Employment Insurance Act

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PAST AMENDMENTS TO THE EMPLOYMENT INSURANCE ACT

BILL S - 10

A SECOND ACT TO HARMONIZE FEDERAL LAW WITH THE CIVIL LAW OF THE PROVINCE OF QUEBEC AND TO AMEND CERTAIN ACTS IN ORDER TO ENSURE THAT EACH LANGUAGE VERSION TAKES INTO ACCOUNT THE COMMON LAW AND THE CIVIL LAW
[Assented to 15^th December 2004]

Official version published in the Canada Gazette Part III – Vol. 27, No 3, Chapter 25, January 26, 2005.

SUMMARY

This enactment is the second in a series of enactments drafted in the course of the harmonization initiation of the Department of Justice of Canada undertaken as a result of the coming into force of the Civil Code of Québec in 1994, which substantially changed the concepts, institutions and terminology of civil law.

It continues and completes the harmonization, with the civil law of the Province of Quebec, of some of the statutes that were partially harmonized by the first harmonization Act (Federal Law–Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4) and of certain other statutes.

SHORT TITLE

1. This Act may be cited as the Federal Law–Civil Law Harmonization Act, No. 2.

The sections of Bill S-10 relating to the Employment Insurance Act are as follows:

EMPLOYMENT INSURANCE (1996, c. 23)

133. Subsection 46.1(1) of the English version of the Employment Insurance Act is replaced by the following:

Liability of directors to pay penalties

46.1 (1) If a penalty is imposed on a corporation under section 38 or 39 for an act or omission, the directors of the corporation at the time of the act or omission are, subject to subsections (2) to (7), jointly and severally, or solidarily, liable, together with the corporation, to pay the amount of the penalty. 1999, c. 31, s. 77(1)(F)

134. Subsection 83(1) of the English version of the Act is replaced by the following:

Liability of directors

83. (1) If an employer who fails to deduct or remit an amount as and when required under subsection 82(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally, or solidarily, liable, together with the corporation, to pay Her Majesty that amount and any related interest or penalties.

197. Paragraph 46.1(2)(c) of the Employment Insurance Act is replaced by the following:

(c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of its liability has been proved within six months after the date of the assignment or bankruptcy order. 1999, c. 31, s. 77(2)(F)

Coming into force

This bill came into force when it received Royal Assent.