Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Marginal note:2017, c. 20

624 On the first day on which both section 535 of this Act is in force and section 395 of the Budget Implementation Act, 2017, No 1 has produced its effects, paragraph 46(2)(c) of the Hazardous Materials Information Review Act is replaced by the following:

Coming into Force

Marginal note:2017, c. 20, s. 377

625 This Subdivision comes into force on the first day on which both section 441 of this Act and section 377 of the Budget Implementation Act, 2017, No. 1 are in force.

DIVISION 162005, c. 47, s. 1Wage Earner Protection Program Act

Amendments to the Act

626 The long title of the Wage Earner Protection Program Act is replaced by the following:

• 627 (1) Subparagraph (a)(ii) of the definition eligible wages in subsection 2(1) of the Act is replaced by the following:

  • (ii) the period beginning on the day that is six months before one of the following days and ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer:

    • (A) the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed,

    • (B) the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced; and

• (2) Paragraph (a) of the definition eligible wages in subsection 2(1) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after subparagraph (ii):

  • (iii) the period beginning on the day that is six months before one of the following days and ending on the day on which a court makes a determination under subsection 5(5):

    • (A) the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed,

    • (B) the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced; and

• (3) Paragraph (b) of the definition eligible wages in subsection 2(1) of the Act is replaced by the following:

  • (b) termination pay and severance pay that relate to employment that ended

    • (i) during the period referred to in paragraph (a), or

    • (ii) during the period beginning on the day after the day on which the period referred to in paragraph (a) ends and ending on the day on which the trustee is discharged or the receiver completes their duties, as the case may be. (salaire admissible)

• (4) Section 2 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Precision

    (1.1) For the purpose of the definition eligible wages, a proposal does not include a proposal for which a certificate is given under section 65.3 of the Bankruptcy and Insolvency Act and a notice of intention to make a proposal does not include a notice of intention in respect of a proposal for which such a certificate is given.

• (5) Section 2 of the Act is amended by adding the following after subsection (1.1):

  • Marginal note:Meaning of trustee

    (1.2) In this Act, trustee includes a monitor as defined in subsection 2(1) of the Companies’ Creditors Arrangement Act.

• (6) Paragraph 2(5)(a) of the French version of the Act is replaced by the following:

  • a) pour l’application de l’alinéa 6d), il est réputé n’exister aucun lien de dépendance si le ministre est convaincu, compte tenu des circonstances, notamment des modalités d’emploi de la personne physique auprès de son ancien employeur, de sa rétribution, ainsi que de la durée, la nature et l’importance du travail accompli, qu’il est raisonnable de conclure que celle-ci a conclu avec lui un contrat de travail en substance pareil à celui qu’elle aurait conclu n’eût été le lien de dépendance;

628 Section 4 of the Act is replaced by the following:

• 629 (1) Paragraph 5(b) of the Act is replaced by the following:

  • (b) one of the following applies:

    • (i) the former employer is bankrupt,

    • (ii) the former employer is subject to a receivership,

    • (iii) the former employer is the subject of a foreign proceeding that is recognized by a court under subsection 270(1) of the Bankruptcy and Insolvency Act and

      • (A) the court determines under subsection (2) that the foreign proceeding meets the criteria prescribed by regulation, and

      • (B) a trustee is appointed, or

    • (iv) the former employer is the subject of proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act and a court determines under subsection (5) that the criteria prescribed by regulation are met; and

• (2) Section 5 of the Act is renumbered as subsection 5(1) and is amended by adding the following:

  • Marginal note:Prescribed criteria — foreign proceeding

    (2) On application by any person, a court may, in a proceeding under Part XIII of the Bankruptcy and Insolvency Act, determine that the foreign proceeding meets the criteria prescribed by regulation. If the court determines that the foreign proceeding meets the prescribed criteria, the court may appoint a trustee for the purposes of this Act.

  • Marginal note:Employment in Canada

    (3) An individual who is eligible to receive a payment because of subparagraph (1)(b)(iii) is only eligible to receive a payment in respect of eligible wages earned for employment in Canada and termination pay and severance pay that relate to that employment.

  • Marginal note:Deemed bankruptcy

    (4) For the purposes of this Act, if all of the conditions set out in subparagraph (1)(b)(iii) are met, the former employer is deemed to be bankrupt and the date of the bankruptcy is deemed to be the day on which all of those conditions are met.

  • Marginal note:Prescribed criteria — other proceedings

    (5) On application by any person, a court may, in proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act, determine that the former employer meets the criteria prescribed by regulation.