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Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

PART 3VARIOUS MEASURES

Division 1Employment Insurance

1996, c. 23Employment Insurance Act

Marginal note:2012, c. 31, s. 437(1)
  •  (1) The portion of subsection 66.2(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Information provided
    • 66.2 (1) The Minister of Finance shall, on or before July 22 in a year, provide the actuary with the following information:

  • Marginal note:2012, c. 31, s. 437(5)

    (2) Subsections 66.2(2) and (3) of the Act are replaced by the following:

    • Marginal note:Information provided to Governor in Council

      (3) When a joint recommendation is made under subsection 66(1) in a year, the Minister of Finance shall provide the Governor in Council with the information that was provided to the actuary under subsection (1).

  • (3) Section 66.2 of the Act is replaced by the following:

    Marginal note:Information provided
    • 66.2 (1) The Minister of Finance shall, on or before July 22 in a year, provide the actuary and the Commission with the following information:

      • (a) the most current available forecast values of the economic variables that are relevant to the determination under section 66 of a premium rate for the following year;

      • (b) the amounts forecast under subparagraphs 77.1(a)(i) and (ii) and the total estimated under subparagraph 77.1(a)(iii); and

      • (c) any prescribed information.

    • Marginal note:Regulations

      (2) On the recommendation of the Minister of Finance, the Governor in Council may make regulations prescribing information referred to in paragraph (1)(c).

Marginal note:2012, c. 31, s. 438(1)

 The portion of section 66.3 of the Act before paragraph (a) is replaced by the following:

Marginal note:Actuary’s report

66.3 The actuary shall prepare actuarial forecasts and estimates for the purposes of sections 4, 66 and 69 and shall, on or before August 22 in a year, provide the Commission with a report that sets out

Marginal note:2012, c. 31, s. 438(1)

 Section 66.31 of the Act is replaced by the following:

Marginal note:Report and summary
  • 66.31 (1) The Commission shall, on or before September 14 in a year, make available to the public the report referred to in section 66.3 and a summary of that report.

  • Marginal note:Tabling in Parliament

    (2) After the report and its summary are made available to the public, the Minister shall cause them to be laid before each House of Parliament on any of the next 10 days during which that House is sitting.

 Sections 66.31 to 67 of the Act are replaced by the following:

Marginal note:Report and summary
  • 66.31 (1) The Commission shall, on or before August 31 in a year, provide the Minister and the Minister of Finance with the report referred to in section 66.3 and a summary of that report.

  • Marginal note:Available to public

    (2) The Commission shall, on the day on which a premium rate is set under section 66 or 66.32, make available to the public the report and its summary.

  • Marginal note:Tabling in Parliament

    (3) After a premium rate is set, the Minister shall cause the report and its summary to be laid before each House of Parliament on any of the next 10 days during which that House is sitting.

Marginal note:Premium rate setting by Governor in Council
  • 66.32 (1) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before September 30 in a year,

    • (a) if the Governor in Council considers it to be in the public interest, substitute a premium rate for the following year that is different from the one set by the Commission under section 66; or

    • (b) if the Commission has not set a premium rate under that section by September 14 in the year, set one for the following year.

  • Marginal note:Non-application of subsection 66(7)

    (2) Subsection 66(7) does not apply to the setting of the premium rate under subsection (1).

Marginal note:Rounding percentage rates

66.4 If the calculation of a premium rate under section 66 or 66.32 results in a rate that includes a fraction of one per cent, the resulting percentage is to be rounded to the nearest one hundredth of one per cent or, if the resulting percentage is equidistant from two one-hundredths of one percent, to the higher of them.

Marginal note:Publication in Canada Gazette

66.5 As soon as possible after a premium rate is set under section 66 or 66.32, the Commission shall publish it in Part I of the Canada Gazette.

Marginal note:User Fees Act

66.6 For greater certainty, the User Fees Act does not apply in respect of the premium rate set under section 66 or 66.32 or the premiums determined under sections 67 and 68.

Marginal note:Employee’s premium

67. Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66 or 66.32, as the case may be.

Marginal note:2012, c. 31, s. 438(1)

 Section 66.5 of the Act is repealed.

Marginal note:2005, c. 30, s. 126

 Section 67 of the Act is replaced by the following:

Marginal note:Employee’s premium

67. Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66.

Marginal note:2012, c. 31, s. 440(1)

 The portion of section 77.1 of the Act before paragraph (a) is replaced by the following:

Marginal note:Forecasts and estimates

77.1 On or before July 22 in a year,

  •  (1) Section 96 of the Act is amended by adding the following after subsection (8.93):

    • Marginal note:Temporary measure  —  small business refund 2013

      (8.94) If an employer’s premium is $15,000 or less for 2012, the Minister shall refund to the employer a portion of the premium for 2013 determined by the following formula if that amount is more than $2:

      P2 – P1

      where

      P1 
      is the amount of the employer’s premium in 2012; and
      P2 
      is the amount of the employer’s premium in 2013.
    • Marginal note:P1 can equal zero

      (8.95) For the purposes of subsection (8.94), P1 is equal to zero if a person was not required to pay an employer’s premium in 2012.

    • Marginal note:Maximum refund

      (8.96) A refund under subsection (8.94) shall not exceed $1,000.

  • Marginal note:2012, c. 31, s. 307(2)

    (2) Subsection 96(13.1) of the Act is replaced by the following:

    • Marginal note:No interest payable

      (13.1) Despite subsection (13), no interest shall be paid on refunds payable under subsection (8.7), (8.91) or (8.94).

Marginal note:2009, c. 33, s. 16

 Subsection 152.21(1) of the Act is replaced by the following:

Marginal note:Premium
  • 152.21 (1) Every self-employed person who has entered into an agreement referred to in subsection 152.02(1) that has not been terminated or that is not deemed to have been terminated shall, in respect of every year, pay a self-employment premium equal to the amount determined under subsection (2) multiplied by the premium rate set under section 66 or 66.32, as the case may be.

2008, c. 28, s. 121Canada Employment Insurance Financing Board Act

 The Canada Employment Insurance Financing Board Act is repealed.

Consequential Amendments

2009, c. 23Canada Not-for-profit Corporations Act

 Section 348 of the Canada Not-for-profit Corporations Act is repealed.

2012, c. 19Jobs, Growth and Long-term Prosperity Act

 Subsection 610(2) of the Act is repealed.

 Subsection 611(2) of the Act is repealed.

 Subsection 619(3) of the Act is repealed.

2012, c. 31Jobs and Growth Act, 2012

  •  (1) Subsection 433(2) of the Jobs and Growth Act, 2012 is repealed.

  • (2) Subsection 433(4) of the Act is repealed.

 Subsection 434(2) of the Act is repealed.

  •  (1) Subsection 435(3) of the Act is repealed.

  • (2) Subsection 435(5) of the Act is repealed.

  • (3) Subsection 435(7) of the Act is repealed.

  • (4) Subsection 435(9) of the Act is repealed.

 

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