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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

Administration and Enforcement (continued)

Marginal note:Application of sections 125 and 134 of the Employment Insurance Act

  •  (1) Sections 125 and 134 of the Employment Insurance Act apply, with such modifications as the circumstances require, in respect of any prosecution or other proceeding under this Act as though it were a prosecution or other proceeding under that Act.

  • Marginal note:Application of subsections 126(14) to (22) of the Employment Insurance Act

    (2) Subsections 126(14) to (22) of the Employment Insurance Act apply, with such modifications as the circumstances require, in respect of the administration and enforcement of this Act.

  • R.S., 1985, c. L-1, s. 29
  • 1992, c. 1, s. 92
  • 1996, c. 23, s. 182

General

Marginal note:Consultation

 The Commission may consult with the Board either generally or with respect to any particular application under this Act.

  • 1980-81-82-83, c. 89, s. 25

Marginal note:Board’s decision final

  •  (1) A decision of the Board under this Act is final and binding and is not subject to appeal to or review by any court except the Federal Court in accordance with the Federal Courts Act.

  • Marginal note:Appeal of Commission decision

    (2) Any person may, at any time within 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to him or her, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Social Security Tribunal.

  • (3) [Repealed, 2012, c. 19, s. 275]

  • Marginal note:Amendment of decision

    (4) Notwithstanding subsection (1), the Board or the Commission may rescind or amend any decision it takes under this Act on the presentation of new facts or on being satisfied that the decision was given without knowledge of, or was based on a mistake as to, some material fact.

  • R.S., 1985, c. L-1, s. 31
  • 1996, c. 23, s. 187
  • 2002, c. 8, s. 182
  • 2012, c. 19, s. 275

Marginal note:Confidential information

  •  (1) All written or oral information that is obtained by the Board or the Commission in the course of carrying out its duties under this Act is privileged and shall be made available only to persons engaged in the administration or enforcement of this Act and neither the Board, the Commission, the Minister nor any such person is compellable to give evidence relating to that information or to produce any document containing that information.

  • Marginal note:Application

    (2) Subsection (1) does not apply in respect of proceedings before any court of law relating to the administration and enforcement of this Act.

  • 1980-81-82-83, c. 89, s. 27

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) providing for the ratification of the payment, as labour adjustment benefits, of amounts to persons not qualified to receive those benefits or to persons in excess of the benefits payable to them and for the writing-off of those amounts and amounts owing under section 26 and any costs recovered against those persons;

  • (b) providing for the allocation of remuneration or income for the purposes of paragraph 21(1)(a) and the allocation of benefits, pension, allowance, remuneration or income for the purposes of paragraph 21(1)(b); and

  • (c) generally for carrying the purposes and provisions of this Act into effect.

  • 1980-81-82-83, c. 89, s. 28, c. 169, s. 10

Marginal note:Offences

 Every person who

  • (a) in relation to an application under section 11 or 13, a review under subsection 16(1) or a report under subsection 22(2), makes, or participates or acquiesces in the making of, a statement or representation that he knows to be false or misleading,

  • (b) being the payee thereof, negotiates any cheque for labour adjustment benefits for which he is not qualified, or

  • (c) contravenes or fails to comply with any provision of this Act or the regulations,

is guilty of an offence punishable on summary conviction and is liable on conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.

  • 1980-81-82-83, c. 89, s. 29

Marginal note:Payment out of C.R.F.

 Labour adjustment benefits shall be paid out of the Consolidated Revenue Fund.

  • 1980-81-82-83, c. 169, s. 11

Marginal note:Quarterly reports

  •  (1) The Minister shall, as soon as possible after March 31, June 30, September 30 and December 31 each year, prepare a report on the administration of this Act during the preceding three months including a statement showing the number, during the three months, of applications under sections 11 and 13 and of persons to whom labour adjustment benefits were paid and the Minister shall cause the report to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the day he completes it.

  • Marginal note:Information

    (2) The Board and the Commission shall, on the request of the Minister, provide the Minister with such information on the administration of this Act as he may require to prepare his report under subsection (1).

  • 1980-81-82-83, c. 89, s. 30
 
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