Acts and Regulations

2011, c.148 - Employment Development Act

Full text
Current to 1 January 2024
2011, c.148
Employment Development Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“employment development program” means a program designated by regulation as an employment development program for the purposes of this Act. (programme de développement de l’emploi)
“financial assistance” means(aide financière)
(a) payments of interest on loans,
(b) direct loans,
(c) grants and forgivable loans,
(d) guarantees of the repayment of loans, and
(e) guarantees of bonds or debentures.
“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes any person designated by the Minister under section 5 to act on the Minister’s behalf. (ministre)
1988, c.E-7.11, s.1; 1992, c.2, s.18; 1998, c.41, s.49; 2000, c.26, s.105; 2006, c.16, s.59; 2007, c.10, s.29; 2017, c.63, s.20; 2019, c.2, s.47
Authority to provide financial assistance
2(1)With the approval of the Lieutenant-Governor in Council or in accordance with the regulations, the Minister, under an employment development program, may provide financial assistance to aid and encourage the creation of employment opportunities in the Province.
2(2)Financial assistance provided under subsection (1) shall be in accordance with the terms and conditions specified by the Minister or specified in the approval of the Lieutenant-Governor in Council.
2(3)The Minister may take the security that the Minister considers appropriate for financial assistance provided under subsection (1).
2(4)The Minister has the authority to enforce any security taken under this section in accordance with the terms of the security.
2(5)When an amount becomes legally due and payable by virtue of anything done under subsection (1) or as a result of a call of a guarantee issued under subsection (1), the amount is a liability of the Province and is payable out of the Consolidated Fund.
1988, c.E-7.11, s.2
Application for financial assistance
3(1)A person who seeks financial assistance under this Act shall apply to the Minister in accordance with the regulations.
3(2)If the Minister is of the opinion that the financial assistance sought should not be provided, the Minister may refuse to act under section 2 and shall so notify the applicant.
3(3)The Minister is not required to give reasons for refusing to act on an application for financial assistance.
1988, c.E-7.11, s.3
Authority to enter into agreements
4(1)With the approval of the Lieutenant-Governor in Council or in accordance with the regulations, the Minister may enter into agreements with the Government of Canada, a provincial government or a person in relation to financial assistance to aid and encourage the creation of employment opportunities in the Province.
4(2)With the approval of the Lieutenant-Governor in Council or in accordance with the regulations, the Minister may enter into agreements with the Government of Canada, a provincial government or a person in relation to financial assistance under an employment development program.
1988, c.E-7.11, s.4
Administration
5The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
1988, c.E-7.11, s.5
Regulations
6The Lieutenant-Governor in Council may make regulations
(a) designating programs as employment development programs for the purposes of this Act;
(b) prescribing the circumstances in which the Minister may act under section 2 or 4 without the approval of the Lieutenant-Governor in Council;
(c) respecting the manner in which applications for financial assistance under this Act are to be made and the terms and conditions to be satisfied by applicants for financial assistance before financial assistance is provided under this Act;
(d) limiting the amount of financial assistance provided under this Act;
(e) respecting records, books, accounts and other documents to be kept by persons who receive financial assistance under this Act;
(f) respecting the inspection of records, books, accounts and other documents kept by persons who receive financial assistance under this Act;
(g) respecting the rate of interest to be paid on loans provided under this Act;
(h) respecting security taken under this Act;
(i) respecting the extension, deferral, adjustment or compromise of
(i) the time for repayment of financial assistance provided under section 2, or
(ii) the terms and conditions of financial assistance provided under section 2;
(j) respecting forms for the purposes of this Act.
1988, c.E-7.11, s.6
Financial assistance given and agreements entered into before March 31, 1989
7(1)Financial assistance provided before March 31, 1989, by the Minister or the Department of Advanced Education and Labour under an employment development program to aid and encourage the creation of employment opportunities in the Province shall be deemed to have been authorized by and given under the laws of the Province, and the provisions of this Act and the regulations apply to that financial assistance with the necessary modifications.
7(2)An agreement entered into before March 31, 1989, by the Minister or the Department of Advanced Education and Labour in relation to financial assistance under an employment development program shall be deemed to have been authorized by and entered into under the laws of the Province, and the provisions of this Act and the regulations apply to the agreement with the necessary modifications.
1988, c.E-7.11, s.7; 1992, c.2, s.18
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to March 29, 2019.