Bill C-49
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Coordinating Amendment |
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| Bill C-47
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10. (1) Subsections (2) to (6) apply if Bill
C-47, introduced in the 1st Session of the
37th Parliament and entitled the Excise Act,
2001 (referred to in this section as the
``other Act''), receives royal assent.
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| Amendment
to Tax Court
of Canada Act
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(2) On the later of the coming into force
of subsection 6(1) of this Act and the
application of subsection 408(7) of the other
Act, subsection 12(1) of the Tax Court of
Canada Act is replaced by the following:
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| Jurisdiction
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12. (1) The Court has exclusive original
jurisdiction to hear and determine references
and appeals to the Court on matters arising
under the Air Travellers Security Charge Act,
the Canada Pension Plan, the Cultural
Property Export and Import Act, Part V.1 of
the Customs Act, the Employment Insurance
Act, the Excise Act, 2001, Part IX of the Excise
Tax Act, the Income Tax Act, the Old Age
Security Act and the Petroleum and Gas
Revenue Tax Act, where references or appeals
to the Court are provided for in those Acts.
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| Amendment
to Tax Court
of Canada Act
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(3) On the later of the coming into force
of subsection 6(2) of this Act and the
application of subsection 408(8) of the other
Act, subsections 12(3) and (4) of the Tax
Court of Canada Act are replaced by the
following:
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| Further
jurisdiction
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(3) The Court has exclusive original
jurisdiction to hear and determine questions
referred to it under section 51 or 52 of the Air
Travellers Security Charge Act, section 97.58
of the Customs Act, section 204 or 205 of the
Excise Act, 2001, section 310 or 311 of the
Excise Tax Act or section 173 or 174 of the
Income Tax Act.
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| Extensions of
time
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(4) The Court has exclusive original
jurisdiction to hear and determine
applications for extensions of time under
section 45 or 47 of the Air Travellers Security
Charge Act, subsection 28(1) of the Canada
Pension Plan, section 33.2 of the Cultural
Property Export and Import Act, section 97.52
or 97.53 of the Customs Act, subsection 103(1)
of the Employment Insurance Act, section 197
or 199 of the Excise Act, 2001, section 304 or
305 of the Excise Tax Act, or section 166.2 or
167 of the Income Tax Act.
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| Amendment
to Tax Court
of Canada Act
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(4) On the later of the coming into force
of section 7 of this Act and the application
of subsection 408(10) of the other Act,
subsection 18.29(3) of the Tax Court of
Canada Act is replaced by the following:
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| Extensions of
time
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(3) The provisions referred to in subsection
(1) also apply, with any modifications that the
circumstances require, in respect of
applications for extensions of time under
section 45 or 47 of the Air Travellers Security
Charge Act, subsection 28(1) of the Canada
Pension Plan, section 33.2 of the Cultural
Property Export and Import Act, section 97.51
or 97.52 of the Customs Act, subsection 103(1)
of the Employment Insurance Act, section 197
or 199 of the Excise Act, 2001, section 304 or
305 of the Excise Tax Act or section 166.2 or
167 of the Income Tax Act.
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| Amendment
to Tax Court
of Canada Act
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(5) On the later of the coming into force
of section 8 of this Act and the application
of subsection 408(16) of the other Act,
subsection 18.31(2) of the Tax Court of
Canada Act is replaced by the following:
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| Determination
of a question
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(2) If it is agreed under section 51 of the Air
Travellers Security Charge Act, section 97.58
of the Customs Act, section 204 of the Excise
Act, 2001 or section 310 of the Excise Tax Act
that a question should be determined by the
Court, sections 17.1, 17.2 and 17.4 to 17.8
apply, with any modifications that the
circumstances require, in respect of the
determination of the question.
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| Amendment
to Tax Court
of Canada Act
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(6) On the later of the coming into force
of section 9 of this Act and section 407 of the
other Act, subsection 18.32(2) of the Tax
Court of Canada Act is replaced by the
following:
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| Provisions
applicable to
determination
of a question
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(2) If an application has been made under
section 52 of the Air Travellers Security
Charge Act, section 205 of the Excise Act,
2001 or section 311 of the Excise Tax Act for
the determination of a question, the
application or determination of the question
shall, subject to section 18.33, be determined
in accordance with sections 17.1, 17.2 and
17.4 to 17.8, with any modifications that the
circumstances require.
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Coming into Force |
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| Coming into
force
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11. This Part comes into force on the day
on which it receives royal assent or is
deemed to have come into force on April 1,
2002, whichever is the earlier.
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PART 3 |
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EMPLOYMENT INSURANCE |
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| 1996, c. 23
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Employment Insurance Act |
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12. (1) Subsection 10(2) of the
Employment Insurance Act is replaced by
the following:
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| Length of
benefit period
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(2) The length of a benefit period is 52
weeks, except as otherwise provided in
subsections (10) to (15) and section 24.
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(2) Paragraph 10(8)(a) of the Act is
replaced by the following:
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(3) Subsection 10(8) of the Act is amended
by adding the word ``or'' at the end of
paragraph (b) and by repealing paragraph
(c).
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(4) Subsection 10(12) of the Act is
replaced by the following:
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| Extension of
benefit
period -
children in
hospital
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(12) If the child or children referred to in
subsection 23(1) are hospitalized during the
period referred to in subsection 23(2), the
benefit period is extended by the number of
weeks during which the child or children are
hospitalized.
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| Extension of
benefit
period -
special
benefits
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(13) If, during a claimant's benefit period,
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the benefit period is extended so that benefits
may be paid up to the maximum number of
weeks available to the claimant for the reason
mentioned in each of those paragraphs.
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| Maximum
extension
under
subsections
(10) to (13)
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(14) Subject to subsection (15), no
extension under any of subsections (10) to
(13) may result in a benefit period of more
than 104 weeks.
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| Maximum
extension
under
subsection
(13)
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(15) No extension under subsection (13)
may result in a benefit period of more than 67
weeks, unless the benefit period is also
extended under any of subsections (10) to
(12).
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| 2000, c. 14,
s. 3(3)
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13. Subsection 12(5) of the Act is replaced
by the following:
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| Combined
weeks of
benefits
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(5) In a claimant's benefit period, the
claimant may combine weeks of benefits to
which the claimant is entitled because of a
reason mentioned in subsection (3), but the
maximum number of combined weeks is 50.
If the benefit period is extended under
subsection 10(13), the maximum number of
combined weeks is 65.
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14. Section 23 of the Act is amended by
adding the following after subsection (2):
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| Extension of
period -
children in
hospital
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(3) If the child or children referred to in
subsection (1) are hospitalized during the
period referred to in subsection (2), the period
is extended by the number of weeks during
which the child or children are hospitalized.
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| Limitation
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(3.1) No extension under subsection (3)
may result in the period being longer than 104
weeks.
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| Extension of
period -
special
benefits
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(3.2) If, during a claimant's benefit period,
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the period referred to in subsection (2) is
extended so that benefits may be paid up to the
maximum number of weeks available to the
claimant for that reason.
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| Limitation
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(3.3) No extension under subsection (3.2)
may result in the period being longer than 67
weeks or, if the benefit period is extended
under any of subsections 10(10) to (13), 104
weeks.
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Transitional Provision |
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15. (1) Subsections 10(12) and 23(3) of the
Employment Insurance Act, as enacted by
subsection 12(4) and section 14,
respectively, of this Act, apply to a claimant
for any benefit period that begins on or
after the day on which this Act receives
royal assent.
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(2) Subsections 10(13) and 23(3.2) of the
Employment Insurance Act, as enacted by
subsection 12(4) and section 14,
respectively, of this Act, apply to a claimant
for any benefit period that has not ended
before March 3, 2002 or that begins on or
after that date.
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| SOR/96-445
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Employment Insurance (Fishing) Regulations |
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16. (1) Section 8 of the Employment
Insurance (Fishing) Regulations is amended
by adding the following after subsection
(11.1):
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(11.2) Notwithstanding subsection (11) and
subject to the applicable maximums referred
to in subsections (17) and (18), if, during the
period referred to in subsection 23(2) of the
Act, the child or children referred to in
subsection 23(1) of the Act are hospitalized,
the fisher's benefit period is extended by the
number of weeks during which the child or
children are hospitalized.
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(11.3) Notwithstanding subsection (11) and
subject to the applicable maximums referred
to in subsection (17), if, during a fisher's
benefit period,
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the benefit period is extended so that benefits
may be paid up to the maximum number of
weeks available to the fisher for the reason
mentioned in each of those paragraphs.
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(11.4) Subject to subsection (11.5), no
extension under any of subsections (11.1) to
(11.3) may result in a benefit period of more
than 104 weeks.
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(11.5) No extension under subsection (11.3)
may result in a benefit period of more than 67
weeks, unless the benefit period is also
extended under subsection (11.1) or (11.2).
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| SOR/2001-74
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(2) Subsection 8(14) of the Regulations is
replaced by the following:
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(14) No benefit period established under
subsection (1) or (6) shall be extended beyond
the date determined in accordance with any of
subsections (11) to (11.3).
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(3) Section 8 of the Regulations is
amended by adding the following after
subsection (17):
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(17.1) For the purpose of subsection (17),
the reference in subsection 12(5) of the Act to
subsection 10(13) of the Act is to be read as a
reference to subsection (11.3) of this section.
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(4) Subsection 8(11.2) of the Regulations,
as enacted by subsection (1), applies to a
fisher for any benefit period that begins on
or after the day on which this Act receives
royal assent.
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(5) Subsection 8(11.3) of the Regulations,
as enacted by subsection (1), applies to a
fisher for any benefit period that has not
ended before March 3, 2002 or that begins
on or after that date.
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Related Amendments |
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| R.S., c. L-2
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Canada Labour Code
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| 2000, c. 14,
s. 42
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17. Subsection 206.1(2) of the Canada
Labour Code is replaced by the following:
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| Period when
leave may be
taken
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(2) The leave of absence may only be taken
during the fifty-two week period beginning
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18. Subsection 206.1(2) of the Act, as
enacted by section 43 of the Budget
Implementation Act, 2000, chapter 14 of the
Statutes of Canada, 2000, is replaced by the
following:
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| Period when
leave may be
taken
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(2) The leave of absence may only be taken
during the fifty-two week period beginning
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