Government of Canada

Employment Insurance Act - Part IX - Repeals, Transitional Provisions, Related and Conditional Amendments and Coming Into Force


Current Version of the Employment Insurance Act


[ previous | table of provisions | next ]

PART IX

REPEALS, TRANSITIONAL PROVISIONS, RELATED AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

National Training Act

 

Allowances 156. A training allowance being paid under section 5 of the National Training Act when it is repealed may continue to be paid in accordance with that Act and the regulations made under it, as they read immediately before the repeal of that Act, until the conclusion of the course to which the allowance relates.
   
Agreements 157. An agreement under section 7 of the National Training Act in effect when it is repealed continues in effect according to the terms of the agreement.
   
Charge to Employment Insurance Account 158. (1) Amounts paid under sections 156 and 157 in relation to persons who are insured participants, as defined in section 58, shall be charged to the Employment Insurance Account of the Consolidated Revenue Fund.
Appropriation (2) Other amounts paid under sections 156 and 157 shall be paid out of money to be appropriated by Parliament.

Unemployment Insurance Act

   
Benefit periods beginning before this section comes into force 159. (1) Except as otherwise provided in this section, all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act (the "former Act") is repealed shall be dealt with under that Act, including any amendments that may be made by Bill C-31, introduced in the second session of the 35th Parliament and entitled An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996.
   
Appeals - written reasons not required (1.01) Subsection 70(2) of the former Act applies in respect of appeals under that Act except that the Tax Court of Canada need not give reasons in writing for its decision but may give reasons in writing where, in a particular case, the Court deems it advisable.
   
Deductions for undeclared earnings (1.1) Subsection 19(3) of this Act applies to claimants who fail to declare all or some of their earnings in a period determined under the regulations beginning on or after January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on or after that date in respect of any failure to declare earnings for such a period beginning after June 30, 1996.
   
Deductions under subsection 19(4) (1.2) Subsection 19(4) of this Act applies to claimants who begin attending a course or program after the former Act is repealed.
   
Parental benefits (2) Section 23 of this Act applies in place of section 20 of the former Act to claimants claiming benefits for the care of children born or placed for adoption after that Act is repealed.
   
Job creation projects (3) Section 25 of the former Act applies only to claimants employed on job creation projects under that section when that Act is repealed.
   
Training (4) Section 26 of the former Act applies only to claimants in a course or program to which they are referred under that section before that Act is repealed.
   
Assistance (5) Regulations made under section 26.1 of the former Act apply only to claimants receiving assistance under them when that Act is repealed and amounts paid under those regulations shall be charged to the Employment Insurance Account of the Consolidated Revenue Fund.
   
Disentitlement and disqualification (6) Sections 27 to 33 of this Act apply in place of sections 27 to 28.3 of the former Act in respect of events occurring after that Act is repealed that give rise to a disentitlement or disqualification under those sections and, for the purpose of applying those sections, a reference in the former Act to

(a) section 27 shall be read as a reference to section 27 of this Act;

(b) section 28 shall be read as a reference to section 29 of this Act;

(c) section 28.1 shall be read as a reference to section 31 of this Act;

(d) section 28.2 shall be read as a reference to section 32 of this Act; and

(e) section 28.3 shall be read as a reference to section 33 of this Act.
   
Application of section 145 (7) Section 145 of this Act applies in place of section 123 of the former Act in respect of benefits paid after December 31, 1995.

1996, c. 23, s. 1591998, c. 19, s. 2741999, c. 31, s. 82(F).
   
Hours of insurable employment and earnings before 1997 160. For the purpose of calculating after 1996 how many hours of insurable employment and the amount of insurable earnings a claimant has under this Act, other than Part VIII, insurable employment and insurable earnings occurring

(a) before June 30, 1996 shall be determined in accordance with the former Act; and

(b) on or after June 30, 1996 but before January 5, 1997 shall be determined in accordance with this Act, as it applies on June 30, 1996.
   
Premiums 161. All matters relating to the payment of premiums under the former Act shall be dealt with under that Act.
   
Employment Insurance Account 162. An amount owing to or by Her Majesty under the former Act shall, when paid, be credited or charged to the Employment Insurance Account.
   
Estimated insurable earnings for 1996-97 163. (1) For the purposes of section 78, the Commission's estimate of the insurable earnings of all insured persons in the fiscal year 1996-97 shall be published in the Canada Gazette if it is not set out in the Main Estimates tabled in Parliament for that year.
   
Plan for 1996-97 (2) The plan mentioned in section 79 shall be published in the Canada Gazette for the fiscal year 1996-97 if it is not included in the Main Estimates tabled in Parliament for that year.
   
Powers and functions 164. (1) The powers or functions of any person under the former Act shall be exercised or performed by the person who exercises the corresponding powers or performs the corresponding functions under this Act.
   
Boards of referees, etc. (2) Boards of referees, panels, chairpersons, umpires and the chief umpire established, appointed or designated under the former Act continue as if they had been established, appointed or designated under this Act.
   
Waivers and agreements 165. Waivers and agreements made under paragraph 4(1)(d) of the former Act and in effect when that Act is repealed continue in effect as though they had been made under paragraph 5(4)(d) of this Act.
   
Deemed pay-out and charge 166. For the purposes of section 78, amounts paid out and charged to the Employment Insurance Account under the following provisions are deemed to be paid out and charged to that Account under Part III:

(a) subsection 158(1); and

(b) subsection 159(5), except self-employment benefits paid under section 120 of the Unemployment Insurance Regulations.

Transitional Regulations

Regulations 167. The Commission may, with the approval of the Governor in Council, make regulations providing for any other transitional matters, including regulations

(a) providing for the transition from weeks of insurable employment to hours of insurable employment, or from any other basis to another under Part VIII; and

(b) for establishing requirements to qualify to receive benefits, the duration of entitlement to benefits, benefit rates and disentitlement or disqualification from receiving benefits.

[ previous | table of provisions | next ]