GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Labour Adjustment Benefits Act — L-1 12
Requirements for certification 12 The Board may certify that an employee named in an application under section 11 is eligible to apply to the Commission for labour adjustment benefits if (a) he was laid off; (b) the Canadian establishment from which he was laid off was, at the time of his lay-off, part of a designated industry; (c) the number of employees at the Canadian establishment referred to in paragraph (b) was reduced as a result of lay-offs, in any twelve month period including the employee’s effective date of lay-off, by at least ten per cent or fifty employees, whichever is the lesser; and (d) his lay-off resulted from the economic adjustment referred to in subsection 3(2) or (3), as the case may be. 1980-81-82-83, c. 89, s. 11, c. 169, s. 4; 1984, c. 40, s. 79(E)
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Eligible applicants 13 (1) An employee who has been certified under section 11 may apply to the Commission for labour adjustment benefits. Form and content of application (2) An application under subsection (1) shall be submitted in such form and manner as the Commission may direct and shall set out such information as the Commission may require. Attendance (3) For the purposes of this section, the Commission may require an applicant to attend at a suitable time and place in order to make an application in person or to provide information required under subsection (2). Investigation (4) On receipt of an application under subsection (1), the Commission shall carry out such investigation as it considers necessary for the purpose of determining whether or not the applicant is qualified to receive labour adjustment benefits. Decision on application (5) Subject to subsection (6), on completion of its investigation under subsection (4), the Commission shall determine whether or not the applicant is qualified to receive labour adjustment benefits and shall notify him in writing of its decision. Reference to Employment Insurance Board of Appeal (6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the Employment Insurance Board of Appeal for a decision on it. Proceedings before Employment Insurance Board of Appeal (7) If an application or question is referred to the Employment Insurance Board of Appeal under subsection (6), the Employment Insurance Board of Appeal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Employment and Social Development Act . Failure to comply with requirements (8) Notwithstanding any other provision of this Act, an applicant who fails to comply with a requirement under subsection (2) or (3) that has not been waived under subsection (9) is not qualified to receive labour adjustment benefits as long as such failure to comply continues. Waiver or variation of requirement (9) The Commission may waive or vary any requirement under subsection (2) or (3) if in its opinion the circumstances warrant such waiver or variation for the benefit of the applicant in a particular case or class or group of cases. R.S., 1985, c. L-1, s. 13; 1996, c. 23, s. 187; 2012, c. 19, s. 274; 2013, c. 40, s. 236 2023, c. 26, s. 658
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Qualifications for benefits 14 (1) The Commission may determine that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits if (a) the employee is a Canadian citizen resident in Canada or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act ; (b) he has had at least ten years of employment in the relevant designated industry in the fifteen years immediately preceding his effective date of lay-off; (c) he was, on his effective date of lay-off, not less than fifty-four years of age but under sixty-five years of age; (d) the employee has claimed and exhausted all benefits under Part I of the Employment Insurance Act to which the employee was entitled subsequent to his or her lay-off; (e) he has not attained sixty-five years of age; and (f) he has no present prospect of employment, whether with or without training or relocation assistance, or has accepted employment with earnings that are less than his average weekly insurable earnings. Idem (2) Notwithstanding subsection (1), where the Commission is of the opinion that an employee certified under section 11 who would be qualified under subsection (1) to receive labour adjustment benefits but for the requirements set out in paragraphs (1)(b) and (c) or either paragraph will suffer severe financial hardship unless he receives those benefits, the Commission may determine that the employee is qualified to receive labour adjustment benefits if (a) he meets the requirements set out in paragraphs (1)(a), (d), (e) and (f); (b) the aggregate of (i) his age on his effective date of lay-off, and (ii) his years of employment in the relevant designated industry preceding his effective date of lay-off equals eighty or more; and (c) he was, on his effective date of lay-off, under sixty-five years of age. Idem (3) Notwithstanding subsection (1), where an employee certified under section 11 would be qualified under subsection (1) to receive labour adjustment benefits but for the requirement set out in paragraph (1)(b), the Commission may determine that the employee is qualified to receive labour adjustment benefits if he shows that he is in substantial compliance with the requirement and that he does not meet such requirement by reason only of illness, disability, lay-off or any other good cause whatever. Definitions (4) In this section, relevant designated industry , in respect of an employee, means the designated industry that included, at the time of his lay-off, the Canadian establishment from which the employee was laid off; ( secteur d’activités désigné en question ) year of employment , in respect of an employee, means a year in which the employee was paid for at least one thousand hours of employment. ( année d’emploi ) R.S., 1985, c. L-1, s. 14; 1996, c. 23, s. 178; 2001, c. 27, s. 260
Labour Adjustment Benefits Act — L-1
relevant designated industry , in respect of an employee, means the designated industry that included, at the time of his lay-off, the Canadian establishment from which the employee was laid off; ( secteur d’activités désigné en question )
Labour Adjustment Benefits Act — L-1
year of employment , in respect of an employee, means a year in which the employee was paid for at least one thousand hours of employment. ( année d’emploi )
Labour Adjustment Benefits Act — L-1 15
Employment in other designated industries 15 Where the Canadian establishment from which an employee was laid off was, at the time of his lay-off, part of an industry designated generally pursuant to section 3, the Commission shall, in applying paragraph 14(1)(b) or 14(2)(b) in respect of the employee, take into account as employment in that industry any period of employment of that employee preceding his effective date of lay-off in any other industry so designated, whether or not the designation was in force on that date. 1980-81-82-83, c. 169, s. 5
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Semi-annual review 16 (1) The Commission shall at least once every six months review the circumstances of every qualified employee to determine if he continues to meet the requirement set out in paragraph 14(1)(f) and, if the Commission determines he does not meet that requirement, it shall notify him in writing of its decision. Attendance (2) For the purposes of subsection (1), the Commission may require a qualified employee to attend at a suitable time and place in order to provide such information as the Commission may require to conduct its review. Failure to comply with requirements (3) Notwithstanding any other provision of this Act, a qualified employee who fails to comply with a requirement to attend under subsection (2) that has not been waived under subsection (4) is not qualified to receive labour adjustment benefits as long as the failure to comply continues. Waiver or variation of requirement (4) The Commission may waive or vary any requirement to attend under subsection (2) if in its opinion the circumstances warrant the waiver or variation for the benefit of the qualified employee. Revocation of decision (5) Where the Commission has notified a qualified employee of its decision pursuant to subsection (1) and, on a subsequent review under that subsection, determines that the employee then meets the requirement, the Commission shall revoke its prior decision and notify him in writing of its decision. 1980-81-82-83, c. 89, s. 13
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Calculation and payment of benefits 17 (1) Where the Commission determines that an employee who has been certified under section 11 is qualified to receive labour adjustment benefits, the Commission shall, in accordance with this Act, calculate the amount of the benefits on a weekly basis in arrears and pay the benefits to the qualified employee every two weeks in arrears. Commencement of benefits (2) Labour adjustment benefits are payable to a qualified employee commencing on the later of (a) the week immediately following the week the employee’s benefits under Part I of the Employment Insurance Act subsequent to his or her lay-off are exhausted, and (b) the week during which he applies to the Commission under section 13 for labour adjustment benefits. Additional benefits (3) Where a qualified employee was certified by the Board pursuant to section 11 after the week his or her benefits under Part I of the Employment Insurance Act subsequent to the lay-off were exhausted, in addition to the labour adjustment benefits otherwise payable to the employee under this Act, labour adjustment benefits are payable from the later of (a) that week, and (b) the week during which he applied to the Board for certification to the week during which he was so certified. Lump sum payment (4) Notwithstanding subsection (1), the amount of any labour adjustment benefits payable to a qualified employee for a period prior to the first two week period for which payment is made to him in accordance with that subsection shall be paid in one sum. R.S., 1985, c. L-1, s. 17; 1996, c. 23, s. 179
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Suspension of benefits 18 (1) Labour adjustment benefits are not payable to a qualified employee notified of a decision pursuant to subsection 16(1) from the week during which the notice is sent to the qualified employee to the week during which any subsequent notice of decision pursuant to subsection 16(5) to revoke that decision is sent to the qualified employee. Termination of benefits (2) Labour adjustment benefits are not payable to a qualified employee after the week during which he attains sixty-five years of age. Idem (3) Labour adjustment benefits shall cease with the payment for the week in which the qualified employee dies. 1980-81-82-83, c. 89, s. 14, c. 169, s. 6
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Initial amount of benefit 19 (1) The initial amount of labour adjustment benefit payable to a qualified employee is a weekly amount equal to sixty per cent of his average weekly insurable earnings, which amount shall be rounded to the nearest cent or, if the amount is equidistant from two cents, to the greater thereof. Work sharing agreements (2) For the purposes of this Act, the weekly insurable earnings of a qualified employee for any week of employment under a work sharing agreement approved pursuant to section 24 of the Employment Insurance Act is the lesser of (a) the total amount the employee would have earned for that week if he had worked a full working week for the employer he worked for under the agreement, and (b) the maximum weekly insurable earnings, as determined pursuant to that Act, for that week. R.S., 1985, c. L-1, s. 19; 1996, c. 23, s. 180
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Annual adjustment 20 (1) The weekly amount of labour adjustment benefit payable to a qualified employee shall be adjusted each year so that the amount of the benefit payable to the employee for a week in any year following the year in which his effective date of lay-off falls is equal to the amount obtained (a) by multiplying (i) the initial amount of the benefit as determined pursuant to subsection 19(1) by (ii) the ratio, rounded to the nearest one-thousandth or, where the ratio is equidistant from two one-thousandths, to the greater thereof, that the Pension Index for that following year bears to the Pension Index for the year in which the effective date of lay-off occurs; and (b) by rounding the product obtained under paragraph (a) to the nearest cent or, if the product is equidistant from two cents, to the greater thereof. Pension Index (2) In this section, the Pension Index for any year means the Pension Index for that year calculated in accordance with section 43 of the Canada Pension Plan . 1980-81-82-83, c. 89, s. 16
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Deductions 21 (1) There shall be deducted from the weekly amount of labour adjustment benefit payable to a qualified employee an amount equal to (a) sixty cents for each dollar that is received by the employee as (i) vacation pay, severance pay, salary, wages or other remuneration, including gratuities but excluding any worker compensation benefits or other disability payments, in respect of any office or employ- ment continued or commenced after the commencement of such benefit, or (ii) income from any business carried on by him, either alone or with others, that is continued or commenced after the commencement of such benefit, and that is allocated to that week in accordance with the regulations; and (b) one dollar for each dollar that is received by the employee as (i) benefits under an employer pension plan earned by the employee as a result of any office or employment, (ii) a retirement pension under the Canada Pension Plan or a provincial pension plan, (iii) benefits under Part I of the Employment Insurance Act , (iv) [Repealed, 1996, c. 23, s. 181] (v) vacation pay, severance pay, salary, wages or other remuneration, including gratuities but excluding any worker compensation benefits or other disability payments, in respect of any office or employment terminated prior to the commencement of such benefit, or (vi) income from any business carried on by him, either alone or with others, that is terminated prior to the commencement of such benefit, and that is allocated to that week in accordance with the regulations. Definitions (2) In subsection (1), business includes a profession, calling, trade, manufacture or undertaking of any kind and an adventure or concern in the nature of trade, but does not include an office or employment; ( entreprise ) employment means the position of an individual in the service of some other person, including Her Majesty or a foreign state or sovereign; ( emploi ) office means the position of an individual entitling him to a fixed or ascertainable stipend or remuneration and includes any office the incumbent of which is elected by popular vote or is elected or appointed in a representative capacity and also includes the position of a corporation director. ( charge ) R.S., 1985, c. L-1, s. 21; 1996, c. 23, s. 181
Labour Adjustment Benefits Act — L-1
business includes a profession, calling, trade, manufacture or undertaking of any kind and an adventure or concern in the nature of trade, but does not include an office or employment; ( entreprise )
Labour Adjustment Benefits Act — L-1
employment means the position of an individual in the service of some other person, including Her Majesty or a foreign state or sovereign; ( emploi )
Labour Adjustment Benefits Act — L-1
office means the position of an individual entitling him to a fixed or ascertainable stipend or remuneration and includes any office the incumbent of which is elected by popular vote or is elected or appointed in a representative capacity and also includes the position of a corporation director. ( charge )
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Deemed benefit 22 (1) Where a qualified employee to whom labour adjustment benefits are payable has, after his effective date of lay-off and before the commencement of those benefits, received a lump sum payment, under or in respect of an employer pension plan, earned by the employee as a result of an office or employment in the Canadian establishment from which he was laid off, the payment is deemed to be a benefit referred to in subparagraph 21(1)(b)(i). Report of earnings (2) A qualified employee to whom labour adjustment benefits are being paid shall submit to the Commission a report, in such form and manner and at such times as the Commission may direct, setting out the amounts received by the employee in the period to which the report relates as remuneration, income, benefits, pension or allowance described in paragraph 21(1)(a) or (b) and such other information as the Commission may require. Failure to comply (3) Notwithstanding any other provision of this Act, a qualified employee who fails to comply with a requirement under subsection (2) that has not been waived under subsection (4) is not qualified to receive labour adjustment benefits as long as the failure to comply continues. Waiver or variation of requirement (4) The Commission may waive or vary any requirement under subsection (2) if in its opinion the circumstances warrant the waiver or variation for the benefit of a qualified employee in a particular case or class or group of cases. 1980-81-82-83, c. 89, s. 17, c. 169, s. 7
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Benefits not assignable 23 Labour adjustment benefits are not capable of being assigned, charged, attached, anticipated or given as security and, subject to subsections 22(1) and 26(1), any transaction purporting to assign, charge, attach, anticipate or give as security any of those benefits is void. R.S., 1985, c. L-1, s. 23; 2001, c. 4, s. 97(F)
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False or misleading statements 24 (1) Where the Board becomes aware of facts establishing, in its opinion, that a person, in relation to an application under section 11, has made a statement or representation that he knew to be false or misleading or has participated or acquiesced in the making of such a statement or representation, the Board may revoke the certification of any employee named in the application. Notification of intention (2) Before the Board revokes the certification of an employee pursuant to subsection (1), it shall notify the employee in writing of its intention to do so. Right to make written representations (3) An employee who is notified pursuant to subsection (2) may within thirty days after the date of the notice, or within such further time as the Board may allow, make representations in writing to the Board with respect to the proposed revocation of his certification. Notification of decision (4) Where the Board revokes the certification of an employee pursuant to subsection (1), it shall notify the employee and the Commission in writing of the revocation. Limitation (5) Notwithstanding any other provision of this Act, a qualified employee whose certification is revoked pursuant to subsection (1) is not qualified at any time before or after the revocation to receive labour adjustment benefits by virtue of the revoked certification. Idem (6) No certification shall be revoked pursuant to subsection (1) more than seventy-two months after the date on which the false or misleading statement was made. Recertification not precluded (7) Nothing in this section shall be construed as preventing an employee whose certification is revoked pursuant to subsection (1) from re-applying to, and being certified by, the Board under section 11. 1980-81-82-83, c. 89, s. 19
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Reconsideration in respect of amounts repayable 25 (1) Subject to subsection (5), the Commission may, at any time within twelve months after labour adjustment benefits have been paid to a person, reconsider (a) any application he made under section 13, (b) any information he provided in the course of a review under subsection 16(1), or (c) any report he submitted under subsection 22(2) and, if the Commission decides that the person has received, in consequence of that application, information or report, labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, the Commission shall calculate the amount of such benefits or excess and shall notify the person in writing of its decision. Reconsideration in respect of amounts payable (2) The Commission may, at any time within thirty-six months after labour adjustment benefits would have been payable to a person, reconsider (a) any application he made under section 13, (b) any information he provided in the course of a review under subsection 16(1), or (c) any report he submitted under subsection 22(2) and, if the Commission decides that the person has not received labour adjustment benefits for which he was qualified or has received less than the benefits payable to him, the Commission shall calculate the amount of such benefits or deficiency and shall notify the person in writing of its decision. Amount repayable (3) If the Commission decides that a person has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, the amount of such benefits or excess as calculated pursuant to subsection (1) is an amount repayable under section 26 and, for the purposes of subsection 26(2), the date of the notice of the decision is the date on which liability arises. Amount payable (4) If the Commission decides that a person has not received labour adjustment benefits for which he was qualified or has received less than the benefits payable to him, the amount of such benefits or deficiency as calculated pursuant to subsection (2) is the amount payable to that person. Extension (5) Where, in the opinion of the Commission, a false or misleading statement or representation has been made in connection with any application, information or report referred to in subsection (1), the Commission may, at any time within seventy-two months after labour adjustment benefits have been paid to a person, reconsider the application, information or report under that subsection. 1980-81-82-83, c. 89, s. 20
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Liability for overpayments 26 (1) Where a person has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him, he is liable to repay an amount equal to the amount of those benefits or excess, as the case may be, and that amount is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided by the Employment Insurance Act in respect of the recovery of amounts paid as benefits under that Act. Limitation (2) No amount due as a debt under subsection (1) may be recovered more than seventy-two months after the date on which the liability arose. R.S., 1985, c. L-1, s. 26; 1996, c. 23, s. 187
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Return of overpayments 27 A person who has received labour adjustment benefits for which he was not qualified or in excess of the benefits payable to him shall forthwith return to the Commission the amount of such benefits or excess, as the case may be. 1980-81-82-83, c. 89, s. 22