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

Act current to 2021-03-23 and last amended on 2013-12-12. Previous Versions

Labour Adjustment Benefits (continued)

Marginal note:Deemed benefit

  •  (1) Where a qualified employee to whom labour adjustment benefits are payable has, after his effective date of lay-off and before the commencement of those benefits, received a lump sum payment, under or in respect of an employer pension plan, earned by the employee as a result of an office or employment in the Canadian establishment from which he was laid off, the payment is deemed to be a benefit referred to in subparagraph 21(1)(b)(i).

  • Marginal note:Report of earnings

    (2) A qualified employee to whom labour adjustment benefits are being paid shall submit to the Commission a report, in such form and manner and at such times as the Commission may direct, setting out the amounts received by the employee in the period to which the report relates as remuneration, income, benefits, pension or allowance described in paragraph 21(1)(a) or (b) and such other information as the Commission may require.

  • Marginal note:Failure to comply

    (3) Notwithstanding any other provision of this Act, a qualified employee who fails to comply with a requirement under subsection (2) that has not been waived under subsection (4) is not qualified to receive labour adjustment benefits as long as the failure to comply continues.

  • Marginal note:Waiver or variation of requirement

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

  • 1980-81-82-83, c. 89, s. 17, c. 169, s. 7

Marginal note:Benefits not assignable

 Labour adjustment benefits are not capable of being assigned, charged, attached, anticipated or given as security and, subject to subsections 22(1) and 26(1), any transaction purporting to assign, charge, attach, anticipate or give as security any of those benefits is void.

  • R.S., 1985, c. L-1, s. 23
  • 2001, c. 4, s. 97(F)

Administration and Enforcement

Marginal note:False or misleading statements

  •  (1) Where the Board becomes aware of facts establishing, in its opinion, that a person, in relation to an application under section 11, has made a statement or representation that he knew to be false or misleading or has participated or acquiesced in the making of such a statement or representation, the Board may revoke the certification of any employee named in the application.

  • Marginal note:Notification of intention

    (2) Before the Board revokes the certification of an employee pursuant to subsection (1), it shall notify the employee in writing of its intention to do so.

  • Marginal note:Right to make written representations

    (3) An employee who is notified pursuant to subsection (2) may within thirty days after the date of the notice, or within such further time as the Board may allow, make representations in writing to the Board with respect to the proposed revocation of his certification.

  • Marginal note:Notification of decision

    (4) Where the Board revokes the certification of an employee pursuant to subsection (1), it shall notify the employee and the Commission in writing of the revocation.

  • Marginal note:Limitation

    (5) Notwithstanding any other provision of this Act, a qualified employee whose certification is revoked pursuant to subsection (1) is not qualified at any time before or after the revocation to receive labour adjustment benefits by virtue of the revoked certification.

  • Marginal note:Idem

    (6) No certification shall be revoked pursuant to subsection (1) more than seventy-two months after the date on which the false or misleading statement was made.

  • Marginal note:Recertification not precluded

    (7) Nothing in this section shall be construed as preventing an employee whose certification is revoked pursuant to subsection (1) from re-applying to, and being certified by, the Board under section 11.

  • 1980-81-82-83, c. 89, s. 19

Marginal note:Reconsideration in respect of amounts repayable

  •  (1) Subject to subsection (5), the Commission may, at any time within twelve months after labour adjustment benefits have been paid to a person, reconsider

    • (a) any application he made under section 13,

    • (b) any information he provided in the course of a review under subsection 16(1), or

    • (c) any report he submitted under subsection 22(2)

    and, if the Commission decides that the person has received, in consequence of that application, information or report, labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, the Commission shall calculate the amount of such benefits or excess and shall notify the person in writing of its decision.

  • Marginal note:Reconsideration in respect of amounts payable

    (2) The Commission may, at any time within thirty-six months after labour adjustment benefits would have been payable to a person, reconsider

    • (a) any application he made under section 13,

    • (b) any information he provided in the course of a review under subsection 16(1), or

    • (c) any report he submitted under subsection 22(2)

    and, if the Commission decides that the person has not received labour adjustment benefits for which he was qualified or has received less than the benefits payable to him, the Commission shall calculate the amount of such benefits or deficiency and shall notify the person in writing of its decision.

  • Marginal note:Amount repayable

    (3) If the Commission decides that a person has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, the amount of such benefits or excess as calculated pursuant to subsection (1) is an amount repayable under section 26 and, for the purposes of subsection 26(2), the date of the notice of the decision is the date on which liability arises.

  • Marginal note:Amount payable

    (4) If the Commission decides that a person has not received labour adjustment benefits for which he was qualified or has received less than the benefits payable to him, the amount of such benefits or deficiency as calculated pursuant to subsection (2) is the amount payable to that person.

  • Marginal note:Extension

    (5) Where, in the opinion of the Commission, a false or misleading statement or representation has been made in connection with any application, information or report referred to in subsection (1), the Commission may, at any time within seventy-two months after labour adjustment benefits have been paid to a person, reconsider the application, information or report under that subsection.

  • 1980-81-82-83, c. 89, s. 20

Marginal note:Liability for overpayments

  •  (1) Where a person has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, he is liable to repay an amount equal to the amount of those benefits or excess, as the case may be, and that amount is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided by the Employment Insurance Act in respect of the recovery of amounts paid as benefits under that Act.

  • Marginal note:Limitation

    (2) No amount due as a debt under subsection (1) may be recovered more than seventy-two months after the date on which the liability arose.

  • R.S., 1985, c. L-1, s. 26
  • 1996, c. 23, s. 187

Marginal note:Return of overpayments

 A person who has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him shall forthwith return to the Commission the amount of such benefits or excess, as the case may be.

  • 1980-81-82-83, c. 89, s. 22

Marginal note:Powers of officers of Board

  •  (1) An officer of the Board authorized pursuant to subsection (4) may at any reasonable time enter any premises or place, other than a private dwelling or any part of any premises or place that is designed to be used and is being used as a permanent or temporary private dwelling, where he believes on reasonable grounds any employee was employed and may make such examination and inquiry as may be necessary to determine whether or not the employee is eligible to apply to the Commission for labour adjustment benefits.

  • Marginal note:Powers of employees of Department of Employment and Social Development

    (2) An employee of the Department of Employment and Social Development authorized pursuant to subsection (5) may at any reasonable time enter any premises or place, other than a private dwelling or any part of any premises or place that is designed to be used and is being used as a permanent or temporary private dwelling, where he or she believes on reasonable grounds any employee was employed and may make such examination and inquiry as may be necessary to determine whether or not the employee is qualified to receive labour adjustment benefits.

  • Marginal note:Information

    (3) The following persons, namely,

    • (a) any person who is occupying any premises or place described in subsection (1) or (2), every person found therein and the servants or agents of the occupier,

    • (b) any person who can reasonably be considered to be or have been an employer of an employee, the servants and agents of that person and the trustees in bankruptcy, administrators or liquidators concerned with that person’s estate, and

    • (c) any person who has been employed by, or has acted as agent for, any person described in paragraph (a) or (b)

    shall forthwith on being requested by an officer referred to in subsection (1) or (2), whether orally or in writing, produce to the officer or any person designated by the officer all such documents or other information relating to the administration of this Act as the officer requests.

  • Marginal note:Authorization by Minister

    (4) The Minister, on the request of the Board, may, in writing, authorize any officer of the Board to exercise the powers conferred by subsection (1) in respect of any particular employee or employees named or described in the authorization and to administer or receive any oath, solemn affirmation or statutory declaration required to be given pursuant to this section in respect thereof, and, on entering any premises or place referred to in that subsection, the officer shall, if so requested, produce the authorization to the person in charge of the premises or place.

  • Marginal note:Authorization by Minister

    (5) The Minister, on the request of the Commission, may, in writing, authorize any employee of the Department of Employment and Social Development to exercise the powers conferred by subsection (2) in respect of any particular employee or employees named or described in the authorization and to administer or receive any oath, solemn affirmation or statutory declaration required to be given pursuant to this section in respect thereof, and, on entering any premises or place referred to in that subsection, the employee shall, if so requested, produce the authorization to the person in charge of the premises or place.

  • Marginal note:Powers of Commissioner

    (6) Every officer authorized to receive or administer any oath, solemn affirmation or statutory declaration pursuant to subsection (4) or (5) has for those purposes all the powers of a commissioner for administering oaths or affidavits.

  • R.S., 1985, c. L-1, s. 28
  • 1996, c. 11, s. 64
  • 2005, c. 34, s. 79
  • 2013, c. 40, s. 237
 
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