Marginal note:Designation of industries

• 3. (1) For the purposes of this Act, the Governor in Council may, by order, designate any industry either generally or with respect to any region of Canada.

• Marginal note:Criteria for general designation

  (2) An industry may be designated generally pursuant to subsection (1) if the Governor in Council is satisfied that

  • (a) the industry in Canada generally is undergoing significant economic adjustment of a non-cyclical nature by reason of import competition or by reason of industrial restructuring implemented pursuant to a policy or program of the Government of Canada to encourage such restructuring; and

  • (b) the economic adjustment referred to in paragraph (a) is resulting in a significant loss of employment in the industry in Canada generally.

• Marginal note:Criteria for regional designation

  (3) An industry may be designated with respect to any region of Canada pursuant to subsection (1) if the Governor in Council is satisfied that

  • (a) the industry in that region is undergoing significant economic adjustment of a non-cyclical nature; and

  • (b) the economic adjustment referred to in paragraph (a) is resulting in a severe economic disruption in that region and in a significant loss of employment in the industry in that region.

Marginal note:Term of general designation

• 4. (1) An order made under subsection 3(1) that designates an industry generally is in force for such period, not exceeding three years from the date the order is made, as is specified in the order unless, before the expiration of the period so specified, the Governor in Council makes a continuation order continuing the order in force for such period, not exceeding three years, as is specified in the continuation order.

• Marginal note:No further extension

  (2) Not more than one continuation order may be made under subsection (1) in respect of any one order made under subsection 3(1).

• Marginal note:Term of regional designation

  (3) An order made under subsection 3(1) that designates an industry with respect to a region in Canada is in force for one year from the date the order is made unless, before the expiration of that one year, the Governor in Council makes a continuation order continuing the order in force for such period, not exceeding six months, as is specified in the continuation order.

• Marginal note:Further extension

  (4) Where the Governor in Council has made a continuation order under subsection (3) continuing an order in force, he may, before the expiration of the period for which the order is so continued, make one further continuation order continuing the order in force for such further period, not exceeding six months, as is specified in the further continuation order.

• Marginal note:Entitlement continued

  (5) The revocation or expiration of an order made under this section or section 3 does not affect the entitlement, after the revocation or expiration, of any person laid off while the order was in force to make an application under section 11 or 13 in relation to the order or to receive labour adjustment benefits by virtue of the order.