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Wage Earner Protection Program Act (S.C. 2005, c. 47, s. 1)

Act current to 2020-12-28 and last amended on 2019-07-29. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2018, c. 27, s. 626

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

      An Act to establish a program to provide for payments to individuals in respect of wages owed to them by employers who are insolvent

  • — 2018, c. 27, s. 627(2)

      • 627 (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

  • — 2018, c. 27, s. 627(5)

  • — 2018, c. 27, s. 628

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

      • Establishment

        4 The Wage Earner Protection Program is established to provide for payments to individuals in respect of wages owed to them by employers who are insolvent.

  • — 2018, c. 27, s. 629

      • 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:

        • 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.

        • 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.

        • 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.

        • 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.

  • — 2018, c. 27, s. 631(2)

      • 631 (2) Section 7 of the Act is replaced by the following:

        • Amount of payment
          • 7 (1) The amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of an amount equal to seven times the maximum weekly insurable earnings under the Employment Insurance Act.

          • Reduction

            (1.1) Except in the circumstances prescribed by regulation, the amount that may be paid under this Act to an individual is to be reduced by any amounts provided for by regulation.

          • Greatest amount

            (2) If more than one situation that is described in paragraph 5(1)(b) applies to the former employer, the amount that may be paid is the greatest of the amounts determined in respect of each of those situations.

  • — 2018, c. 27, s. 639

    • 639 Sections 22 and 22.1 of the Act are replaced by the following:

      • Fees and expenses

        22 Subject to section 22.1, the trustee’s or receiver’s fees and expenses, in relation to the performance of their duties under this Act, are to be paid out of the estate of the bankrupt employer or the property of the insolvent employer or by the insolvent employer.

      • Minister to pay fees and expenses

        22.1 The Minister shall, in the circumstances prescribed by regulation, pay any fees or expenses of the trustee or receiver that are prescribed by regulation in relation to the performance of their duties under this Act or the performance of their duties and functions or the exercise of their powers under the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act.

  • — 2018, c. 27, ss. 648(1), (2)

      • 648 (1) Paragraph 41(b) of the Act is replaced by the following:

        • (b) prescribing reasons for the purposes of paragraph 5(1)(a);

        • (b.1) prescribing criteria for the purposes of subsections 5(2) and (5);

      • (2) Paragraph 41(d) of the Act is replaced by the following:

        • (d) prescribing circumstances and providing for amounts for the purposes of subsection 7(1.1);

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