• Marginal note:Chief actuary

  (1.1) The employee or officer who holds the position of chief actuary shall be under the direction of the Commission in the performance of the chief actuary’s functions under section 65.3 of the Employment Insurance Act.

Marginal note:Persons who have specialized knowledge

31.1 Despite section 31, the Commission may, as it considers necessary for the purpose of assisting it in setting the premium rate under section 66 of the Employment Insurance Act, contract for the services of persons who have specialized knowledge and may fix and pay the remuneration and expenses of those persons.

• Marginal note:Limitation

  (3.5) If benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant for the same reasons under a provincial law, the benefits payable to the claimant under this Act are to be reduced or eliminated as prescribed.

PART VIII.2REGULATIONS — PROVINCIAL PLANS

Marginal note:Regulations

• 153.2 (1) Despite any other provisions of this Act, if the Government of Canada has entered into an agreement with a province in respect of a provincial law that has the effect of reducing or eliminating special benefits payable as described in subsection 69(2), the Commission may, with the approval of the Governor in Council, for the purposes of implementing the agreement and taking into account the application or effect of the provincial law, make any regulations that it considers necessary, including regulations

  • (a) respecting the manner in which and the extent to which any provision of this Act or the regulations applies; and

  • (b) adapting any provision of this Act or the regulations.

• Marginal note:Regulations

  (2) The regulations may provide for

  • (a) the making of any financial adjustments and for the crediting or charging of the amount of any of those adjustments to the Employment Insurance Account, including

    • (i) refunds of overpayments with respect to employees’ premiums,

    • (ii) adjustment payments between the prov­ince and the Government of Canada with respect to premiums, and

    • (iii) reimbursement by the province of benefits paid by the Government of Canada in accordance with any administrative agreement between the province and the Government of Canada;

  • (b) the exchange of any information obtained under the provincial law or this Act; and

  • (c) the administration of benefits payable under this Act to persons employed or residing in the province or who have made a claim under the provincial law, and the increase or decrease in the amount of benefits payable and in the number of weeks for which benefits may be paid under this Act to and in respect of those persons.

Marginal note:Group insurance and benefit programs

• 7.1 (1) The Treasury Board may establish or modify any group insurance or other benefit programs for employees of the public service of Canada and any other persons or classes of persons it may designate to be members of those programs, may take any measure necessary for that purpose, including contracting for services, may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management, control and expenditures and may audit and make payments in respect of those programs, including payments relating to premiums, contributions, benefits and other expenditures.

• Marginal note:Remainder of Act does not apply

  (2) This Act, other than this section, does not apply to any contributions or other payments made or premiums paid by the Treasury Board or the members in respect of any program established or modified pursuant to subsection (1) or any benefits received by the members of such a program.

Marginal note:Incorporation by letters patent

• 7.2 (1) On the recommendation of the National Joint Council of the Public Service, the President of the Treasury Board may issue letters patent of incorporation that take effect on the date stated in them for a corporation without share capital that is charged with the administration of any group insurance or benefit program described in subsection 7.1(1).

• Marginal note:Content of letters patent

  (2) The letters patent must set out

  • (a) the name of the corporation;

  • (b) the programs described in subsection 7.1(1) in respect of which the corporation is charged with the administration;

  • (c) the objects and powers of the corporation necessary for it to fulfil its purpose under subsection (1);

  • (d) the appointment and the operations of the corporation’s board of directors;

  • (e) the corporation’s reporting obligations;

  • (f) the corporation’s obligations with respect to audits of its accounts and financial transactions by an independent auditor;

  • (g) the code of conduct for the corporation’s directors and officers; and

  • (h) any other provision that is necessary to fulfil the corporation’s purpose.

• Marginal note:Supplementary letters patent

  (3) The President of the Treasury Board may, on the recommendation of the National Joint Council of the Public Service, after consulting with the board of directors, issue supplementary letters patent amending the corporation’s letters patent and the supplementary letters patent take effect on the date stated in them.

• Marginal note:Statutory Instruments Act

  (4) The corporation’s letters patent and supplementary letters patent are not regulations within the meaning of the Statutory Instruments Act. However, they must be published in the Canada Gazette.

• Marginal note:Capacity of a natural person

  (5) The corporation has, subject to its letters patent and this Act, the capacity of a natural person.

• Marginal note:Status of corporation

  (6) The corporation is neither a Crown corporation nor an agent of Her Majesty.

Marginal note:Board of directors

7.3 The corporation’s board of directors consists of

• (a) one director appointed by the President of the Treasury Board, on the recommendation of the National Joint Council of the Public Service, who is the chairperson;

• (b) one director appointed by the President of the Treasury Board, on the recommendation of the National Joint Council of the Public Service, who, in the opinion of the President, represents the pensioners;

• (c) four directors appointed by the President of the Treasury Board; and

• (d) four directors appointed by that portion of the National Joint Council of the Public Service that represents the employees.

Marginal note:Regulations

7.4 The Treasury Board may make regulations respecting the governance of the corporation, including regulations that adapt any provisions of the Canada Business Corporations Act and the Canada Corporations Act and any regulations made under those Acts for the purpose of applying those provisions as adapted to the corporation.