a) to (d).
Maximum penalty	(2) The Commission may set the amount of the penalty for each act at not more than nine times the maximum rate of weekly benefits in effect when the act occurred.
Limitation on imposition of penalties	40. A penalty shall not be imposed under section 38 or 39 if
	(a) a prosecution for the act or omission has been initiated against the employee, employer or other person; or
	(b) 36 months have passed since the day on which the act or omission occurred.
Rescission, etc., of penalty	41. The Commission may rescind the imposition of a penalty under section 38 or 39, 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.
	Non-assignment and Overpayment of Benefits
Benefits not assignable	42. (1) Subject to subsections (2) and (3), benefits are not capable of being assigned, charged, attached, anticipated or given as security and any transaction appearing to do so is void.
Exception - recovery of amounts payable	(2) Any amounts payable under this Act by any person and required to be credited to the Employment Insurance Account may be recovered out of any benefits payable to that person, without affecting any other mode of recovery.
Exception - payment to other governments	(3) If the Government of Canada, a provincial or municipal government or any other prescribed authority pays a person an advance or assistance or a welfare payment for a week that would not be paid if unemployment benefits were paid for that week, and unemployment benefits subsequently become payable to that person for that week, the Commission may, subject to the regulations, deduct from those or any subsequent benefits and pay to the government or the prescribed authority an amount equal to the amount of the advance, assistance or welfare payment paid, if the person had, on or before receiving the advance, assistance or welfare payment, consented in writing to the deduction and payment by the Commission.
Liability for overpayments	43. A claimant is liable to repay an amount paid by the Commission to the claimant as benefits
	(a) for any period for which the claimant is disqualified; or
	(b) to which the claimant is not entitled.
Liability to return overpayment	44. A person who has received or obtained a benefit payment to which the person is disentitled, or a benefit payment in excess of the amount to which the person is entitled, shall without delay return the amount, the excess amount or the special warrant for payment of the amount, as the case may be.
Return of benefits by claimant	45. If a claimant receives benefits for a period and, under a labour arbitration award or court judgment, or for any other reason, an employer or any other person subsequently becomes liable to pay earnings, including damages for wrongful dismissal, to the claimant for the same period and pays the earnings, the claimant shall pay to the Receiver General as repayment of an overpayment of benefits an amount equal to the benefits that would not have been paid if the earnings had been paid or payable at the time the benefits were paid.
Return of benefits by employer or other person	46. (1) If under a labour arbitration award or court judgment, or for any other reason, an employer or other person becomes liable to pay earnings, including damages for wrongful dismissal, to a claimant for a period and has reason to believe that benefits have been paid to the claimant for that period, the employer or other person shall ascertain whether an amount would be repayable under section 45 if the earnings were paid to the claimant and if so shall deduct the amount from the earnings payable to the claimant and remit it to the Receiver General as repayment of an overpayment of benefits.
Return of benefits by employer	(2) If a claimant receives benefits for a period and under a labour arbitration award or court judgment, or for any other reason, the liability of an employer to pay the claimant earnings, including damages for wrongful dismissal, for the same period is or was reduced by the amount of the benefits or by a portion of them, the employer shall remit the amount or portion to the Receiver General as repayment of an overpayment of benefits.
Debts to Crown	47. (1) All amounts payable under section 38, 39, 43, 45 or 46 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.
Recovery	(2) If benefits become payable to a claimant, the amount of the indebtedness may be deducted and retained out of the benefits.
Limitation	(3) No amount due under this section may be recovered more than 72 months after the day on which the liability arose.
Appeals	(4) A limitation period established by subsection (3) does not run when there is pending an appeal or other review of a decision establishing the liability.

Bill C-111

Penalties

Non-assignment and Overpayment of Benefits