Fairness for the Self-Employed Act (S.C. 2009, c. 33)
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Assented to 2009-12-15
R.S., c. C-36Companies’ Creditors Arrangement Act
Marginal note:2005, c. 47, s. 126; 2007, c. 36, s. 106
27. Paragraph 6(3)(b) of the Companies’ Creditors Arrangement Act is replaced by the following:
(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts; or
Marginal note:2005, c. 47, s. 128
28. (1) The portion of paragraph 11.09(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) Her Majesty in right of Canada may not exercise rights under subsection 224(1.2) of the Income Tax Act or any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, in respect of the company if the company is a tax debtor under that subsection or provision, for the period that the court considers appropriate but ending not later than
Marginal note:2005, c. 47, s. 128
(2) Subparagraph 11.09(2)(a)(ii) of the Act is replaced by the following:
(ii) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or
Marginal note:2005, c. 47, s. 128
(3) Subparagraph 11.09(2)(b)(ii) of the Act is replaced by the following:
(ii) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or
Marginal note:2005, c. 47, s. 128
(4) Paragraph 11.09(3)(b) of the Act is replaced by the following:
(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or
Marginal note:2005, c. 47, s. 131
29. Paragraph 38(3)(b) of the Act is replaced by the following:
(b) any provision of the Canada Pension Plan or of the Employment Insurance Act that refers to subsection 224(1.2) of the Income Tax Act and provides for the collection of a contribution, as defined in the Canada Pension Plan, an employee’s premium, or employer’s premium, as defined in the Employment Insurance Act, or a premium under Part VII.1 of that Act, and of any related interest, penalties or other amounts, or
R.S. c. L-2Canada Labour Code
Marginal note:2003, c. 15, s. 27
30. (1) Paragraph (d) of the definition “family member” in subsection 206.3(1) of the Canada Labour Code is replaced by the following:
(d) any other person who is a member of a class of persons prescribed for the purposes of this definition or the definition “family member” in subsection 23.1(1) or 152.01(1) of the Employment Insurance Act.
Marginal note:2003, c. 15, s. 27
(2) The definition “qualified medical practitioner” in subsection 206.3(1) of the Act is replaced by the following:
“qualified medical practitioner”
« médecin qualifié »
“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) or 152.06(2) of the Employment Insurance Act.
Marginal note:2003, c. 15, s. 27
(3) The portion of subsection 206.3(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Shorter period
(4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) or 152.06(4) of the Employment Insurance Act,
Marginal note:2003, c. 15, s. 27
(4) Subsection 206.3(5) of the Act is replaced by the following:
Marginal note:Expiry of shorter period
(5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) or 152.14(7) of the Employment Insurance Act has elapsed.
(5) Section 206.3 of the Act is amended by adding the following after subsection (8):
Marginal note:Application
(9) The references in this section to provisions that are in Part VII.1 of the Employment Insurance Act apply only in relation to employees who are self-employed persons referred to in paragraph (b) of the definition “self-employed person” in subsection 152.01(1) of that Act.
R.S., c. O-9Old Age Security Act
Marginal note:1999, c. 22, s. 87(1)
31. Paragraph (b) of the definition “income” in section 2 of the Old Age Security Act is replaced by the following:
(b) there shall be deducted from the person’s self-employment earnings for the year
(i) the amount of contributions made in respect of those self-employed earnings by the person during the year under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act, and
(ii) the amount of premium paid by the person during the year under Part VII.1 of the Employment Insurance Act,
Marginal note:1990, c. 39, s. 57
32. Paragraph 13(b) of the Act is replaced by the following:
(b) there shall be deducted from the person’s or applicant’s self-employed earnings for that year
(i) the amount of contributions made in respect of those self-employed earnings by the person or applicant during the year under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act, and
(ii) the amount of premium paid by the person or applicant during the year under Part VII.1 of the Employment Insurance Act; and
R.S., c. T-2Tax Court of Canada Act
Marginal note:1996, c. 23, s. 184
33. Paragraph 18.29(1)(b) of the Tax Court of Canada Act is replaced by the following:
(b) Parts IV, VII and VII.1 of the Employment Insurance Act;
COORDINATING AMENDMENTS
Marginal note:2000, c. 14
34. On the first day on which both section 10 of the Budget Implementation Act, 2000 has produced its effects and subsection 7(2) of this Act is in force, subsection 23(6) of the Employment Insurance Act, as enacted by that subsection 7(2), is renumbered as subsection (7) and is repositioned accordingly if required.
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