Wage Earner Protection Program Act (S.C. 2005, c. 47, s. 1)
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Act current to 2024-10-30 and last amended on 2021-11-20. Previous Versions
RELATED PROVISIONS
— 2005, c. 47, s. 132, as amended by 2007, c. 36, s. 107
Wage Earner Protection Program Act
132 The Wage Earner Protection Program Act, as enacted by section 1 of this Act, applies in respect of wages owing by an employer only if
(a) the employer becomes bankrupt on or after the day on which that section comes into force; or
(b) all or part of the employer’s property comes into the possession or under the control of a receiver on or after the day on which that section comes into force.
— 2009, c. 2, s. 357
Application
357 The provisions of the Wage Earner Protection Program Act and the Wage Earner Protection Program Regulations as amended by sections 342 to 354 apply
(a) in respect of wages owing to an individual by an employer who becomes bankrupt after January 26, 2009; and
(b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act after January 26, 2009.
— 2011, c. 24, s. 164
Transitional
164 The Wage Earner Protection Program Act, as amended by section 163, applies
(a) in respect of wages owing to an individual by an employer who becomes bankrupt after June 5, 2011; and
(b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver as defined in subsection 243(2) of the Bankruptcy and Insolvency Act, after June 5, 2011.
— 2017, c. 20, s. 391
Appeals — eligibility to receive payments
391 The Wage Earner Protection Program Act, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under section 14 of that Act.
— 2017, c. 20, s. 393
Persons who occupy a position
393 (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of the Minister of Labour under sections 14 to 20 of the Wage Earner Protection Program Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.
No change in status
(2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.
Transfer of money
(3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under sections 14 to 20 of the Wage Earner Protection Program Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.
— 2018, c. 27, s. 649
Application — subsection 7(1)
649 Subsection 7(1) of the Wage Earner Protection Program Act as amended by subsection 631(1) applies
(a) in respect of eligible wages owing to an individual by an employer who becomes bankrupt after February 26, 2018 but before the day on which subsection 631(2) comes into force; and
(b) in respect of eligible wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver, within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act, after February 26, 2018 but before the day on which subsection 631(2) comes into force.
— 2018, c. 27, s. 650
Application — definition eligible wages
650 The definition eligible wages as amended by subsections 627(1) and (3) applies in respect of wages owing to an individual by an employer only if
(a) the employer becomes bankrupt on or after the day on which those subsections come into force; or
(b) any of the employer’s property comes under the possession or control of a receiver, within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act, on or after that day.
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