Part I, Section 37 · Employment Insurance Regulations

Contents

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(1)Subject to the other provisions of this section, payments received by a claimant as an insured person under a supplemental unemployment benefit plan are not earnings for the purposes of section 19, subsection 21(3), section 45 or 46, subsection 152.03(3) or section 152.18 of the Act.

(2)For the purpose of subsection (1), a supplemental unemployment benefit plan is a plan that

(a)identifies the group or groups of employees covered by the plan;

(b)covers any period of unemployment by reason of a temporary stoppage of work, training, illness, injury, quarantine or any combination of such reasons;

(c)requires employees to apply for and be in receipt of benefits in order to receive payments under the plan but may provide for payments to an employee who is not in receipt of benefits for the reason that the employee

(i)is serving the waiting period,

(ii)has insufficient hours of insurable employment to qualify for benefits, or

(iii)has received all of the benefits to which the employee is entitled;

(d)requires that the combined weekly payments received from the plan and the portion of the weekly benefit rate from that employment do not exceed 95 per cent of the employee's normal weekly earnings from that employment;

(e)requires that payments under the plan be financed by the employer and that the employer keep separate accounts for those payments;

(f)requires that, on termination of the plan, all remaining assets revert to the employer or be used for payments under the plan or for administrative costs of the plan;

(g)requires that the plan be submitted to the Commission prior to its effective date and that written notice of any change to the plan be given to the Commission within 30 days after the effective date of the change;

(h)provides that the employees have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan; and

(i)provides that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan.

(3)[Repealed, SOR/2016-314, s. 1] (repealed)

^note

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.

Defined terms · 31

Show every defined term

Act
agricultural enterprise
agriculture
average bank rate
escompte moyen)
bank rate
escompte)
care
condition of entitlement to benefits
admissibilité au bénéfice des prestations)
critically ill adult
critically ill child
debt arising from an act or omission
un acte délictueux)
employment
s own account or in partnership or co-adventure; and(c)the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan. (emploi)
family member
s spouse or common-law partner;(c)a parent of the individual or a spouse or common-law partner of the parent;(d)a child of the individual’s parent or a child of the spouse or common-law partner of the individual’s parent;(e)a grandparent of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s grandparent;(f)a grandchild of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s grandchild;(g)the spouse or common-law partner of the individual’s child or of the child of the individual’s spouse or common-law partner;(h)a parent, or the spouse or common-law partner of a parent, of the individual’s spouse or common-law partner;(i)the spouse or common-law partner of a child of the individual’s parent or of a child of the spouse or common-law partner of the individual’s parent;(j)a child of a parent of the individual’s spouse or common-law partner or a child of the spou
Gaspésie — Îles-de-la-Madeleine
horticulture
income
Lower St. Lawrence and North Shore
Madawaska — Charlotte
non-teaching period
nurse practitioner
pay period
pension
period of eligibility
admissibilité)
plan
plan established under a provincial law
une loi provinciale)
provincial benefits
provincial plan
s and employee’s premiums where the payment of those benefits would have the effect of reducing or eliminating benefits payable under section 22 or 23 of the Act. (régime provincial)
Restigouche — Albert
self-employed person
support
teaching
variable administrative costs

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