Human Resources Legislative Update

Amendment to EI Act on Employer Repayment Obligations Proclaimed Into Force

Human Resources Legislative Update

Amendment to EI Act on Employer Repayment Obligations Proclaimed Into Force

Date: December 21, 2012

Sections 605 and 607 of the Jobs, Growth and Long-term Prosperity Act, which amend the Employment Insurance Act (“EI Act”) have been proclaimed into force effective January 6, 2013.

Section 607 amends section 46 of the EI Act by adding a section which creates a time limit of 36 months on certain EI repayment obligations of employers and other prescribed parties. The section states: 

46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.