Marginal note:Requirements for certification
12. The Board may certify that an employee named in an application under section 11 is eligible to apply to the Commission for labour adjustment benefits if
(a) he was laid off;
(b) the Canadian establishment from which he was laid off was, at the time of his lay-off, part of a designated industry;
(c) the number of employees at the Canadian establishment referred to in paragraph (b) was reduced as a result of lay-offs, in any twelve month period including the employee’s effective date of lay-off, by at least ten per cent or fifty employees, whichever is the lesser; and
(d) his lay-off resulted from the economic adjustment referred to in subsection 3(2) or (3), as the case may be.
- 1980-81-82-83, c. 89, s. 11, c. 169, s. 4;
- 1984, c. 40, s. 79(E).
APPLICATION TO COMMISSION
Marginal note:Eligible applicants
13. (1) An employee who has been certified under section 11 may apply to the Commission for labour adjustment benefits.
Marginal note:Form and content of application
(2) An application under subsection (1) shall be submitted in such form and manner as the Commission may direct and shall set out such information as the Commission may require.
(3) For the purposes of this section, the Commission may require an applicant to attend at a suitable time and place in order to make an application in person or to provide information required under subsection (2).
(4) On receipt of an application under subsection (1), the Commission shall carry out such investigation as it considers necessary for the purpose of determining whether or not the applicant is qualified to receive labour adjustment benefits.
Marginal note:Decision on application
(5) Subject to subsection (6), on completion of its investigation under subsection (4), the Commission shall determine whether or not the applicant is qualified to receive labour adjustment benefits and shall notify him in writing of its decision.
Marginal note:Reference to Social Security Tribunal
(6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the General Division of the Social Security Tribunal for a decision on it.
Marginal note:Proceedings before Social Security Tribunal
(7) If an application or question is referred to the General Division of the Social Security Tribunal under subsection (6), the Tribunal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Human Resources and Skills Development Act.
Marginal note:Failure to comply with requirements
(8) Notwithstanding any other provision of this Act, an applicant who fails to comply with a requirement under subsection (2) or (3) that has not been waived under subsection (9) is not qualified to receive labour adjustment benefits as long as such failure to comply continues.
Marginal note:Waiver or variation of requirement
(9) The Commission may waive or vary any requirement under subsection (2) or (3) if in its opinion the circumstances warrant such waiver or variation for the benefit of the applicant in a particular case or class or group of cases.
- R.S., 1985, c. L-1, s. 13;
- 1996, c. 23, s. 187;
- 2012, c. 19, s. 274.
- Date modified: