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

Act current to 2013-05-26 and last amended on 2012-06-29. Previous Versions

Labour Adjustment Benefits Act

R.S.C., 1985, c. L-1

An Act to provide for the payment of benefits to laid-off employees

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Labour Adjustment Benefits Act.

  • 1980-81-82-83, c. 89, s. 1.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “average weekly insurable earnings”

    « rémunération hebdomadaire assurable moyenne »

    “average weekly insurable earnings”, in respect of an employee, means the weekly average of the employee’s insurable earnings, as determined under the Employment Insurance Act;

    “Board”

    « Office »

    “Board” means the Labour Adjustment Review Board established by section 6;

    “board of referees”

    “board of referees”[Repealed, 2012, c. 19, s. 273]

    “Canadian establishment”

    « établissement canadien »

    “Canadian establishment” means any establishment in Canada engaged in the production of goods or the provision of services;

    “Commission”

    « Commission »

    “Commission” means the Canada Employment Insurance Commission;

    “designated industry”

    « secteur d’activités désigné »

    “designated industry” means an industry designated pursuant to section 3;

    “effective date of lay-off”

    « date de mise à pied »

    “effective date of lay-off”, in respect of an employee, means the date the employee was laid off as determined by the Board pursuant to subsection 11(3);

    “employee”

    « employé »

    “employee” means any individual who has been employed at a Canadian establishment;

    “industrial restructuring”

    « restructuration industrielle »

    “industrial restructuring” includes technological change;

    “labour adjustment benefits”

    « prestations d’adaptation »

    “labour adjustment benefits” means the benefits payable under this Act;

    “lay-off”

    « mise à pied »

    “lay-off” means the separation, for an indefinite period, of an employee from employment at a Canadian establishment solely as a result of a reduction in the number of employees at that establishment;

    “Minister”

    « ministre »

    “Minister” means the Minister of Human Resources and Skills Development;

    “qualified employee”

    « employé admissible »

    “qualified employee” means an employee who has been determined by the Commission pursuant to this Act to be qualified to receive labour adjustment benefits;

    “Social Security Tribunal”

    « Tribunal de la sécurité sociale »

    “Social Security Tribunal” means the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act;

    “week”

    « semaine »

    “week” means a period of seven consecutive days commencing on Sunday;

    “year”

    « année »

    “year” means a calendar year.

  • Marginal note:Presumption

    (2) For the purposes of any provision of this Act in which reference is made to a person’s attaining sixty-five years of age, a person is deemed to have attained that age at the beginning of the calendar month following the calendar month in which he actually attains that age.

  • R.S., 1985, c. L-1, s. 2;
  • 1996, c. 11, ss. 95, 99, c. 23, s. 177;
  • 2005, c. 34, s. 80;
  • 2012, c. 19, s. 273.