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Labour Adjustment Benefits Act (R.S.C., 1985, c. L-1)

Act current to 2021-04-05 and last amended on 2013-12-12. Previous Versions

Labour Adjustment Review Board (continued)

Marginal note:Chairman and Vice-Chairman

  •  (1) The Minister shall designate one member of the Board to be Chairman of the Board and another member to be Vice-Chairman of the Board.

  • Marginal note:Absence or incapacity of Chairman

    (2) If the Chairman of the Board is absent or unable to act or if that office is vacant, the Vice-Chairman of the Board may exercise all the powers and carry out all the duties and functions of the Chairman.

  • Marginal note:Chief executive officer

    (3) The Chairman of the Board is the chief executive officer of the Board and has supervision over and direction of the work and staff of the Board and shall preside at meetings of the Board.

  • 1980-81-82-83, c. 89, s. 6

Marginal note:Head Office

  •  (1) The head office of the Board shall be at such place in Canada as the Governor in Council may, by order, designate.

  • Marginal note:Sittings

    (2) The Board may sit at such time and at such place in Canada as it considers necessary or desirable for the proper conduct of its business.

  • Marginal note:Rules

    (3) The Board may make rules respecting

    • (a) the sittings of the Board;

    • (b) the manner of dealing with matters and business before the Board; and

    • (c) the exercise of the powers and performance of the duties and functions of the Board generally.

  • Marginal note:Staff

    (4) The Minister may, on request of the Board, provide the Board with such professional, technical, secretarial, clerical and other assistance as is necessary for the proper conduct of the business of the Board.

  • 1980-81-82-83, c. 89, s. 7

Marginal note:Powers and duties

 The Board shall exercise such powers and perform such duties and functions as are conferred or imposed on it by, or as may be incidental to the attainment of the objects of, this Act.

  • 1980-81-82-83, c. 89, s. 8

Entitlement to Labour Adjustment Benefits

Marginal note:Entitlement to benefits

 Labour adjustment benefits are payable as provided in this Act to any qualified employee.

  • 1980-81-82-83, c. 89, s. 9

Certification by Board

Marginal note:Application for certification

  •  (1) Any employee who has been laid off may apply, directly or through an employer, trade union or any person, to the Board for certification that he is eligible to apply to the Commission for labour adjustment benefits.

  • Marginal note:Form and content of application

    (2) An application under subsection (1) shall be submitted in such form and manner as the Board may direct and shall set out the name of the employee in respect of whom the application is being made and such other information as the Board may require.

  • Marginal note:Investigation

    (3) On receipt of an application under subsection (1), the Board shall carry out such investigation as it considers necessary for the purpose of determining the eligibility of the employee named in the application to apply to the Commission for labour adjustment benefits and for that purpose the Board shall determine the date the employee was laid off.

  • Marginal note:Decision on application

    (4) On completion of its investigation under subsection (3), the Board shall determine whether or not the employee is eligible to apply to the Commission for labour adjustment benefits and shall notify the applicant in writing of its decision.

  • Marginal note:Certification

    (5) Where the Board determines pursuant to subsection (4) that an employee is eligible to apply to the Commission for labour adjustment benefits, it shall so certify in writing to the Commission.

  • Marginal note:Content of certification

    (6) Certification under subsection (5) shall be submitted in such form and manner as the Commission may direct and shall set out the name of the employee certified, his effective date of lay-off and such other information respecting the lay-off of the employee as the Commission may require.

  • 1980-81-82-83, c. 89, s. 10
  • 1984, c. 40, s. 79(E)

Marginal note:Requirements for certification

 The Board may certify that an employee named in an application under section 11 is eligible to apply to the Commission for labour adjustment benefits if

  • (a) he was laid off;

  • (b) the Canadian establishment from which he was laid off was, at the time of his lay-off, part of a designated industry;

  • (c) the number of employees at the Canadian establishment referred to in paragraph (b) was reduced as a result of lay-offs, in any twelve month period including the employee’s effective date of lay-off, by at least ten per cent or fifty employees, whichever is the lesser; and

  • (d) his lay-off resulted from the economic adjustment referred to in subsection 3(2) or (3), as the case may be.

  • 1980-81-82-83, c. 89, s. 11, c. 169, s. 4
  • 1984, c. 40, s. 79(E)

Application to Commission

Marginal note:Eligible applicants

  •  (1) An employee who has been certified under section 11 may apply to the Commission for labour adjustment benefits.

  • Marginal note:Form and content of application

    (2) An application under subsection (1) shall be submitted in such form and manner as the Commission may direct and shall set out such information as the Commission may require.

  • Marginal note:Attendance

    (3) For the purposes of this section, the Commission may require an applicant to attend at a suitable time and place in order to make an application in person or to provide information required under subsection (2).

  • Marginal note:Investigation

    (4) On receipt of an application under subsection (1), the Commission shall carry out such investigation as it considers necessary for the purpose of determining whether or not the applicant is qualified to receive labour adjustment benefits.

  • Marginal note:Decision on application

    (5) Subject to subsection (6), on completion of its investigation under subsection (4), the Commission shall determine whether or not the applicant is qualified to receive labour adjustment benefits and shall notify him in writing of its decision.

  • Marginal note:Reference to Social Security Tribunal

    (6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the General Division of the Social Security Tribunal for a decision on it.

  • Marginal note:Proceedings before Social Security Tribunal

    (7) If an application or question is referred to the General Division of the Social Security Tribunal under subsection (6), the Tribunal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Employment and Social Development Act.

  • Marginal note:Failure to comply with requirements

    (8) Notwithstanding any other provision of this Act, an applicant who fails to comply with a requirement under subsection (2) or (3) that has not been waived under subsection (9) is not qualified to receive labour adjustment benefits as long as such failure to comply continues.

  • Marginal note:Waiver or variation of requirement

    (9) The Commission may waive or vary any requirement under subsection (2) or (3) if in its opinion the circumstances warrant such waiver or variation for the benefit of the applicant in a particular case or class or group of cases.

  • R.S., 1985, c. L-1, s. 13
  • 1996, c. 23, s. 187
  • 2012, c. 19, s. 274
  • 2013, c. 40, s. 236

Qualification for Benefits

Marginal note:Qualifications for benefits

  •  (1) The Commission may determine that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits if

    • (a) the employee is a Canadian citizen resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

    • (b) he has had at least ten years of employment in the relevant designated industry in the fifteen years immediately preceding his effective date of lay-off;

    • (c) he was, on his effective date of lay-off, not less than fifty-four years of age but under sixty-five years of age;

    • (d) the employee has claimed and exhausted all benefits under Part I of the Employment Insurance Act to which the employee was entitled subsequent to his or her lay-off;

    • (e) he has not attained sixty-five years of age; and

    • (f) he has no present prospect of employment, whether with or without training or relocation assistance, or has accepted employment with earnings that are less than his average weekly insurable earnings.

  • Marginal note:Idem

    (2) Notwithstanding subsection (1), where the Commission is of the opinion that an employee certified under section 11 who would be qualified under subsection (1) to receive labour adjustment benefits but for the requirements set out in paragraphs (1)(b) and (c) or either paragraph will suffer severe financial hardship unless he receives those benefits, the Commission may determine that the employee is qualified to receive labour adjustment benefits if

    • (a) he meets the requirements set out in paragraphs (1)(a), (d), (e) and (f);

    • (b) the aggregate of

      • (i) his age on his effective date of lay-off, and

      • (ii) his years of employment in the relevant designated industry preceding his effective date of lay-off

      equals eighty or more; and

    • (c) he was, on his effective date of lay-off, under sixty-five years of age.

  • Marginal note:Idem

    (3) Notwithstanding subsection (1), where an employee certified under section 11 would be qualified under subsection (1) to receive labour adjustment benefits but for the requirement set out in paragraph (1)(b), the Commission may determine that the employee is qualified to receive labour adjustment benefits if he shows that he is in substantial compliance with the requirement and that he does not meet such requirement by reason only of illness, disability, lay-off or any other good cause whatever.

  • Marginal note:Definitions

    (4) In this section,

    relevant designated industry

    relevant designated industry, in respect of an employee, means the designated industry that included, at the time of his lay-off, the Canadian establishment from which the employee was laid off; (secteur d’activités désigné en question)

    year of employment

    year of employment, in respect of an employee, means a year in which the employee was paid for at least one thousand hours of employment. (année d’emploi)

  • R.S., 1985, c. L-1, s. 14
  • 1996, c. 23, s. 178
  • 2001, c. 27, s. 260
 
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