Employment Insurance Act - Amendments - Bill C-40

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PAST AMENDMENTS TO THE EMPLOYMENT INSURANCE ACT


BILL C- 40

Miscellaneous Statute Law Amendment Act, 2001

[Assented to 18th December, 2001]

Official version published in the Canada Gazette Part III- Vol. 24, No 5, Chapter 34, on February 13, 2002.

An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect.

SUMMARY

The Miscellaneous Statute Law Amendment Program was established in 1975. Since then, nine Acts have been passed (1977, 1978, 1981, 1984, 1987, 1992, 1993, 1994 and 1999). The purpose of the Program is to allow minor amendments of a non-controversial nature to be made to a number of federal statutes without having to wait for particular statutes to be opened up for amendments of a more substantial nature. Anyone may suggest amendments for possible inclusion in a set of proposals, but most of the current proposals have come from government departments or agencies.

The Legislation Section of the Department of Justice is responsible for receiving and reviewing proposals. The following criteria are applied to determine whether a suggested amendment may be included in the Proposals tabled in Parliament. The suggested amendment must not

  1. be controversial;
  2. involve the spending of public funds;
  3. prejudicially affect the rights of persons; or
  4. create a new offence or subject a new class of persons to an existing offence.

The Legislation Section prepares a document entitled ''Proposals for a Miscellaneous Statute Law Amendment Act'', containing only those proposals that, in its view, meet the Program criteria.

This document is tabled in the House of Commons by the Minister of Justice, and referred to the appropriate Standing Committee of the House. Except in 1977, the proposals have also been tabled in the Senate and referred to its Standing Committee on Legal and Constitutional Affairs.

Consideration of the proposals by these Committees has always been thorough and non-partisan. If either of these Committees considers a proposal to be controversial, that proposal is dropped.

The reports of the Senate Committee have always been adopted by the Senate, but a motion has never been made for concurrence in the reports of the House of Commons.

A Miscellaneous Statute Law Amendment Bill is then prepared, based on the reports of the two Committees and containing only proposals approved by both Committees. Passage of the Bill has always been speedy, given the usual understanding that the Bill will receive three readings in each House without debate.

SHORT TITLE

This Act may be cited as the Miscellaneous Statute Law Amendment Act, 2001.

The section of Bill C-40 relating to the Employment Insurance Act is as follows:

Employment Insurance Act (1996, c. 23)

41. Paragraph 27(2)(c) of the English version of the Employment Insurance Act is replaced by the following:

(c) it is not in the claimant's usual occupation and is either at a lower rate of earnings or on conditions less favourable than those that the claimant might reasonably expect to obtain, having regard to the conditions that the claimant usually obtained in the claimant's usual occupation, or would have obtained if the claimant had continued to be so employed.
1996, c. 23, par.27 (2)(c); 2001, c. 34, s.41 (E)

EXPLANATORY NOTE
(This note is not part of the Bill)

The provision of this Act and the provision of the Employment Insurance Act as enacted by this Act, come into force, or is deemed to have come into force, on December 18, 2001.