Section 82.01 — Employment Insurance Act: Excess payment — amount deemed not deducted

Subject to subsection (2), an amount deducted by an employer under subsection 82(1) for a year after 2015 in respect of an excess payment that was paid —

as a result of a clerical, administrative or system error —

as remuneration to an insured person is deemed not to have been deducted for the purposes of this Act if before the end of the third year after the calendar year in which the amount was deducted, the employer elects to have this section apply in respect of the amount, and the insured person has repaid, or made an arrangement to repay, the employer; the employer has not filed an information return correcting for the excess payment before making the election referred to in subparagraph (a)(i); and any additional conditions specified by the Minister are met. For the purposes of subsection (1), the amount that is deemed not to have been deducted is the amount that was deducted by the employer or, if the amount determined by the following formula is less than the amount that was deducted by the employer, the amount determined by the formula A − B where A is the aggregate of all amounts that were deducted by the employer as the employee’s premiums for the year in question; and B is the aggregate of all amounts that would have been deducted by the employer as the employee’s premiums for that year had the employer not made the excess payment referred to in subsection (1).