An Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act and to make consequential amendments to other Acts (S.C. 2005, c. 47)
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Assented to 2005-11-25
AMENDMENTS TO THE COMPANIES’ CREDITORS ARRANGEMENT ACT
TRANSITIONAL PROVISIONS
Marginal note:Transitional
132. The Wage Earner Protection Program Act, as enacted by section 1, applies
(a) in respect of wages owing to an individual by an employer who becomes bankrupt after the coming into force of that section; and
(b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act after the coming into force of that section.
Marginal note:Transitional
133. The amendments to the Bankruptcy and Insolvency Act, as enacted by any of sections 2 to 123, other than section 6, apply in respect of a person
(a) who becomes bankrupt after the coming into force of that section;
(b) who files a notice of intention after the coming into force of that section;
(c) who files a proposal after the coming into force of that section without having filed a notice of intention;
(d) in respect of whom a proposal is made after the coming into force of that section without the person having filed a notice of intention;
(e) any of whose property comes under the possession or control of an interim receiver who is appointed as such after the coming into force of that section; and
(f) any of whose property comes under the possession or control of a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act after the coming into force of that section.
Marginal note:Transitional
134. The amendments to the Companies’ Creditors Arrangement Act, as enacted by sections 124 to 131, apply in respect of a debtor company in respect of whom proceedings are commenced under that Act after the coming into force of those sections.
Marginal note:Transitional
135. The person who holds office as Superintendent of Bankruptcy immediately before the day on which subsection 5(1) of the Bankruptcy and Insolvency Act, as enacted by subsection 6(1), comes into force continues to hold office for the remainder of the person’s term as though the person had been appointed under that subsection 5(1).
CONSEQUENTIAL AMENDMENTS
Canada Labour Code
136. Section 67 of the Canada Labour Code is amended by adding the following after subsection (6):
Marginal note:Revision of term
(7) Despite subsection (2), if a notice to bargain referred to in subsection 65.12(1) of the Bankruptcy and Insolvency Act has been served, the parties may agree to revise the term of the collective agreement without approval of the Board.
Marginal note:Revision of term
(8) Despite subsection (2), if a notice to bargain referred to in subsection 33(2) of the Companies’ Creditors Arrangement Act has been served, the parties may agree to revise the term of the collective agreement without approval of the Board.
Canada Pension Plan
137. Paragraph 23(2)(b) of the Canada Pension Plan is replaced by the following:
(b) subsection 224(1.2) of the Income Tax Act shall apply to employer’s contributions, employee’s contributions, and related interest, penalties or other amounts, subject to subsections 69(1), 69.1(1) and 69.2(1) of the Bankruptcy and Insolvency Act and section 11.09 of the Companies’ Creditors Arrangement Act.
Employment Insurance Act
138. Paragraph 99(b) of the Employment Insurance Act is replaced by the following:
(b) subsection 224(1.2) of the Income Tax Act shall apply to employer’s premiums, employee’s premiums, and related interest, penalties or other amounts, subject to subsections 69(1), 69.1(1) and 69.2(1) of the Bankruptcy and Insolvency Act and section 11.09 of the Companies’ Creditors Arrangement Act.
Income Tax Act
139. The portion of subsection 224(1.2) of the Income Tax Act before paragraph (a) is replaced by the following:
Marginal note:Garnishment
(1.2) Notwithstanding any other provision of this Act, the Bankruptcy and Insolvency Act, any other enactment of Canada, any enactment of a province or any law, but subject to subsections 69(1), 69.1(1) and 69.2(1) of the Bankruptcy and Insolvency Act and section 11.09 of the Companies’ Creditors Arrangement Act, if the Minister has knowledge or suspects that a particular person is, or will become within one year, liable to make a payment
COORDINATING AMENDMENT
Marginal note:Bill C-23
140. (1) Subsections (2) and (3) apply if Bill C-23, introduced in the 1st session of the 38th Parliament and entitled the Department of Human Resources and Skills Development Act (in this section, the “other Act”), receives royal assent.
(2) On the later of the day on which the other Act comes into force and the day on which this Act receives royal assent, section 27 of the Wage Earner Protection Program Act, as enacted by section 1, is replaced by the following:
Marginal note:Information to be made available to Minister
27. Despite subsection 139(5) of the Employment Insurance Act, personal information relating to an applicant that is collected or obtained by the Canada Employment Insurance Commission must, if requested by the Minister, be made available to the Minister to determine the applicant’s eligibility to receive a payment under this Act.
(3) On the later of the day on which the other Act comes into force and the day on which this Act receives royal assent, section 28 of the Wage Earner Protection Program Act, as enacted by section 1, is repealed.
COMING INTO FORCE
Marginal note:Order in council
141. (1) Sections 1, 67 and 88 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Sections 2 to 66, 68 to 87, 89 to 123 and 136 to 139 come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Order in council
(3) Sections 124 to 131 come into force on a day to be fixed by order of the Governor in Council.
- Date modified: