Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 15Modernization of the Canada Labour Code (continued)
SUBDIVISION BHead of Compliance and Enforcement (continued)
Marginal note:2017, c. 20
624 On the first day on which both section 535 of this Act is in force and section 395 of the Budget Implementation Act, 2017, No 1 has produced its effects, paragraph 46(2)(c) of the Hazardous Materials Information Review Act is replaced by the following:
(c) any official of the Department of Employment and Social Development, the Canada Industrial Relations Board in the exercise of its powers or the performance of its duties or functions under Part II of the Canada Labour Code, other than the powers, duties and functions set out in sections 133 and 134 of that Act, or any person to whom powers, duties or functions have been delegated by the Minister of Labour or the Head of Compliance and Enforcement under subsection 140(1) or (1.1) of that Act, or under an agreement entered into under subsection 140(2) of that Act, for the purposes of the administration or enforcement of Part II of that Act;
Coming into Force
Marginal note:2017, c. 20, s. 377
625 This Subdivision comes into force on the first day on which both section 441 of this Act and section 377 of the Budget Implementation Act, 2017, No. 1 are in force.
DIVISION 162005, c. 47, s. 1Wage Earner Protection Program Act
Amendments to the Act
626 The long title of the Wage Earner Protection Program Act is replaced by the following:
627 (1) Subparagraph (a)(ii) of the definition eligible wages in subsection 2(1) of the Act is replaced by the following:
(ii) the period beginning on the day that is six months before one of the following days and ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer:
(A) the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed,
(B) the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced; and
(2) Paragraph (a) of the definition eligible wages in subsection 2(1) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after subparagraph (ii):
(iii) the period beginning on the day that is six months before one of the following days and ending on the day on which a court makes a determination under subsection 5(5):
(A) the day on which a proposal is filed by or in respect of the employer under Division I of Part III of the Bankruptcy and Insolvency Act or, if a notice of intention to make a proposal is filed by or in respect of the employer under that Division, the day on which the notice of intention is filed,
(B) the day on which the most recent proceedings under the Companies’ Creditors Arrangement Act are commenced; and
(3) Paragraph (b) of the definition eligible wages in subsection 2(1) of the Act is replaced by the following:
(b) termination pay and severance pay that relate to employment that ended
(i) during the period referred to in paragraph (a), or
(ii) during the period beginning on the day after the day on which the period referred to in paragraph (a) ends and ending on the day on which the trustee is discharged or the receiver completes their duties, as the case may be. (salaire admissible)
(4) Section 2 of the Act is amended by adding the following after subsection (1):
Marginal note:Precision
(1.1) For the purpose of the definition eligible wages, a proposal does not include a proposal for which a certificate is given under section 65.3 of the Bankruptcy and Insolvency Act and a notice of intention to make a proposal does not include a notice of intention in respect of a proposal for which such a certificate is given.
(5) Section 2 of the Act is amended by adding the following after subsection (1.1):
Marginal note:Meaning of trustee
(1.2) In this Act, trustee includes a monitor as defined in subsection 2(1) of the Companies’ Creditors Arrangement Act.
(6) Paragraph 2(5)(a) of the French version of the Act is replaced by the following:
a) pour l’application de l’alinéa 6d), il est réputé n’exister aucun lien de dépendance si le ministre est convaincu, compte tenu des circonstances, notamment des modalités d’emploi de la personne physique auprès de son ancien employeur, de sa rétribution, ainsi que de la durée, la nature et l’importance du travail accompli, qu’il est raisonnable de conclure que celle-ci a conclu avec lui un contrat de travail en substance pareil à celui qu’elle aurait conclu n’eût été le lien de dépendance;
628 Section 4 of the Act is replaced by the following:
Marginal note:Establishment
4 The Wage Earner Protection Program is established to provide for payments to individuals in respect of wages owed to them by employers who are insolvent.
629 (1) Paragraph 5(b) of the Act is replaced by the following:
(b) one of the following applies:
(i) the former employer is bankrupt,
(ii) the former employer is subject to a receivership,
(iii) the former employer is the subject of a foreign proceeding that is recognized by a court under subsection 270(1) of the Bankruptcy and Insolvency Act and
(A) the court determines under subsection (2) that the foreign proceeding meets the criteria prescribed by regulation, and
(B) a trustee is appointed, or
(iv) the former employer is the subject of proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act and a court determines under subsection (5) that the criteria prescribed by regulation are met; and
(2) Section 5 of the Act is renumbered as subsection 5(1) and is amended by adding the following:
Marginal note:Prescribed criteria — foreign proceeding
(2) On application by any person, a court may, in a proceeding under Part XIII of the Bankruptcy and Insolvency Act, determine that the foreign proceeding meets the criteria prescribed by regulation. If the court determines that the foreign proceeding meets the prescribed criteria, the court may appoint a trustee for the purposes of this Act.
Marginal note:Employment in Canada
(3) An individual who is eligible to receive a payment because of subparagraph (1)(b)(iii) is only eligible to receive a payment in respect of eligible wages earned for employment in Canada and termination pay and severance pay that relate to that employment.
Marginal note:Deemed bankruptcy
(4) For the purposes of this Act, if all of the conditions set out in subparagraph (1)(b)(iii) are met, the former employer is deemed to be bankrupt and the date of the bankruptcy is deemed to be the day on which all of those conditions are met.
Marginal note:Prescribed criteria — other proceedings
(5) On application by any person, a court may, in proceedings under Division I of Part III of the Bankruptcy and Insolvency Act or under the Companies’ Creditors Arrangement Act, determine that the former employer meets the criteria prescribed by regulation.
630 The portion of section 6 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Exceptions
6 La personne physique n’est pas admissible au versement de prestations à l’égard de tout salaire gagné au cours d’une période — ou qui s’y rapporte autrement — durant laquelle, selon le cas :
631 (1) Subsection 7(1) of the Act is replaced by the following:
Marginal note:Amount of payment
7 (1) The amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of an amount equal to seven times the maximum weekly insurable earnings under the Employment Insurance Act, less any amount prescribed by regulation.
(2) Section 7 of the Act is replaced by the following:
Marginal note:Amount of payment
7 (1) The amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of an amount equal to seven times the maximum weekly insurable earnings under the Employment Insurance Act.
Marginal note:Reduction
(1.1) Except in the circumstances prescribed by regulation, the amount that may be paid under this Act to an individual is to be reduced by any amounts provided for by regulation.
Marginal note:Greatest amount
(2) If more than one situation that is described in paragraph 5(1)(b) applies to the former employer, the amount that may be paid is the greatest of the amounts determined in respect of each of those situations.
632 Section 8 of the French version of the Act is replaced by the following:
Marginal note:Demande
8 Pour obtenir des prestations, la personne physique présente une demande au ministre selon les modalités — de temps et autres — prévues par règlement.
633 Section 10 of the Act is renumbered as subsection 10(1) and is amended by adding the following:
Marginal note:Notification to trustee or receiver
(2) The Minister is to inform the trustee or receiver of the applicant’s eligibility or ineligibility to receive a payment.
634 The Act is amended by adding the following after section 12:
Marginal note:Notification
12.1 The Minister is to inform the applicant and the trustee or receiver of a decision made under section 12.
635 Section 18 of the Act is replaced by the following:
Marginal note:Copies of decision
18 The adjudicator must send a copy of his or her decision, and the reasons for it, to each party to the appeal and to the trustee or receiver.
636 Section 19 of the Act is replaced by the following:
Marginal note:No review by certiorari, etc.
19 No order may be made to review, prohibit or restrain and no process entered or proceeding taken to question, review, prohibit or restrain in any court — whether by way of injunction, certiorari, prohibition, quo warranto or otherwise — an action of an adjudicator under any of sections 14 to 18.
637 (1) Paragraphs 21(1)(a) to (c) of the French version of the Act are replaced by the following:
a) d’identifier chaque personne physique qui est titulaire d’une créance au titre du salaire admissible;
b) de déterminer le montant du salaire admissible qui est dû à chaque personne physique;
c) d’informer chaque personne physique, sauf celle qui fait partie d’une catégorie réglementaire, de l’existence du programme établi à l’article 4 et des conditions auxquelles les prestations peuvent être versées au titre de la présente loi;
(2) Paragraph 21(1)(d) of the Act is replaced by the following:
(d) provide the Minister and each individual other than one who is in a class prescribed by regulation with the amount of eligible wages owing to the individual and any other information prescribed by regulation;
(3) Subsection 21(3) of the French version of the Act is replaced by the following:
Marginal note:Obligation d’assistance
(3) Sur demande, toute personne, autre que celle qui est visée au paragraphe (4), qui est en possession de renseignements visés à l’alinéa (1)d) ou a accès à de tels renseignements est tenue de les fournir au syndic ou au séquestre, selon le cas.
(4) Subsection 21(4) of the Act is replaced by the following:
Marginal note:Duty to assist — payroll contractors
(4) A person who is dealing at arm’s length with and providing payroll services to a bankrupt or insolvent person and who has or has access to information described in paragraph (1)(d) shall,
(a) if requested by the trustee or receiver, provide the trustee or receiver with a description of the information described in paragraph (1)(d) that they have or have access to and an estimate of the cost of providing the information; and
(b) if requested by the trustee or receiver, provide the trustee or receiver with the information described in paragraph (1)(d) that they have or have access to.
638 Section 22 of the Act is replaced by the following:
Marginal note:Fees and expenses
22 Subject to section 22.1, the trustee’s or receiver’s fees and expenses, in relation to the performance of their duties under this Act, are to be paid out of the estate of the bankrupt employer or the property of the insolvent employer, as the case may be.
Marginal note:Minister to pay fees and expenses
22.1 The Minister shall, in the circumstances prescribed by regulation, pay any fees or expenses of the trustee or receiver that are prescribed by regulation in relation to the performance of their duties under this Act or the performance of their duties and functions or the exercise of their powers under the Bankruptcy and Insolvency Act.
639 Sections 22 and 22.1 of the Act are replaced by the following:
Marginal note:Fees and expenses
22 Subject to section 22.1, the trustee’s or receiver’s fees and expenses, in relation to the performance of their duties under this Act, are to be paid out of the estate of the bankrupt employer or the property of the insolvent employer or by the insolvent employer.
Marginal note:Minister to pay fees and expenses
22.1 The Minister shall, in the circumstances prescribed by regulation, pay any fees or expenses of the trustee or receiver that are prescribed by regulation in relation to the performance of their duties under this Act or the performance of their duties and functions or the exercise of their powers under the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act.
640 Section 29 of the French version of the Act is replaced by the following:
Marginal note:Numéro d’assurance sociale
29 Nul ne peut sciemment utiliser, communiquer ou permettre que soit communiqué le numéro d’assurance sociale d’une personne physique qui a été obtenu à une fin liée à une demande de prestations au titre de la présente loi, si ce n’est pour l’application de celle-ci ou de la Loi de l’impôt sur le revenu.
641 The Act is amended by adding the following after section 31:
Marginal note:No payment or partial payment
31.1 If the Minister determines that an individual did not receive all or part of a payment that they were eligible to receive, the Minister shall make a payment to them in an amount equal to the amount that they did not receive.
Overpayments
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