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Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

Assented to 2018-06-21

PART 6Various Measures (continued)

DIVISION 132005, c. 34; 2013, c. 40 s. 205Department of Employment and Social Development Act (continued)

Amendments to the Act (continued)

 Subsection 30(1) of the Act is amended by adding the following in alphabetical order:

service delivery program

service delivery program means a program for the provision of a service or facility referred to in subparagraph 5.1(1)(a)(i), including the performance of its related activities. (programme de prestation de services)

 The Act is amended by adding the following after section 34:

Marginal note:Service delivery programs

  • 34.1 (1) Information may be made available to any person or body for the administration of the service delivery program under which that information was obtained or prepared.

  • Marginal note:Co-administered programs

    (2) Information obtained or prepared under a program the administration or enforcement of which is the responsibility, under an Act of Parliament, of the Minister and one or more partner entities may be made available to that entity or those entities for the administration or enforcement of that program.

  • Marginal note:Other programs

    (3) Information obtained or prepared under a program, other than a service delivery program, that is related to the provision of a service or facility referred to in subsection 5.1(1) may be made available to any person or body for the administration or enforcement of the program under which it was obtained or prepared.

  • Marginal note:Application

    (4) For greater certainty, this section applies to information obtained or prepared before the day on which this subsection comes into force.

Marginal note:Non-application — information made available

  • 34.2 (1) Sections 32 to 34 and 35 to 42 do not apply in respect of information that is made available under section 34.1.

  • Marginal note:Non application — information obtained

    (2) Sections 33, 34, 35 to 36.2, 40 and 41 do not apply in respect of information obtained under a service delivery program.

 Subsection 37(2) of the Act is replaced by the following:

  • Marginal note:Notice of disclosure

    (2) The Minister shall, prior to the disclosure, notify the Privacy Commissioner appointed under section 53 of the Privacy Act and any affected partner entity in writing of any disclosure of information under subsection (1) if it is reasonably practicable or in any other case without delay after the disclosure. The Privacy Commissioner may, if he or she considers it appropriate, notify the individual to whom the information relates of the disclosure.

 Section 70.1 of the Act is replaced by the following:

Marginal note:Application

70.1 This Part applies to any Act, program or activity whose administration or enforcement is the responsibility of the Minister, the Minister of Labour or the Commission.

 The portion of subsection 71(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Powers

  • 71 (1) Subject to the regulations, if the Minister, the Minister of Labour or the Commission is responsible for an Act, program or activity, that responsible Minister or Commission may administer or enforce it electronically, including for the purposes of

  •  (1) Subsections 72(1) and (2) of the Act are replaced by the following:

    Marginal note:Electronic manner of filing documents

    • 72 (1) Unless another manner of filing a document or information is expressly required by a provision of an Act or a regulation, or by a term or condition of a program, the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.

    • Marginal note:Power to prescribe form or manner of filing

      (2) A provision of an Act or a regulation, or a term or condition of a program, that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.

  • (2) The portion of subsection 72(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Written documents or information

      (3) A requirement under a provision of an Act or a regulation, or a term or condition of a program, that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information

  • (3) The portion of subsection 72(4) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Signatures

      (4) A requirement under a provision of an Act or a regulation, or a term or condition of a program, to provide a signature is satisfied by an electronic signature if the electronic signature

 Paragraph 73(1)(g) of the Act is replaced by the following:

  • (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act or regulation to which this Part applies or in the administration or enforcement of a program or activity to which this Part applies, and respecting the manner in which and the extent to which any provision of that Act or regulation, or any term or condition of that program applies to the electronic systems; and

Coming into Force

Marginal note:Order in council

 Subsections 270(1) and (2) come into force on a day or days to be fixed by order of the Governor in Council.

DIVISION 141996, c. 23Employment Insurance Act

Amendments to the Act

 The Employment Insurance Act is amended by adding the following after section 13:

Marginal note:Presumption

  • 13.1 (1) For the purpose of determining a claimant’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week not the waiting period — the amount of the benefits that would have been payable in that week after deducting the following would be greater than zero:

    • (a) the amount of the earnings, if any, that is greater than $50, if the claimant’s rate of weekly benefits is less than $200; or

    • (b) the amount of the earnings, if any, that is greater than 25% of the claimant’s rate of weekly benefits, if that rate is $200 or more.

  • Marginal note:References

    (2) For the purpose of subsection (1),

    • (a) in determining the amount of the benefits that would have been payable, the deduction referred to in subsection 19(2) is to be excluded; and

    • (b) a reference to earnings means earnings as determined for the purpose of subsection 19(2).

 Subsection 19(2) of the Act is replaced by the following:

  • Marginal note:Earnings in periods of unemployment

    (2) Subject to subsections (3), (4), 21(3) and 22(5), if the claimant has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount equal to the total of

    • (a) 50% of the earnings that are less than or equivalent to 90% of the claimant’s weekly insurable earnings, and

    • (b) 100% of the earnings that are greater than 90% of the claimant’s weekly insurable earnings.

 Subsection 21(3) of the Act is replaced by the following:

  • Marginal note:Deduction

    (3) Subject to subsection 19(3), if, as a result of illness, injury or quarantine, benefits are payable to a claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).

 Subsection 22(5) of the Act is replaced by the following:

  • Marginal note:Deduction

    (5) Subject to subsection 19(3), if benefits are payable under this section to a major attachment claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).

 

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