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Employment Insurance Act

PAST AMENDMENTS TO THE EMPLOYMENT INSURANCE ACT

BILL S-4

The Federal Law-Civil Law Harmonization Act, No. 1
[Assented to 10th May 2001]

Official version published in the Canada Gazette Part III – Vol. 24, No 1, Chapter 4, June 18, 2001.

SUMMARY

This enactment repeals the pre-Confederation provisions of the 1866 Civil Code of Lower Canada that fall within federal jurisdiction and replaces certain provisions with appropriate provisions on marriage applicable only in the Province of Quebec.

This enactment also amends the Interpretation Act to recognize Canadian bijuralism and to provide that provincial law relating to property and civil rights applies to federal legislation on a suppletive basis. It also amends that Act to include interpretation rules relating to bijural provisions in federal enactments.

It harmonizes provisions of the Federal Real Property Act, the Bankruptcy and Insolvency Act and the Crown Liability and Proceedings Act with the civil law of the Province of Quebec.

It also harmonizes certain provisions of other Acts of Parliament with the civil law of the Province of Quebec insofar as those provisions relate to the property law, civil liability law or security law of that Province.

Generally, in provisions that describe a legal concept by using a common law term and a civil law term, the common law term appears first in the English version and the civil law term appears first in the French version. Examples of this are ``real property and immovables'' in the English version and ``immeuble et bien réels'' in the French version.

SHORT TITLE

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

The sections of Bill S-4 relating to the Employment Insurance Act are as follows:

EMPLOYMENT INSURANCE ACT (1996, c. 23)

74. Subsection 42(1) of the French version of the Employment Insurance Act is replaced by the following:

Incessibilité des prestations

42. (1) Sous réserve des paragraphes (2) et (3), les prestations ne peuvent être cédées, grevées, saisies ni données en garantie et toute opération en ce sens est nulle.

75. Paragraph 61(1)(b) of the English version of the Act is replaced by the following:

(b) loans, loan guarantees or suretyships;

76. Paragraph 65(b) of the English version of the Act is replaced by the following:

(b) an amount paid on a guarantee or suretyship of a loan made to the person; and

77. Subsection 86(5) of the French version of the Act is replaced by the following:

Garantie

(5) Le ministre peut, s'il le juge opportun dans un cas particulier, accepter en garantie du paiement de cotisations une hypothèque ou une charge sur les biens de l'employeur ou d'une autre personne ou une autre garantie fournie par d'autres personnes.

78. Subsection 102(13) of the English version of the Act is replaced by the following:

Proof of documents

(13) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision, assessment, discharge of mortgage, release of hypothec or other document executed under, or in the course of the administration or enforcement of, this Part over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue or an officer authorized to exercise the powers or perform the duties of the Minister under this Part, is deemed to be a document signed, made and issued by the Minister, the Deputy Minister, the Commissioner or the officer unless it has been called into question by the Minister or by a person acting for the Minister or for Her Majesty. 1999,c. 17. s. 133

Coming into force

178. The provisions of this Act, other than Part 8, come into force on a day or days to be fixed by order of the Governor in Council.

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

Sections 74 to 78 came into force on June 1, 2001
( Ref.
 Canada Gazette Part II, Vol. 135, No.13,- June 20, 2001, SI 2001-71)