Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

Marginal note:Business numbers — Minister of Labour

19.01 The Minister of Labour may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.

Marginal note:Business numbers — Commission

24.1 The Commission may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement of the Employment Insurance Act.

Marginal note:Designation of investigators

• 28.5 (1) The Minister or the Commission may designate as an investigator for the purpose of enforcing section 28.4 any person, or class of persons, that the Minister or the Commission considers qualified.

• Marginal note:Territorial jurisdiction

  (2) An information or complaint about an offence under this Part may be heard, tried or determined by any provincial court judge, as defined in section 2 of the Criminal Code, if the accused is resident, carrying on business, found, apprehended or in custody in the judge’s territorial jurisdiction regardless of whether or not the matter of the information or complaint arose in that jurisdiction.

• Marginal note:Limitation period

  (3) Proceedings in respect of an offence under this Part may be commenced at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose.

service delivery program

service delivery program means a program for the provision of a service or facility referred to in subparagraph 5.1(1)(a)(i), including the performance of its related activities. (programme de prestation de services)

Marginal note:Service delivery programs

• 34.1 (1) Information may be made available to any person or body for the administration of the service delivery program under which that information was obtained or prepared.

• Marginal note:Co-administered programs

  (2) Information obtained or prepared under a program the administration or enforcement of which is the responsibility, under an Act of Parliament, of the Minister and one or more partner entities may be made available to that entity or those entities for the administration or enforcement of that program.

• Marginal note:Other programs

  (3) Information obtained or prepared under a program, other than a service delivery program, that is related to the provision of a service or facility referred to in subsection 5.1(1) may be made available to any person or body for the administration or enforcement of the program under which it was obtained or prepared.

• Marginal note:Application

  (4) For greater certainty, this section applies to information obtained or prepared before the day on which this subsection comes into force.

Marginal note:Non-application — information made available

• 34.2 (1) Sections 32 to 34 and 35 to 42 do not apply in respect of information that is made available under section 34.1.

• Marginal note:Non application — information obtained

  (2) Sections 33, 34, 35 to 36.2, 40 and 41 do not apply in respect of information obtained under a service delivery program.

• Marginal note:Notice of disclosure

  (2) The Minister shall, prior to the disclosure, notify the Privacy Commissioner appointed under section 53 of the Privacy Act and any affected partner entity in writing of any disclosure of information under subsection (1) if it is reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she considers it appropriate, notify the individual to whom the information relates of the disclosure.

Marginal note:Application

70.1 This Part applies to any Act, program or activity whose administration or enforcement is the responsibility of the Minister, the Minister of Labour or the Commission.

Marginal note:Powers

• 71 (1) Subject to the regulations, if the Minister, the Minister of Labour or the Commission is responsible for an Act, program or activity, that responsible Minister or Commission may administer or enforce it electronically, including for the purposes of

• (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act or regulation to which this Part applies or in the administration or enforcement of a program or activity to which this Part applies, and respecting the manner in which and the extent to which any provision of that Act or regulation, or any term or condition of that program applies to the electronic systems; and

Marginal note:Presumption

• 13.1 (1) For the purpose of determining a claimant’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week not the waiting period — the amount of the benefits that would have been payable in that week after deducting the following would be greater than zero:

  • (a) the amount of the earnings, if any, that is greater than $50, if the claimant’s rate of weekly benefits is less than $200; or

  • (b) the amount of the earnings, if any, that is greater than 25% of the claimant’s rate of weekly benefits, if that rate is $200 or more.

• Marginal note:References

  (2) For the purpose of subsection (1),

  • (a) in determining the amount of the benefits that would have been payable, the deduction referred to in subsection 19(2) is to be excluded; and

  • (b) a reference to earnings means earnings as determined for the purpose of subsection 19(2).

• Marginal note:Earnings in periods of unemployment

  (2) Subject to subsections (3), (4), 21(3) and 22(5), if the claimant has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount equal to the total of

  • (a) 50% of the earnings that are less than or equivalent to 90% of the claimant’s weekly insurable earnings, and

  • (b) 100% of the earnings that are greater than 90% of the claimant’s weekly insurable earnings.

• Marginal note:Deduction

  (3) Subject to subsection 19(3), if, as a result of illness, injury or quarantine, benefits are payable to a claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).

• Marginal note:Deduction

  (5) Subject to subsection 19(3), if benefits are payable under this section to a major attachment claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).

• Marginal note:Deduction

  (3) Subject to subsection 152.18(3), if benefits are payable under this section to a self-employed person for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the person for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).

• Marginal note:Deductions

  (4) Subject to subsection 152.18(3), if benefits are payable under this section to a self-employed person for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the person for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).

Marginal note:Presumption

• 152.151 (1) For the purpose of determining a self-employed person’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week not the waiting period — the amount of the benefits that would have been payable in that week after deducting the following would be greater than zero:

  • (a) the amount of the earnings, if any, that is greater than $50, if the person’s rate of weekly benefits is less than $200; or

  • (b) the amount of the earnings, if any, that is greater than 25% of the person’s rate of weekly benefits, if that rate is $200 or more.

• Marginal note:References

  (2) For the purpose of subsection (1),

  • (a) in determining the amount of the benefits that would have been payable, the deduction referred to in subsection 152.18(2) is to be excluded; and

  • (b) a reference to earnings means earnings as determined for the purpose of subsection 152.18(2).

• Marginal note:Earnings in periods of unemployment

  (2) Subject to subsections (3), 152.03(3) and 152.04(4), if the self-employed person has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount equal to the total of

  • (a) 50% of the earnings that are less than or equal to 90% of the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52, and

  • (b) 100% of the earnings that are greater than 90% of the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52.

• Marginal note:Excess not to be included

  (2.1) Only the portion of the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) that does not exceed the maximum yearly insurable earnings as calculated under section 4 is to be taken into account for the purpose of subsection (2).