Employment Support Act (S.C. 1970-71-72, c. 56)
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Act current to 2023-05-17
Employment Support Act
S.C. 1970-71-72, c. 56
Assented to 1971-10-14
An Act to support employment in Canada by mitigating the disruptive effect on Canadian industry of the imposition of foreign import surtaxes or other actions of a like effect
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1 This Act may cited as the Employment Support Act.
2 In this Act,
- assistance period
assistance period means any period in relation to which a grant may be authorized under this Act; (période d’assistance)
Board means the Employment Support Board established under this Act; (Commission)
grant means an employment support grant authorized under this Act; (subvention)
manufacturer means a person, firm or corporation operating an activity in Canada whereby any goods, products, commodities or wares
(a) are made, fabricated or refined out of raw material or other substance or combination thereof,
(b) are converted or rebuilt, or
(c) are made by causing any raw material or other substance to undergo a significant chemical, bio-chemical or physical change including change that preserves or improves the keeping qualities of that raw material or other substance but excluding change by growth or decay; (fabricant)
Minister means the Minister of Industry; (Ministre)
plant means the premises on which are situated the fixtures, implements, machinery or apparatus used in carrying on any activity of a manufacturer; (usine)
prescribed means prescribed by regulations made under this Act. (prescrit)
- 1995, c. 1, s. 39
Purpose of Act
3 The purpose of this Act is to provide a means to support levels of employment in Canadian industry when other countries impose temporary import surtaxes or take other actions having a like effect that adversely affect employment in Canadian industry.
Provision of Moneys
Marginal note:Payment out of C.R.F.
4 (1) The amounts required for the purposes of making grants under this Act in the fiscal year 1971-72 shall be paid out of the Consolidated Revenue Fund.
(2) The aggregate of all amounts expended pursuant to subsection (1) shall not exceed eighty million dollars.
Marginal note:Administration expenses
5 Amounts required to defray the expenses of administering this Act in the fiscal year 1971-72 shall be paid out of the Consolidated Revenue Fund but the aggregate of all such amounts shall not exceed three hundred thousand dollars.
Employment Support Board
Marginal note:Constitution of Board
6 (1) A Board is hereby established to be known as the Employment Support Board consisting of not more than seven members to be appointed by the Governor in Council.
Marginal note:Public Service members
(2) Not more than two-thirds of the members of the Board at any time may be members of the Public Service within the meaning of the Public Service Employment Act but a vacancy occurring in the membership of the Board that has the effect of temporarily reducing the number of members of the Board who are not members of the Public Service below one-third of the members of the Board does not invalidate the constitution of the Board or impair the right of the members to act if the number of members is not less than a quorum.
(3) The Chairman of the Board shall be appointed by the Governor in Council from among those members of the Board who are not members of the Public Service.
Marginal note:Alternate members
(4) Where a member of the Public Service has been appointed to the Board pursuant to subsection (2), the Minister presiding over the department in which that member is employed may designate one or more persons holding a senior position in that department to be an alternate member of the Board, who may exercise all the powers, duties and functions of the member in the event of the absence or temporary inability to act of the member for whom he has been designated an alternate.
(5) The Governor in Council shall determine the emoluments to be paid and the expenses to be allowed to the members of the Board who are not members of the Public Service.
7 (1) The Board shall meet at such times and conduct its proceedings in such manner as may seem to it most convenient for the speedy despatch of business.
(2) Three members of the Board constitute a quorum.
(3) The Chairman shall preside at any sittings of the Board at which he is present and shall designate one of the other members to preside at any sittings of the Board at which he is not present.
Marginal note:Administering grants
8 (1) Subject to the regulations and the direction of the Minister, the Board shall administer the grants authorized under this Act and shall perform such other duties and functions as the Minister may assign to it.
(2) In carrying out its duties and functions under this Act, the Board shall use the staff and facilities of the Department of Industry, Trade and Commerce and, to the extent deemed necessary by the Board, may, on the direction of the Governor in Council, make use of such other services of the Government of Canada as are available and required by it.
9 Subject to the regulations, the Board may make such rules as may be necessary for the conduct of its meetings, the management of its affairs and the performance of its duties and functions and may do all things that are necessary or proper to carry out its duties and functions under this Act.
10 The Board shall keep such records and books and make such reports on its activities from time to time as the Minister may require.
Employment Support Grants
11 Upon application therefor to the Board by a manufacturer who establishes that the work force at his plant is or is likely to be significantly reduced through lay-offs during a specified period by reason of the application of measures taken by other countries in respect of imports therein from Canada, the Board may, subject to this Act and the regulations, authorize the payment to the manufacturer of an employment support grant pursuant to this Act in respect of any prescribed assistance period determined by the Board in respect of that manufacturer.
Marginal note:Amount of grant
12 The amount of any grant that may be authorized by the Board to a manufacturer shall neither exceed such amount as may be prescribed nor be greater than any lesser amount that, in the opinion of the Board, would be adequate to maintain employment by the manufacturer throughout the prescribed assistance period at such levels as those prescribed or specified by the Board, as the case may be.
Marginal note:Levels to be maintained
13 No grant shall be paid to a manufacturer in respect of a plant or otherwise for an assistance period unless at the termination of the assistance period, the Board is satisfied that, to the extent that in the opinion of the Board was possible under the circumstances, the manufacturer has maintained the level of employment throughout the assistance period in accordance with the specifications of the Board or at prescribed levels if the Board did not specify any levels of employment for that manufacturer.
Marginal note:Factors to be considered
14 The Board in considering an application by a manufacturer for a grant in respect of a plant or otherwise shall take into account all relevant factors including
(a) the levels of employment and production at other plants in Canada of the manufacturer or of any persons associated or affiliated with the manufacturer, and
(b) the prices paid by the manufacturer to suppliers for goods that enter into the cost of production of the manufacturer.
Marginal note:Special case
15 (1) Where a manufacturer who makes an application under this Act for a grant is unable to comply with any regulations applicable in his case and the Board is of the opinion that a grant to the manufacturer would not be outside the purposes of this Act, as described in section 3, the Board may, having regard to the purposes of this Act, recommend to the Governor in Council that a grant be authorized under this Act for that manufacturer.
Marginal note:Special grant
(2) If, following a recommendation under subsection (1), the Governor in Council so directs, the Board may authorize payment of a grant to the manufacturer for an assistance period in such amount as it considers appropriate for the purpose of maintaining employment at a plant of the manufacturer, subject to such terms and conditions, if any, as may be set out in the directions of the Governor in Council.
Marginal note:Time of payment
16 (1) Subject to subsection (2), payment of a grant authorized by the Board to a manufacturer in respect of a plant of the manufacturer or otherwise for an assistance period shall not be made until the termination of such assistance period.
(2) Notwithstanding section 13, the Board may, if in its opinion circumstances so warrant, authorize payments to a manufacturer during the assistance period of the manufacturer of amounts on account of the grant payable in respect of that assistance period.
Marginal note:How payment made
17 Where the Board authorizes the payment of a grant, or the payment of any amount on account of a grant, to a manufacturer, the amount so authorized shall be paid by the Receiver General on the requisition of the Minister.
18 The Governor in Council may make regulations
(a) respecting the assistance period or periods in respect of which grants may be paid or applied under this Act;
(b) respecting the level or levels of employment that are to be maintained during any prescribed assistance period as a qualification for a grant under this Act;
(c) respecting the information to be submitted with applications for grants or to be required for the purposes of such applications;
(d) respecting the manner or means in or by which the amounts of any grants shall be computed, which, so far as practicable, shall be related to the extent of the adverse effects incurred by a manufacturer by reason of the imposition of foreign import surtaxes or the taking of other foreign actions having a like effect;
(e) prescribing the matters that shall be taken into account in considering whether a manufacturer qualifies for a grant under this Act; and
(f) generally, respecting any matter or thing necessary to effect the purposes of this Act.
19 Any payment made to a manufacturer as or on account of a grant to which the manufacturer was not entitled under this Act or the regulations shall be repaid to the Receiver General by the manufacturer and may be recovered from the manufacturer at any time as a debt due to Her Majesty in right of Canada.
20 For greater certainty, any amount paid to a manufacturer as a grant under this Act shall, for the purposes of the Income Tax Act, be included in computing the income of the manufacturer from carrying on his business for his taxation year in which the amount was received by him.
Marginal note:Annual report
21 The Minister shall as soon as possible after the end of each annual quarter prepare a report on the administration of this Act during that annual quarter and shall cause such report to be laid before Parliament forthwith upon the completion thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.
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