Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)
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Assented to 2022-06-23
PART 5Various Measures (continued)
DIVISION 261996, c. 23Employment Insurance Act (continued)
Amendments to the Act (continued)
399 Section 59 of the Act is replaced by the following:
Marginal note:Employment support measures
59 The Commission may establish employment support measures to help insured participants and other workers, including workers in groups underrepresented in the labour market, to obtain or keep employment, including measures to
(a) provide insured participants with courses or programs of instruction or training;
(b) provide insured participants with employment opportunities or provide employment support;
(c) provide workers with employment assistance services; and
(d) support research, innovation or partnerships related to helping workers to prepare for, obtain or keep employment and to be productive participants in the labour market.
400 Subsections 60(4) and (5) of the Act are repealed.
401 Sections 61 and 62 of the Act are replaced by the following:
Marginal note:Financial assistance
61 The Commission may, in accordance with terms and conditions approved by the Treasury Board, provide financial assistance for the purpose of implementing employment support measures.
Marginal note:Agreements for administering employment support measures
62 The Commission may, with the approval of the Minister, enter into an agreement or arrangement for the administration of employment support measures on its behalf by a department, board or agency of the Government of Canada, another government or government agency in Canada or any other public or private organization.
402 Paragraphs 63(1)(a) and (b) of the Act are replaced by the following:
(a) any costs of measures implemented by the government, government agency or organization that are consistent with the purpose and guidelines of this Part; and
(b) any administration costs that the government, government agency or organization incurs in implementing the measures.
403 Section 64 of the Act is replaced by the following:
Marginal note:No appeal
64 A decision of the Commission made in relation to employment support measures, other than a decision under section 65.1, is not subject to review under section 112.
404 (1) Paragraph 75(d) of the Act is replaced by the following:
(d) received as repayments of overpayments by the Commission under section 61 for employment support measures authorized by Part II;
(2) Paragraph 75(e) of the French version of the Act is replaced by the following:
e) reçues à titre de remboursement de versements excédentaires faits par la Commission aux termes d’accords conclus au titre de l’article 63;
405 Paragraph 77(1)(b) of the Act is replaced by the following:
(b) all amounts paid under section 61 for employment support measures;
Transitional Provision
Marginal note:Agreements or arrangements
406 The Employment Insurance Act, as it read immediately before the day on which this Division comes into force, continues to apply to agreements or arrangements entered into under Part II of that Act that are in force on that day.
R.S., c. 1 (5th Supp.)Consequential Amendment to the Income Tax Act
407 Subparagraph 56(1)(r)(iii) of the Income Tax Act is amended by adding “and” at the end of clause (A) and by repealing clause (B).
DIVISION 27Benefits Related to Employment
1996, c. 23Employment Insurance Act
Amendments to the Act
408 Subsections 12(2.3) to (2.5) of the Employment Insurance Act are replaced by the following:
Marginal note:General maximum — exception for seasonal workers
(2.3) Despite subsection (2), the maximum number of weeks for which benefits may be paid in a benefit period to a claimant because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table set out in Schedule V by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period if
(a) the following conditions are met:
(i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 28, 2023,
(ii) on the date on which the benefit period is established, the claimant is ordinarily resident in a region described in Schedule VI,
(iii) in the 260 weeks before the date on which the benefit period referred to in subparagraph (i) begins, at least three benefit periods were established during which regular benefits were paid or payable, and
(iv) at least two of the benefit periods referred to in subparagraph (iii) began around the same time of year as the benefit period referred to in subparagraph (i) began; or
(b) the conditions referred to in subparagraphs (a)(i) and (ii) are met and the claimant had met the criteria set out in paragraphs 77.992(2)(b) to (d) of the Employment Insurance Regulations — taking into account subsections 77.992(3) and (4) of those Regulations — in respect of a benefit period established for the claimant on a date within the period referred to in paragraph 77.992(2)(a) of those Regulations.
Marginal note:Establishment of benefit period — presumption
(2.4) For the purposes of subparagraph (2.3)(a)(iii), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.
Marginal note:Beginning of benefit period — presumption
(2.5) For the purposes of subparagraph (2.3)(a)(iv), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is
(a) 52 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);
(b) 104 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);
(c) 156 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);
(d) 208 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i); or
(e) 260 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i).
409 Schedule V to the Act is replaced by the Schedule V set out in Schedule 3 to this Act.
410 Schedule VI to the Act is amended by replacing the reference after the heading “SCHEDULE VI” with the following:
Transitional Provision
Marginal note:Continued application — before September 25, 2022
411 Schedule V to the Employment Insurance Act, as it read immediately before September 25, 2022, continues to apply in respect of a claimant whose benefit period, as those terms are defined in subsection 2(1) of that Act, begins before September 25, 2022.
2021, c. 23Budget Implementation Act, 2021, No. 1
412 The Budget Implementation Act, 2021, No. 1 is amended by adding the following after section 350:
Transitional Provisions
Marginal note:Continued application — before September 25, 2022
350.1 (1) Subsection 35(6), paragraph 35(7)(g) and section 36 of the former Regulations continue to apply in respect of a claimant’s earnings if, but for this subsection, the earnings would be allocated under subsection 36(9) or (10) of the new Regulations to a number of weeks the first week of which falls within the period beginning on September 26, 2021 and ending on September 24, 2022.
Marginal note:Definitions
(2) The following definitions apply in this section.
- claimant
claimant has the same meaning as in subsection 2(1) of the Employment Insurance Act. (prestataire)
- earnings
earnings means the earnings referred to in subsections 36(9) and (10) of the new Regulations. (rémunération)
- former Regulations
former Regulations means the Employment Insurance Regulations as they read immediately before September 25, 2022. (ancien règlement)
- new Regulations
new Regulations means the Employment Insurance Regulations as they read on September 25, 2022. (nouveau règlement)
Coordinating Amendments
Marginal note:Bill C-8
413 (1) Subsections (2) to (4) apply if Bill C-8, introduced in the 1st session of the 44th Parliament and entitled the Economic and Fiscal Update Implementation Act, 2021 (in this section referred to as the “other Act”), receives royal assent.
(2) If section 47 of the other Act comes into force before section 408 of this Act, then
(a) sections 408 and 410 of this Act are deemed never to have come into force and are repealed; and
(b) subparagraph 12(2.3)(a)(i) of the Employment Insurance Act is replaced by the following:
(i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 28, 2023,
(3) If section 408 of this Act comes into force before section 47 of the other Act, then sections 47 and 48 of the other Act are deemed never to have come into force and are repealed.
(4) If section 47 of the other Act comes into force on the same day as section 408 of this Act, then sections 47 and 48 of the other Act are deemed never to have come into force and are repealed.
Coming into Force
Marginal note:September 25, 2022
414 (1) Sections 409 and 411 come into force, or are deemed to have come into force, on September 25, 2022.
Marginal note:Royal assent or September 25, 2022
(2) Section 412 comes into force on the day on which this Act receives royal assent or, if that day is after September 25, 2022, is deemed to have come into force on September 25, 2022.
DIVISION 28R.S., c. C-8Canada Pension Plan
Amendments to the Act
415 The definition contributory period in subsection 2(1) of the Canada Pension Plan is replaced by the following:
- contributory period
contributory period of a contributor has, subject to paragraph 44(2)(b) and subsections 44(5) and 56(5), the meaning assigned by section 49; (période cotisable)
416 (1) Paragraph 44(1)(h) of the Act is replaced by the following:
(h) a post-retirement disability benefit shall be paid to a beneficiary of a retirement pension who has not reached 65 years of age and is disabled if
(i) the beneficiary has made base contributions for not less than the minimum qualifying period and that period ends after 2018,
(ii) the beneficiary is a contributor to whom a post-retirement disability benefit would have been payable at the time the contributor is deemed to have become disabled if an application for a post-retirement disability benefit had been received before the application was actually received, or
(iii) the beneficiary is a contributor to whom a post-retirement disability benefit would have been payable at the time the contributor is deemed to have become disabled if a division of unadjusted pensionable earnings that was made under section 55 or 55.1 had not been made.
(2) The portion of subsection 44(4) of the Act before paragraph (c) is replaced by the following:
Marginal note:Calculation of minimum qualifying period — post-retirement disability benefit
(4) For the purposes of paragraph (1)(h) and, if a post-retirement disability benefit is payable to a contributor, paragraph (1)(e), the contributor is deemed to have made base contributions for not less than the minimum qualifying period only if the contributor has made base contributions during their contributory period on earnings that are not less than the contributor’s basic exemption, calculated without regard to subsection 20(2),
(a) for at least four of the last six calendar years included either wholly or partly in the contributor’s contributory period;
(b) for at least 25 calendar years included either wholly or partly in the contributor’s contributory period, of which at least three are in the last six calendar years included either wholly or partly in the contributor’s contributory period; or
(3) Section 44 of the Act is amended by adding the following after subsection (4):
Marginal note:Contributory period — post-retirement disability benefit
(5) For the purposes of subsection (4), the contributory period of a contributor is the period
(a) commencing when they reach 18 years of age, and
(b) ending with the month in which they are determined to have become disabled for the purpose of paragraph (1)(h),
but excluding
(c) any month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, and
(d) in relation to any benefits payable under this Act for any month after December 1977, any month for which the contributor was a family allowance recipient in a year for which the contributor’s base unadjusted pensionable earnings are less than the contributor’s basic exemption for the year, calculated without regard to subsection 20(2).
417 The portion of paragraph 49(b) of the Act before subparagraph (i) is replaced by the following:
(b) where a benefit other than a disability pension or a post-retirement disability benefit commences after the end of 1986, with the earliest of
418 (1) The portion of paragraph (a) of the description of G in section 51.1 of the Act before the formula is replaced by the following:
(a) the lesser of 1 and the number determined by the formula
(2) The description of M7 in section 51.1 of the Act is replaced by the following:
- M7
- is the number of months in the contributor’s first additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and
(3) Section 51.1 of the Act is renumbered as subsection 51.1(1) and is amended by adding the following:
Marginal note:Year in which first additional contributory period begins
(2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s first additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula
A × (M ÷ 12)
where
- A
- is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and
- M
- is the number of months in that year that are included in the contributor’s first additional contributory period.
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