Contents
- His Excellency the Governor General in Council, on the rec…
- Insurable Employment
- Agreement — Self-Employed Person
- Part I Benefits
- Part II National Employment Service
- Part III Reduction of Premium for Employers with Wage-Loss Plans
- Part III.1 Reduction of Premiums for Employees Covered by a Provincial Plan and for their Employers
- Part III.2 Reduction of Premium for Self-Employed Persons Covered by a Plan Established Under a Provincial Law
- Part IV Pilot Projects
- Part V Administrative Provisions
- Part VII Transitional Provisions and Coming into Force
- Schedule II.1 Regions Included in Pilot Project No. 6 (Paragraph 77.2(2)(b))
- Schedule II.2 (Subsection 77.2(3))
- Schedule II.3
- Schedule II.4
- Schedule II.6 Regions Included in Pilot Project No. 15 (Paragraph 77.92(2)(b))
- Schedule II.7 (Subsection 77.92(3))
- Schedule II.8 Regions Included in Pilot Project No. 11 (Subsection 77.7(2))
- Schedule II.91 Regions Included in Pilot Project No. 16 (Subsection 77.93(2))
- Schedule III Interim Provisions (Section 95)
His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Immigration, pursuant to subsections 5(4), (6) and (7), paragraphs 7(4)(c), 7.1(6)(b) and 8(2)(a), section 16, paragraph 18(b), subsections 19(1), (3) and (4), section 24, paragraph 25(1)(b), subsection 36(2), section 37, subsections 42(3) and 50(4), section 54, subsections 55(1) and 60(3), sections 69, 109 and 110, subsections 111(5) and 114(1), section 116, paragraph 121(2)(b) and sections 123, 139, 143, 153.1 and 167 of the Employment Insurance Act and paragraph 5(6)(g) set out in section 2 of Schedule II and section 14 set out in section 6 of Schedule II to that Act, hereby approves the annexed Employment Insurance Regulations, made by the Canada Employment and Immigration Commission.note
Insurable Employment
Employment Included in Insurable Employment
2#
(1)Employment in Canada by Her Majesty in right of a province that would, except for paragraph 5(2)(c) of the Act, be insurable employment is included in insurable employment if the government of the province enters into an agreement with the Commission whereby that government agrees to waive exclusion and to insure all its employees engaged in such employment.
(2)For greater certainty, employment in Canada by Her Majesty in right of a province, for the purposes of subsection (1), includes only employment in Canada of employees who are appointed and remunerated under an Act governing that province's public service, or who are employed in Canada by a corporation, commission or other body that is an agent of Her Majesty in right of the province.
3#
(1)Employment in Canada by the government of a country other than Canada or of any political subdivision of that other country, or by an international organization, that would, except for paragraphs 5(2)(d) and (e) of the Act, be insurable employment, may be included in insurable employment if the employing government or the international organization, as the case may be, consents in writing to its inclusion.
(2)Where a consent has been given pursuant to the Unemployment Insurance Regulations, as they read immediately before June 30, 1996, and has not been revoked, it shall be considered to be a consent referred to in subsection (1).
4#
Employment on a ship outside Canada or partly outside Canada that would be insurable employment if it were in Canada is included in insurable employment if that employment is
(a)on a ship of Canadian registry or licence, except where that ship is regularly employed in voyages between ports outside Canada and has been chartered to a person resident outside Canada; or
(b)on a ship, other than a ship of Canadian registry or licence, where
(i)the ship has been chartered to a person resident in Canada and is regularly employed in voyages from a port in Canada,
(ii)the operation of the ship is principally controlled in Canada and regularly employed in voyages from a port in Canada and the owner or managing owner of the ship resides or has a place of business in Canada, or
(iii)any employment on that ship is subject to the provisions of the Act by virtue of an agreement between the Government of Canada and the government of the jurisdiction in which that ship is registered.
5#
Employment outside Canada, other than employment on a ship described in section 4, is included in insurable employment if
(a)the person so employed ordinarily resides in Canada;
(b)that employment is outside Canada or partly outside Canada by an employer who is resident or has a place of business in Canada;
(c)the employment would be insurable employment if it were in Canada; and
(d)the employment is not insurable employment under the laws of the country in which it takes place.
6#
Employment in any of the following employments, unless it is excluded from insurable employment by any provision of these Regulations, is included in insurable employment:
(a)employment of a union member by the member's union in conducting union business, other than picketing in a labour dispute;
(b)employment of a person as an apprentice or trainee, notwithstanding that the person does not perform any services for their employer;
(c)employment of a person as a member of the clergy or as a member of a religious order;
(d)employment of a person in a barbering or hairdressing establishment, where the person
(i)provides any of the services that are normally provided in such an establishment, and
(ii)is not the owner or operator of the establishment;
(e)employment of a person as a driver of a taxi, commercial bus, school bus or any other vehicle that is used by a business or public authority for carrying passengers, where the person is not the owner of more than 50 per cent of the vehicle or the owner or operator of the business or the operator of the public authority;
(f)employment of a person who holds an office, as defined in subsection 2(1) of the Canada Pension Plan,
(i)in or under any department or other portion of the federal public administration set out in Schedule I, II, III, IV or V to the Financial Administration Act,
(ii)where the person is appointed and remunerated under an Act governing the public service of a province, the government of which has, pursuant to subsection 2(1), agreed to insure all of its employees,
(iii)where the person holds the office in or under a corporation, commission or other body that is an agent of Her Majesty in right of a province referred to in subparagraph (ii), or
(iv)where the person holds the office in a union or an association of unions to which the person was elected by popular vote, or was elected or appointed to that office in the union or association in a representative capacity, and that employment is not included in insurable employment by paragraph (a); and
(g)employment of a person who is placed in that employment by a placement or employment agency to perform services for and under the direction and control of a client of the agency, where that person is remunerated by the agency for the performance of those services.
note
Employment Excluded from Insurable Employment
7#
The following employments are excluded from insurable employment:
(a)[Repealed, SOR/97-310, s. 1] (repealed)
(b)employment of a person who is a member of a religious order, if the person has taken a vow of poverty and the person's remuneration is paid directly, or by that person, to the order;
(c)employment in respect of which premiums are payable under
(i)the unemployment insurance law of any state of the United States, the District of Columbia, Puerto Rico or the Virgin Islands, by reason of the Agreement between Canada and the United States Respecting Unemployment Insurance, signed on March 6 and 12, 1942, or
(ii)the Railroad Unemployment Insurance Act of the United States;
(d)employment in Canada of a person who resides in a country other than Canada, if premiums are payable in respect of services performed by the person in Canada under the unemployment insurance laws of that other country;
(e)employment of a person for the purpose of a rescue operation, if the person is not regularly employed by the employer who employs them for that purpose; and
(f)employment under an employment support measure referred to in paragraph 59(b) of the Act — or a measure that is the subject of an agreement under section 63 of the Act — that is established to
(i)help insured participants start businesses or become self-employed, or
(ii)provide insured participants with employment opportunities through which they can gain work experience to improve their long-term employment prospects.
note
8#
(1)Subject to subsections (2) to (4), the following employments are excluded from insurable employment:
(a)employment of a person by an employer, other than as an entertainer, in connection with a circus, fair, parade, carnival, exposition, exhibition or other similar activity if the person
(i)is not regularly employed by that employer, and
(ii)is employed by that employer in that employment for less than seven days in a year; and
(b)[Repealed, SOR/98-588, s. 1] (repealed)
(c)employment of a person by Her Majesty in right of Canada, the government of a province, a municipality or a school board in connection with a referendum or election to public office if the person
(i)is not regularly employed by that employer, and
(ii)is employed by that employer in that employment for less than 35 hours in any year after 1998.
(2)Where an employment that has been excluded from insurable employment under paragraph (1)(a) or (c) becomes a regular employment, the employment is insurable employment beginning on the day or at the hour, as the case may be, that the employment became a regular employment.
(3)Where a person has been employed by the same employer in one or more employments that have been excluded from insurable employment under paragraph (1)(a) and the total period of those employments exceeds six days in the same year, the employments, taken together, are insurable employment beginning on the day when the total period of employment began.
(4)Where a person has been employed by the same employer in one or more employments that have been excluded from insurable employment under paragraph (1)(c) and the total period of those employments exceeds 34 hours in the same year, the employments, taken together, are insurable employment beginning at the hour when the total period of employment began.
9#
(1)The definitions in this subsection apply in this section.
agriculture means the operations of farming that are carried out for the benefit of any person who is a farmer and, without limiting the generality of the foregoing, includes
(a)where carried out on a farm
(i)clearing land for cultivation,
(ii)cultivation of the soil,
(iii)conservation of the soil, including the construction, maintenance and operation of tile drainage systems, ditches, canals, reservoirs or waterways exclusively for the purposes of farming,
(iv)harvesting, storing or grading any natural product of farming,
(v)preparing land for the growing and harvesting of wild berries,
(vi)raising bees and producing honey,
(vii)breeding or raising animals or birds, or producing eggs,
(viii)dairy farming and the processing of milk, butter or cheese that is produced on that farm, and
(ix)producing maple sap, maple syrup or maple sugar; and
(b)where carried out on or off a farm
(i)offering for sale or selling any of the products of the operations referred to in subparagraphs (a) (i) to (ix), if the offering for sale or selling is incidental to those operations, and
(ii)exhibiting, advertising, assembling, freezing, storing, grading, preparing, processing, packing and transporting the products described in subparagraph (i), if those operations are incidental to the offering for sale or selling described in that subparagraph. (agriculture)
agricultural enterprise means the business of agriculture carried on for the benefit of any person who is a farmer. (entreprise agricole)
horticulture means the following operations and includes all the services incidental to the carrying out of those operations, if the services are performed at the place where the operations are carried on:
(a)the propagating, producing, raising or harvesting of
(i)vegetables, flowers, shrubs or ornamental grasses, and
(ii)seeds, seedlings, grafts or cuttings of vegetables, flowers, shrubs or ornamental grasses; and
(b)landscape gardening where it is incidental to the carrying out of
(i)any of the operations described in paragraph (a), or
(ii)agriculture. (horticulture)
(2)The employment of a person by an employer in agriculture, an agricultural enterprise or horticulture that would otherwise be insurable is excluded from insurable employment if the person is employed by the employer in that employment for
(a)less than seven days in a year; or
(b)seven days or more in a year and is not remunerated in cash by the employer for any part of that employment.
Agreement — Self-Employed Person
Termination of Agreement — Notice
Withdrawal of Notice
Part I · Benefits
Hours of Insurable Employment — Methods of Determination
9.1#
Where a person's earnings are paid on an hourly basis, the person is considered to have worked in insurable employment for the number of hours that the person actually worked and for which the person was remunerated.note
9.2#
Subject to section 10, where a person's earnings or a portion of a person's earnings for a period of insurable employment remains unpaid for the reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations, the person is deemed to have worked in insurable employment for the number of hours that the person actually worked in the period, whether or not the person was remunerated.note
10#
(1)Where a person's earnings are not paid on an hourly basis but the employer provides evidence of the number of hours that the person actually worked in the period of employment and for which the person was remunerated, the person is deemed to have worked that number of hours in insurable employment.
(2)Except where subsection (1) and section 9.1 apply, if the employer cannot establish with certainty the actual number of hours of work performed by a worker or by a group of workers and for which they were remunerated, the employer and the worker or group of workers may, subject to subsection (3) and as is reasonable in the circumstances, agree on the number of hours of work that would normally be required to gain the earnings referred to in subsection (1), and, where they do so, each worker is deemed to have worked that number of hours in insurable employment.
(3)Where the number of hours agreed to by the employer and the worker or group of workers under subsection (2) is not reasonable or no agreement can be reached, each worker is deemed to have worked the number of hours in insurable employment established by the Minister of National Revenue, based on an examination of the terms and conditions of the employment and a comparison with the number of hours normally worked by workers performing similar tasks or functions in similar occupations and industries.
(4)Except where subsection (1) and section 9.1 apply, where a person's actual hours of insurable employment in the period of employment are not known or ascertainable by the employer, the person, subject to subsection (5), is deemed to have worked, during the period of employment, the number of hours in insurable employment obtained by dividing the total earnings for the period of employment by the minimum wage applicable, on January 1 of the year in which the earnings were payable, in the province where the work was performed.
(5)In the absence of evidence indicating that overtime or excess hours were worked, the maximum number of hours of insurable employment which a person is deemed to have worked where the number of hours is calculated in accordance with subsection (4) is seven hours per day up to an overall maximum of 35 hours per week.
(6)Subsections (1) to (5) are subject to section 10.1.
(7)[Repealed, SOR/97-31, s. 4] (repealed)
10.01#
(1)If a person is required under their contract of employment to be available for a certain period awaiting a request from their employer to work, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours at a rate equivalent or superior to the remuneration that would be paid if the person had actually worked during that period.
(2)Despite subsection (1), if a person is required by their employer under their contract of employment to be present at the employer's premises for a certain period in case their services are required, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours.
note
10.1#
(1)Where an insured person is remunerated by the employer for a period of paid leave, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked and for which the person would normally have been remunerated during that period.
(2)Where an insured person is remunerated by the employer for a period of leave in the form of a lump sum payment calculated without regard to the length of the period of leave, the person is deemed to have worked in insurable employment for the lesser of
(a)the number of hours that the person would normally have worked and for which the person would normally have been remunerated during the period, and
(b)the number of hours obtained by dividing the lump sum amount by the normal hourly rate of pay.
(3)Where an insured person is remunerated by the employer for a non-working day and
(a)works on that day, the person is deemed to have worked in insurable employment for the greater of the number of hours that the person actually worked and the number of hours that the person would normally have worked on that day; and
(b)does not work on that day, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked on that day.
note
10.11#
For the purpose of section 10.1, the amounts that are excluded from an insured person’s earnings from insurable employment by subsection 2(3) of the Insurable Earnings and Collection of Premiums Regulations shall not be taken into account in determining the person’s hours of insurable employment.note
10.2#
For the purposes of sections 9.1, 10, 10.01, 10.1 and 22,
(a)an hour of work performed in insurable employment is considered to be a single hour of insurable employment, even if the hour is remunerated at an overtime rate of pay; and
(b)if the addition of hours of insurable employment falling between the first day and the last day worked in a given period of employment results in a total number of hours that contains a fraction of an hour, the fraction shall be counted as a whole hour.
note
11#
(1)Where an insured person is employed on a full-time basis for and remunerated for less than 35 hours per week in an occupation in which the maximum number of hours of full-time work per week is limited by federal or provincial statutes or regulations made under those statutes to less than 35 hours, the insured person is deemed to be employed in insurable employment for 35 hours per week.
(2)Subject to section 10,
(a)an insured person who is a member of the Canadian Forces on full-time service or of a police force and is required to be available on standby outside of their regularly scheduled hours of work is deemed to be employed in insurable employment for 35 hours per week; and
(b)an insured person who is a member of the reserve force and is paid the rate of pay for
(i)each period of duty or training of less than 6 hours is deemed to be employed in insurable employment for 3 1/2 hours per period, or
(ii)each period of duty or training of not less than 6 hours and not more than 24 hours is deemed to be employed in insurable employment for 7 hours per period
to a maximum of 35 hours of insurable employment per week.
Adjustment of Amount of Self-employed Earnings
11.1#
(1)The amount of self-employed earnings referred to in subparagraph 152.07(1)(d)(i) of the Act shall be adjusted annually on a compound basis, beginning on January 1, 2012, by the ratio referred to in paragraph 4(2)(b) of the Act.
(2)If the ratio referred to in subsection (1) is less than 1.0 and would result in an adjusted amount of less than $6,000, the ratio is deemed to be 1.0.
(3)If the adjusted amount calculated in accordance with subsections (1) and (2) is not a multiple of one dollar, that amount shall be rounded down to the nearest dollar.
note
Average Number of Weeks for the Purposes of Paragraphs 7.1(6)(b) and 152.07(3)(b) of the Act
13#
(1)For the purpose of paragraph 7.1(6)(b) of the Act, the average number of weeks of regular benefits of a claimant is the maximum number of weeks for which benefits may be paid to the claimant under section 8 of the Employment Insurance (Fishing) Regulations or subsection 12(2) of the Act, less the number of weeks of benefits paid to the claimant, including the weeks of benefits used to establish the overpayment under paragraph 7.1(6)(a) of the Act, with the result divided by two.
(2)For the purposes of paragraph 152.07(3)(b) of the Act, a self-employed person’s average number of weeks of benefits is the maximum number of weeks for which benefits may be paid to them under subsection 152.14(1) of the Act, less the number of weeks of benefits paid to them, including the weeks of benefits used to establish the overpayment referred to in paragraph 152.07(3)(a) of the Act, with the result divided by two.
Undeclared Earnings Referred to in Subsection 19(3) of the Act
14.1#
For the purpose of allocating any earnings that a claimant has failed to declare to a period referred to in paragraph 15(4)(a), (b) or (c), as that paragraph read immediately before August 12, 2001, where the period began before that date and was to have ended, in accordance with that paragraph, on or after that date, the period ends on August 12, 2001.note
Deductions for Earnings or Allowances While on a Course or Program of Instruction or Training
16#
(1)Subject to subsection (2), an amount equal to the total amount of any allowances payable to a claimant for attending a course or program of instruction or training, other than a course or program to which the Commission or an authority designated by the Commission has referred the claimant, shall be deducted from the benefits payable to the claimant in respect of any week of unemployment
(a)during which the claimant is attending the course or program; and
(b)for which the allowances are payable.
(2)The allowances referred to in subsection (1) do not include
(a)any amounts paid to the claimant for dependant care, travel, commuting, living away from home or disability; or
(b)in the case of work-sharing benefits, any amounts paid to the claimant using financial assistance provided under section 61 of the Act for the purpose of implementing employment support measures in respect of claimants who are entitled to work-sharing benefits.
(3)The total amount of the earnings and allowances paid under Part II of the Act shall be deducted from the benefits payable to a claimant in respect of those weeks where the claimant
(a)does not meet the qualifying conditions of section 7 or 7.1 of the Act or of any regulations made under Part VIII of the Act, or is disentitled or disqualified within the meaning of subsection 6(1) of the Act;
(b)is paid earnings or allowances under Part II of the Act for certain weeks for attending a course or program of instruction or training or is paid earnings from employment for certain weeks of employment under an employment support measure referred to in paragraph 59(b) of the Act that is established to provide insured participants with employment opportunities through which they can gain work experience to improve their long-term employment prospects; and
(c)subsequently becomes entitled to regular benefits in respect of the same weeks as those for which the amounts under paragraph (b) were paid.
Rates of Unemployment
17.1#
(1)The definitions in this subsection apply in this section.
Gaspésie — Îles-de-la-Madeleine means the region described in subsection 3(1) of Schedule I. (région de Gaspésie — Îles-de-la-Madeleine)
Lower St. Lawrence and North Shore means the region described in subsection 3(11) of Schedule I. (région du Bas Saint-Laurent — Côte Nord)
Madawaska — Charlotte means the region described in subsection 5(2) of Schedule I. (région de Madawaska — Charlotte)
Restigouche — Albert means the region described in subsection 5(3) of Schedule I. (région de Restigouche — Albert)
(2)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of
(a)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(b)the average of
(i)the regional rate of unemployment for Restigouche — Albert, as determined in accordance with subsection 17(1), and
(ii)the average of the regional rates of unemployment for Restigouche — Albert and Madawaska — Charlotte, as determined in accordance with subsection 17(1).
(3)For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of
(a)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(b)the average of
(i)the regional rate of unemployment for Restigouche — Albert, as determined in accordance with subsection 17(1), and
(ii)the average of the regional rates of unemployment for Restigouche — Albert and Madawaska — Charlotte, as determined in accordance with subsection 17(1).
(4)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of
(a)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(b)the average of the regional rates of unemployment for Madawaska — Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).
(5)For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of
(a)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(b)the average of the regional rates of unemployment for Madawaska — Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).
(6)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is
(a)in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of
(i)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii)the average of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (4)(b);
(b)in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of
(i)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii)the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.15; and
(c)in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of
(i)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii)the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.05.
(7)For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is
(a)in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of
(i)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii)the average of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (5)(b);
(b)in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of
(i)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii)the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.15; and
(c)in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of
(i)the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii)the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.05.
(8)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of
(a)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b)the average of
(i)the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and
(ii)the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).
(9)For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of
(a)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b)the average of
(i)the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and
(ii)the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).
(10)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of
(a)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b)the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).
(11)For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of
(a)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b)the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).
(12)For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is
(a)in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of
(i)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii)the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (10)(b);
(b)in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of
(i)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii)the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.15; and
(c)in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of
(i)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii)the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.05.
(13)For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is
(a)in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of
(i)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii)the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (11)(b);
(b)in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of
(i)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii)the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.15; and
(c)in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of
(i)the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii)the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.05.
(14)Where a claimant referred to in subsection (2),(4),(6), (8), (10) or (12) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.
(15)Where a claimant referred to in subsection (3),(5),(7), (9), (11) or (13) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.
(16)If, on any day after March 12, 2011, the required number of hours of insurable employment in a claimant’s qualifying period and the number of weeks for which benefits are payable, determined in respect of Madawaska — Charlotte using the regional rate of unemployment as determined in accordance with subsection (6), are exactly the same as if they were determined in respect of the same region using the regional rate of unemployment as determined in accordance with subsection 17(1), subsections (6) and (7) cease to have effect on the Sunday after that day.
(17)If, on any day after March 12, 2011, the required number of hours of insurable employment in a claimant’s qualifying period and the number of weeks for which benefits are payable, determined in respect of Lower St. Lawrence and North Shore using the regional rate of unemployment as determined in accordance with subsection (12), are exactly the same as if they were determined in respect of the same region using the regional rate of unemployment as determined in accordance with subsection 17(1), subsections (12) and (13) cease to have effect on the Sunday after that day.
(18)As soon as possible after the condition referred to in subsection (16) or (17) is satisfied, the Commission must publish a notice in the Canada Gazette that specifies the provisions that cease to have effect. The Commission must also publish the notice on its website.
note
Regions
18#
(1)The regions described in Schedule I are hereby established for the purposes of Parts I and VIII of the Act.
(2)The Commission shall, at least once every five years after the coming into force of subsection (1), review the boundaries of the regions established by that subsection for the purpose of determining if it is appropriate to make changes to those boundaries.
Information Relating to Employment History
Record of Employment
19#
(1)In subsections (2) to (4), "employer" includes a bankrupt employer or the trustee of a bankrupt employer.
(2)Every employer shall complete a record of employment, on a form supplied by the Commission, in respect of a person employed by the employer in insurable employment who has an interruption of earnings.
(3)Subject to subsection (4), copies of the record of employment completed in paper form in accordance with subsection (2) shall be distributed by the employer in the following manner:
(a)the employee's copy shall be delivered to the insured person not later than five days after the later of
(i)the first day of the interruption of earnings, and
(ii)the day on which the employer becomes aware of the interruption of earnings;
(b)the Commission's copy shall be sent to the Commission within the time limit set out in paragraph (a); and
(c)the employer's copy shall be kept and retained as a part of the employer's records and books of account in accordance with subsection 87(3) of the Act.
(3.1)The record of employment completed in electronic form in accordance with subsection (2) shall be distributed by the employer in the following manner:
(a)it shall be sent to the Commission not later than the earlier of
(i)five days after the end of the pay period during which the first day of the employee’s interruption of earnings fell, and
(ii)if there are 13 or fewer pay periods per year under the employer’s pay cycle, 15 days after the first day of the interruption of earnings; and
(b)it shall be kept and retained as part of the employer’s records and books of account in accordance with subsection 87(3) of the Act.
(4)Where, for reasons beyond the employer's control, an employer is unable to deliver the employee's copy of the completed record of employment to the insured person within the time limit set out in paragraph (3)(a), the employer shall
(a)where the employer knows the insured person's mailing address, mail the copy to that person; or
(b)where the insured person's mailing address is not known to the employer, retain the copy until whichever of the following first occurs,
(i)the copy is requested by the Commission,
(ii)the copy is requested by the person, or
(iii)52 weeks have elapsed since the record of employment was completed.
(5)Where an employer has failed to deliver a record of employment to an insured person or to the Commission or the employer is not available or is unable to provide information respecting the record of hours of insurable employment and the insurable earnings of that person because the employer's records are destroyed or lost, the person, on becoming a claimant, may provide, in respect of their hours of insurable employment and insurable earnings, a statement containing evidence of the hours and earnings.
(6)Where a bankrupt employer or the trustee of a bankrupt employer has not provided a record of employment to an insured person or to the Commission, the Commission shall, in respect of that person, determine the number of hours of insurable employment and the amount of insurable earnings for benefit purposes on the basis of the payroll and personnel records of the bankrupt employer provided by the trustee.
Hours of Insurable Employment for Record of Employment
Insurable Earnings
Allocation of Hours of Insurable Employment to the Qualifying Period
22#
(1)Where a period of employment falls partially within a claimant's qualifying period, the Commission shall, unless the claimant or employer provides evidence of the number of hours actually worked within the qualifying period
(a)first allocate the total number of hours worked by the claimant proportionately over the whole period of employment if that period is 52 weeks or less, or over the period of employment covered by the record of employment if that period is more than 52 weeks, on the basis that the claimant worked the same number of hours on each of the seven days of each week; and
(b)then allocate the hours, that have been allocated under paragraph (a) to the portion of the period of employment that falls within the qualifying period, proportionately over the corresponding portion of the qualifying period.
(2)Where the allocation referred to in subsection (1) results in a number of hours that contains a fraction of an hour, the fraction shall be counted as a whole hour.
Allocation of Insurable Earnings
23#
(1)For the purposes of section 14 of the Act, insurable earnings shall be allocated in the following manner:
(a)remuneration, including statutory holiday pay, other than the remuneration referred to in paragraph (b), paid in respect of a pay period shall be allocated in the following manner:
(i)if the remuneration is paid in respect of work performed during the pay period, it shall be allocated to that pay period in proportion to the hours worked during each day of the period,
(ii)if the remuneration is paid in respect of a period of leave, it shall be allocated to that period at the rate at which the period was compensated,
(iii)if the remuneration is paid in respect of a period of leave in the form of a lump-sum payment calculated on a basis other than the length of the period of leave, it shall be allocated proportionately over the whole period;
(b)overtime pay, shift premiums, pay adjustments, retroactive pay increases, bonuses, gratuities, accumulated sick leave credits, incentive payments, cost of living allowances, separation payments, and wages in lieu of notice and vacation pay not paid in respect of a pay period shall be allocated proportionately over the pay period in which they are paid;
(c)any other remuneration not paid in respect of a pay period and not covered by paragraphs (a) and (b) shall be allocated proportionally over the pay period in which it is paid; and
(d)remuneration that remains unpaid for reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations shall be allocated under paragraphs (a) to (c) in the same manner as if it had actually been paid in the normal course of business.
(1.1)Where an insured person is on unpaid leave or has quit their employment or been terminated or laid off, the remuneration referred to in paragraph (1)(b) shall be allocated proportionately over the last pay period for which regular salary, wages or commissions are paid.
(2)Where an insured person is employed in insurable employment on the basis of a contract for a fixed term and their insurable earnings under the contract are not paid on a regular basis, the insurable earnings shall, regardless of the basis on which they are paid, be allocated proportionately over the term of the contract.
(3)Where the remuneration of an insured person consists solely of commissions or of salary and irregularly paid commissions, the person's insurable earnings paid in the period of employment or in the last 52 weeks, whichever is shorter, shall be allocated proportionately over the shorter of the period of employment and the last 52 weeks, as applicable, excluding weeks for which the insured person is on unpaid leave of absence from employment for one of the reasons referred to in subsection 12(3) of the Act.
(4)Where an insured person has insurable earnings to which none of subsections (1) to (3) apply, the insurable earnings paid in the period of employment or in the last 52 weeks, whichever is shorter, shall be allocated proportionately over the shorter of the period of employment and the last 52 weeks, as applicable.
(5)Where the insurable earnings of an insured person for a pay period that is running at the time the insured person is laid off or separated from employment cannot be ascertained with accuracy, the employer may estimate the person's insurable earnings for that period.
Exclusion of Certain Insurable Earnings in the Calculation of the Rate of Weekly Benefits of a Self-employed Person
24.3#
For the purposes of paragraph 152.16(1)(b) of the Act, the following insurable earnings are not taken into account in the calculation of the rate of weekly benefits of a self-employed person:
(a)insurable earnings from any employment that they lost because of their misconduct or that they voluntarily left without just cause within the meaning of paragraphs 29(b.1) and (c) of the Act; and
(b)insurable earnings in the qualifying period earned before the beginning of a prior benefit period established under Part I of the Act or regulations made under Part VIII of the Act for the self-employed person as an insured person.
note
Election to Receive Benefits Payable Under Part I or VII.1 of the Act
Claim for Benefits
26#
(1)Subject to subsection (2), a claim for benefits for a week of unemployment in a benefit period shall be made by a claimant within three weeks after the week for which benefits are claimed.
(2)Where a claimant has not made a claim for benefits for four or more consecutive weeks, the first claim for benefits after that period for a week of unemployment shall be made within one week after the week for which benefits are claimed.
Persons with Mental Disabilities, Incapacitated Persons and Deceased Persons
27#
(1)If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission on behalf of a person with mental disabilities or an incapacitated person, the Commission shall authorize payment of the benefits to any person acting on behalf of the person if the person on whose behalf the claim is made meets the requirements of Part I, VII.1 or VIII of the Act.
(2)If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefits to the legal representative if the deceased person, at the time of death, met the requirements of Part I, VII.1 or VIII of the Act.
(3)For the purposes of subsection (2), "legal representative" means the executor or administrator of the estate of the deceased person.
(4)Notwithstanding subsection (2), any person entitled to succeed to the property of a deceased person may make a claim for benefits, in accordance with subsections (5) and (6), which benefits are payable to the person where the total value of the estate of the deceased person is not sufficient to warrant obtaining
(a)in the case of an intestate succession, letters of administration; or
(b)in the case of a testate succession, probate of the will of the deceased person.
(5)The claim for benefits referred to in subsection (4) shall be made on a form supplied by the Commission and shall include
(a)a statutory declaration, signed by the applicant, stating that the applicant is a person entitled to succeed to the property of the deceased person; and
(b)an undertaking signed by the applicant to repay to the Receiver General any moneys paid in error to the applicant.
(6)When making a claim for benefits referred to in subsection (4), the applicant shall also submit
(a)a copy of the will of the deceased person, if one exists; and
(b)a release of all claims in respect of the amount payable, signed by all persons other than the applicant, if any, who are entitled to succeed to the property of the deceased person.
Payments in Advance
28#
The Commission may pay benefits for a week of unemployment to a claimant in advance of the customary time for paying benefits where
(a)that unemployment arises from the occurrence of a fire, flood, hurricane, epidemic or other natural disaster or act of God at the factory, workshop or other premises or in the area where the claimant is employed;
(b)that week of unemployment is
(i)the week in which Christmas Day falls or the week that precedes the week in which Christmas Day falls, or
(ii)a week during which the claimant is attending a course or program, referred to in paragraph 25(1)(a) of the Act, that is an apprenticeship course or apprenticeship program; or
(c)there is, or is anticipated to be, a disruption of electrical service, electronic processes or telecommunications that will prevent the processing of claims for benefits in the normal manner and in a timely fashion.
note
Employed Person Working a Full Working Week — Special Cases
29#
(1)A claimant is considered to have worked a full working week during each week in the two-week period reported on in the declaration filed when making a claim for benefits where the claimant
(a)is a railway employee;
(b)is remunerated on a mileage basis; and
(c)is remunerated in that two-week period at not less than twice the maximum weekly insurable earnings.
(2)Notwithstanding section 31, a claimant who is employed in farming or horticulture is considered to have worked a full working week during any week in which the claimant works
(a)not less than five days; and
(b)not less than 35 hours in total.
(3)Where, in any week, a claimant does not work on a holiday or, by reason of a holiday, does not work on the working day that immediately precedes or immediately follows that holiday, the claimant shall be regarded as having worked a full working week if, on each of the remaining working days in that week, the claimant works a number of hours at least equal to the number that the claimant would normally work.
(4)Where an insured person is employed under a contract of employment under which the usual remuneration is payable in respect of a period greater than a week, regardless of the amount of work performed in the period, each week that falls wholly in that period is a full working week for the person.
Self-employed Person Working a Full Working Week
30#
(1)Subject to subsections (2) and (4), where during any week a claimant is self-employed or engaged in the operation of a business on the claimant's own account or in a partnership or co-adventure, or is employed in any other employment in which the claimant controls their working hours, the claimant is considered to have worked a full working week during that week.
(2)Where a claimant is employed or engaged in the operation of a business as described in subsection (1) to such a minor extent that a person would not normally rely on that employment or engagement as a principal means of livelihood, the claimant is, in respect of that employment or engagement, not regarded as working a full working week.
(3)The circumstances to be considered in determining whether the claimant's employment or engagement in the operation of a business is of the minor extent described in subsection (2) are
(a)the time spent;
(b)the nature and amount of the capital and resources invested;
(c)the financial success or failure of the employment or business;
(d)the continuity of the employment or business;
(e)the nature of the employment or business; and
(f)the claimant's intention and willingness to seek and immediately accept alternate employment.
(4)Where a claimant is employed in farming and subsection (2) does not apply to that employment, the claimant shall not be considered to have worked a full working week at any time during the period that begins with the week in which October 1st falls and ends with the week in which the following March 31 falls, if the claimant proves that during that period
(a)the claimant did not work; or
(b)the claimant was employed to such a minor extent that it would not have prevented the claimant from accepting full-time employment.
(5)For the purposes of this section, self-employed person means an individual who
(a)is or was engaged in a business; or
(b)is employed but does not have insurable employment by reason of paragraph 5(2)(b) of the Act.
note
Week of Unemployment — Self-employed Person
Employed Persons Working a Full Working Week
31#
(1)A full working week of a claimant, other than a claimant referred to in section 29 or 30, is the number of hours, days or shifts normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.
(2)When the number of hours, days or shifts referred to in subsection (1) is the number that is normally worked by persons in part-time employment and is less than the number of hours, days or shifts normally worked in a calendar week by persons employed in full-time employment in the employment that is closest in nature to the claimant's employment, the claimant is considered to have worked a full working week when the claimant has worked the number of hours, days or shifts that are normally worked by a person in full-time employment.
(3)The full working week of a claimant, other than a claimant referred to in section 29 or 30, who is remunerated on a piece, mileage or other unit rate is the number of days normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.
Working Day
Waiving of the Waiting Period for Apprentices
39.1#
The waiting period shall be waived if the following conditions are met:
(a)the claimant is attending a course that is a required part of an apprenticeship program and to which they are referred pursuant to paragraph 25(1)(a) of the Act;
(b)the claimant has ceased working for the reason described in paragraph (a); and
(c)the claimant has, after the coming into force of this section, served a waiting period in respect of a course that is a required part of the same apprenticeship program.
note
Pregnancy
41#
(1)For the purposes of sections 22 and 152.04 of the Act, the information and evidence to be provided to the Commission by a claimant to prove pregnancy and the expected date of confinement is
(a)a statement signed by the claimant attesting to her pregnancy and declaring her expected date of confinement; and
(b)information regarding the actual date of the birth of the child, provided by the claimant to the Commission in person, by mail or by telephone as soon as is reasonably possible after the birth of the child.
(2)For the purposes of paragraph 8(2)(a) of the Act, a pregnancy is any pregnancy that renders a claimant incapable of performing the duties of her regular or usual employment or of other suitable employment.
Work-Sharing Benefits
42#
Work-sharing benefits are payable to a claimant who is employed in work-sharing employment for each week of unemployment that falls in a benefit period established for the claimant, and subject to sections 43 to 49, the Act and any regulations made under the Act apply to the claimant, with such modifications as the circumstances require.note
43#
An interruption of earnings occurs, in respect of a person employed in work-sharing employment, at the beginning of the week in which there is a reduction of at least 10 per cent in the person's normal weekly earnings.
44#
A claimant is not entitled to work-sharing benefits for any week for which the claimant claims benefits under section 12 of the Act.
45#
Where a benefit period has been established in respect of a claimaint and for any week during that benefit period the claimant is employed in work-sharing employment, the benefit period shall be extended by the total of those weeks and subsections 10(12) to (15) of the Act apply, with such modifications as the circumstances require.note
47#
(1)Earnings received for any week by a claimant from work-sharing employment shall not be deducted from the work-sharing benefits payable pursuant to section 24 of the Act.
(2)If a claimant receives earnings for any week other than by reason of work-sharing employment, the amount determined under subsection 19(2) of the Act shall be deducted from the work-sharing benefits payable to the claimant for that week.
48#
The rate of weekly benefits payable to a claimant employed under a work-sharing agreement approved by the Commission for the purposes of section 24 of the Act is an amount that bears the same ratio to the claimant's rate of weekly benefits determined pursuant to section 14 of the Act that
(a)the number of hours, days or shifts that the claimant did not work because of the work-sharing agreement
(b)the number of hours, days or shifts that the claimant would have worked for the employer according to the claimant's usual work schedule.
bears to
Work-force Reduction Process
51#
(1)Subject to the Act and these Regulations, but notwithstanding section 30 of the Act, a claimant who has left employment in accordance with an employer work-force reduction process that preserves the employment of co-workers may be paid benefits where
(a)the claimant accepted an offer to leave that employment voluntarily; and
(b)the employer has confirmed that the claimant's leaving resulted in the actual preservation of the employment of a co-worker whose employment would otherwise have been terminated in the course of the work-force reduction process.
(2)For the purposes of subsection (1), an employer work-force reduction process is a process
(a)that is initiated by the employer;
(b)that has as its objective a permanent reduction in the overall number of employees;
(c)that offers employees the option to leave employment voluntarily; and
(d)the elements of which, including the elements described in paragraphs (a) to (c), are documented by the employer.
Prescribed Circumstances for the Purposes of Subparagraph 29(c)(xiv) of the Act
51.1#
For the purposes of subparagraph 29(c)(xiv) of the Act, other reasonable circumstances include
(a)circumstances in which a claimant has an obligation to accompany to another residence a person with whom the claimant has been cohabiting in a conjugal relationship for a period of less than one year and where
(i)the claimant or that person has had a child during that period or has adopted a child during that period,
(ii)the claimant or that person is expecting the birth of a child, or
(iii)a child has been placed with the claimant or that person during that period for the purpose of adoption; and
(b)circumstances in which a claimant has an obligation to care for a member of their immediate family within the meaning of subsection 55(2).
note
Loss of Part-time Employment Due to Work Stoppage
52#
(1)Subject to subsection (2), where a claimant loses a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection 36(1) of the Act, the maximum number of days of disentitlement of the claimant is five days per week ending on the occurrence, in respect of the part-time employment, of an event referred to in paragraph 36(1)(a) or (b) of the Act.
(2)Where a claimant loses a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection 36(1) of the Act, the number of days of disentitlement of the claimant in a week is, for the percentage that is set out in column I of the table to this subsection and that is the ratio between the claimant’s average weekly insurable earnings in that part-time employment and the weekly insurable earnings as determined under section 14 of the Act, the corresponding number of days of disentitlement set out in column II of that table, ending on the occurrence, in respect of the part-time employment, of an event referred to in paragraph 36(1)(a) or (b) of the Act.Column I | Column IIPercentage | Number of Days of Disentitlementmore than 0 but not more than 10 | 0more than 10 but not more than 30 | 1more than 30 but not more than 50 | 2more than 50 but not more than 70 | 3more than 70 but not more than 90 | 4more than 90 | 5
Termination of Work Stoppage
53#
(1)For the purposes of section 36 of the Act and subject to subsection (2), a stoppage of work at a factory, workshop or other premises is terminated when
(a)the work-force at the factory, workshop or other premises attains at least 85 per cent of its normal level; and
(b)the level of activity in respect of the production of goods or services at the factory, workshop or other premises attains at least 85 per cent of its normal level.
(2)Where, in respect of a stoppage of work, an occurrence prevents the attainment of at least 85 per cent of the normal level of the work-force or activity in respect of the production of goods or services at a factory, workshop or other premises, the stoppage of work terminates
(a)if the occurrence is a discontinuance of business, a permanent restructuring of activity or an act of God, when the level of the work-force or of the activity attains at least 85 per cent of that normal level, with the normal level adjusted by taking that occurrence into account; and
(b)if the occurrence is a change in economic or market conditions or in technology, when
(i)there is a resumption of activity at the factory, workshop or other premises, and
(ii)the level of the work-force and of the activity attains at least 85 per cent of that normal level as adjusted by taking that occurrence into account.
(3)For the purposes of calculating the percentages referred to in subsections (1) and (2), no account shall be taken of exceptional or temporary measures taken by the employer before and during the stoppage of work for the purpose of offsetting the effects of the stoppage.
Claimants Who Are Inmates of an Institution
54#
(1)A claimant who is not a self-employed person, who is an inmate of a prison or similar institution and who has been granted parole, day parole, temporary absence or a certificate of availability, for the purpose of seeking and accepting employment in the community, is not disentitled from receiving benefits by reason only of section 37 of the Act.
(2)A self-employed person who is an inmate of a prison or similar institution and who has been granted parole, day parole or a temporary absence is not disentitled from receiving benefits by reason only of section 152.2 of the Act.
Provision of Information
55.1#
Employers who participate in a program to enable the Commission to substantiate proof provided to it by claimants in respect of their fulfilment of conditions for receiving or continuing to receive benefits shall provide, electronically on a monthly basis, the following information to the Commission in respect of their employees:
(a)dates of commencement of employment;
(b)periods of employment; and
(c)amounts earned during employment.
note
Ratification of Amounts Paid to Persons While Not Entitled
55.2#
The Commission may ratify the amounts paid
(a)to claimants whose benefit period was established in the period beginning on January 4, 2009 and ending on September 11, 2010 following a claim for special benefits; and
(b)for a week that is after the expiry of the benefit period that should have been established with respect to them under subsection 10(2) of the Act, as it read on October 25, 2009.
note
Deductions from Benefits for Payments to Governments and Authorities
57#
(1)In this section, deduction means a deduction from benefits that is made by the Commission pursuant to subsection 42(3) of the Act.
(2)No deduction shall be made in respect of any advance or assistance or welfare payment paid by the Government of Canada or any of its agencies, a provincial or municipal government or any other authority prescribed by this section, unless
(a)an arrangement has been entered into between the Commission and the Government of Canada or any of its agencies, the provincial government or the municipal government or the prescribed authority in respect of the deduction; and
(b)the person to whom the payment is made has consented pursuant to subsection 42(3) of the Act to the deduction by signing the form supplied by the Commission.
(3)The Commission may at any time terminate an arrangement entered into pursuant to subsection (2).
(4)The council of an Indian band, referred to as a council of the band in subsection 2(1) of the Indian Act, is a prescribed authority for the purposes of subsection 42(3) of the Act.
Part II · National Employment Service
58#
The national employment service maintained by the Commission under subsections 60(1) and (2) of the Act shall, for the purpose of facilitating the fullest possible integration into the Canadian work force of persons who need assistance in competing in the labour market, in cooperation with interested public authorities, employers, unions and organizations representing industries and industrial sectors,
(a)collect and analyse the available information on the situation of the labour market, including information on labour market supply and demand, the economic and employment situations of individuals, families and communities, career and learning trends, and social and community conditions, and its probable evolution, both in Canada as a whole and in different industries, occupations and areas;
(b)make that information available systematically and promptly to interested public authorities, the employers' and workers' organizations concerned and the general public;
(c)help workers find suitable employment by
(i)making available to them information on employment opportunities locally, regionally and nationally, including information on specific job openings as well as general information on careers and occupations that are in demand in the labour market and the educational and skill requirements for those careers or occupations,
(ii)where appropriate, referring them to other sources of labour market information such as social service agencies and community employment services organizations,
(iii)obtaining from workers seeking employment such information as is necessary to effect proper referrals to employment opportunities within Canada and abroad,
(iv)in accordance with local community-based service and client targeting strategies, interviewing and counselling workers, when necessary, to assess their employment needs and assist them to develop action plans in order to address those needs, and
(v)providing them with information on the availability of special assistance where they are experiencing particular difficulty obtaining or keeping employment; and
(d)help employers find suitable workers by
(i)obtaining from them information on job vacancies and such information as is necessary to effect proper referrals of workers to the employers,
(ii)advising them on various ways to meet their employment needs, and
(iii)making available to them information on workers searching for employment.
59#
The national employment service shall be made available at no cost to all workers whether insured or not or whether they are claiming unemployment benefits or not, and to all employers, workers' organizations and interested public and private organizations providing employment assistance services to workers.
Part III · Reduction of Premium for Employers with Wage-Loss Plans
Interpretation
Application
Standards
64#
A Special Weekly Indemnity Plan shall meet the following requirements:
(a)the plan must be provided or financed, in whole or in part, by an employer that is Her Majesty in right of a province, a provincial Crown corporation, a municipal authority or a public authority of a province or an institution primarily controlled, supported or financed by a province;
(b)the plan must satisfy all the requirements of section 63, except the requirements of paragraphs 63(e) and (f);
(c)subject to the elimination period referred to in paragraph 63(b), full benefits payable under the plan to an insured person are reinstated after one month of active employment following their most recent absence due to illness or injury; and
(d)in any case not referred to in paragraph (c) and subject to the elimination period referred to in paragraph 63(b), benefits under the plan are payable with respect to the insured person's illness or injury until the earliest of
(i)the end of a period of at least 52 weeks during which the benefits are paid,
(ii)the end of the period of incapacity due to the illness or injury,
(iii)the date the insured person retires, and
(iv)the date of the insured person's separation from employment resulting from any reason other than illness or injury, where notice of the separation was given before the onset of the illness or the occurrence of the injury.
67#
(1)A plan that meets the requirements of section 63, 64, 65 or 66 shall be evidenced by a formal written commitment, including one or a combination of any of the following:
(a)a union or association agreement;
(b)an industry-wide plan;
(c)a private carrier insurance policy;
(d)an undertaking contained in an employees' handbook;
(e)a board of directors' resolution that has been implemented;
(f)an undertaking contained in a personnel policy bulletin; or
(g)a memorandum or other document addressed to employees by their employer.
(2)Subject to section 71, if a plan referred to in section 63, 64, 65 or 66 becomes a qualifying plan or ceases to be a qualifying plan under subsection (4) at any time during the year for which a reduction of the employer’s premium rate is made under subsection 62(1), the reduction shall apply to the number of months in the year during which the plan is a qualifying plan.
(4)For the purpose of determining when a plan becomes or ceases to be a qualifying plan under this Part, where the plan becomes or ceases to be a qualifying plan
(a)on or before the 15th day of a month, it shall be considered to have done so on the first day of that month; and
(b)after the 15th day of a month, it shall be considered to have done so on the first day of the following month.
(5)A plan referred to in section 65 or 66 is considered to be a qualifying plan as of the date an application is made for a reduction of the employer's premium or the date it becomes a qualifying plan under subsection (4), whichever is later, if, on that date, each insured person covered by the plan is credited
(a)in the case of a plan referred to in section 65, with a number of days of paid sick leave equal to 72 minus the maximum number of days that could have been accumulated by the insured person since its commencement or during the six years preceding that date, whichever is the shorter period; and
(b)in the case of a plan referred to in section 66, with a number of days of paid sick leave equal to 120 minus the maximum number of days that could have been accumulated by the insured person since its commencement or during the six years preceding that date, whichever is the shorter period.
note
Application for Reduction of Employer's Premium Rate
68#
(1)An application for a reduction of the employer’s premium rate in respect of insured persons, or for the continuation of such a reduction after the modification or replacement of a plan, shall be made to the Commission by the employer and shall
(a)be accompanied by a copy of the documents that represent the formal commitment referred to in subsection 67(1) or, if the application is for the continuation of a reduction, by a copy of the documents that have been modified or replaced;
(b)provide all the information necessary to determine whether the plan meets or continues to meet the requirements of this Part; and
(c)be accompanied by the employer's undertaking that the insured persons will benefit from the reduction of the employer's premium in an amount at least equal to five twelfths of the reduction, as required by subsection 69(1) of the Act.
(2)Where an application referred to in subsection (1) is incomplete or where the Commission requires further information or documentation in order to make a decision on the application and the Commission requests that information or documentation from the employer, the employer shall provide the information or documentation within 30 days after the request is made, and where the information or documentation is not provided to the Commission within that time, an officer of the Commission shall make a decision on the existing information or documentation.
note
69#
(1)In the case of an application for a reduction of the employer’s premium rate, or for the continuation of such a reduction, an employer shall group the insured persons employed by the employer into the following categories:
(a)insured persons who are covered by a plan that satisfies the requirements of section 63;
(b)insured persons who are covered by a plan that satisfies the requirements of section 64;
(c)insured persons who are covered by a plan that satisfies the requirements of section 65, except the insured persons referred to in paragraph 65(d);
(d)insured persons who are covered by a plan that satisfies the requirements of section 66, except the insured persons referred to in paragraph 65(d); and
(e)all other insured persons, including those referred to in paragraph 65(d).
(2)In the case of an application for a reduction, the employer shall
(b)notify the Commission immediately on receipt of those account numbers.
(3)If a modification or replacement of a plan results in a change to the previously established categories of insured persons, the employer shall
(a)on notification by the Commission that the plan as modified or replaced satisfies the requirements of section 63, 64, 65 or 66, request immediately from the Canada Revenue Agency a new account number for any newly established category; and
(b)notify the Commission immediately on receipt of that account number.
(4)For each year for which a reduction of the employer’s premium rate is applicable, the employer shall
(a)beginning not later than the first remittance for the first month from which the employer’s reduction is applicable, remit to the Canada Revenue Agency the employer’s premium payable in respect of all insured persons in each category for which an account number has been received; and
(b)submit to the Canada Revenue Agency, for each account number, an information return that shows the total amount of insurable earnings, of employees’ premiums and of employer’s premiums in respect of all insured persons in the category for which the account number was issued.
70#
If the plan on which a reduction of the employer’s premium rate is based is modified or replaced, the employer shall
(a)notify the Commission within 30 days after the modification or replacement; and
(b)apply for a continuation of the reduction in accordance with section 68.
note
71#
The effective date of a reduction of the employer’s premium rate under subsection 62(1) is,
(a)in the case of an initial application for a reduction,
(i)the first day of the month following the month in which the application was made, if it was made on or before the 15th day of the month, or
(ii)the first day of the second month following the month in which the application was made, if it was made after the 15th day of the month, and
(b)in the case of an application for the continuation of a reduction, the effective date of the modification or replacement of the plan.
note
72#
(1)On receiving an application that is in accordance with section 68, an officer of the Commission shall decide whether the employer meets or continues to meet the requirements for receiving a reduction under this Part and shall notify the employer of the decision.
(2)If an employer does not comply with section 70, an officer of the Commission shall, after learning of the non-compliance and giving the employer an opportunity to be heard, make the decision referred to in subsection (1) and notify the employer of the decision.
(3)If an employer’s plan ceases to meet the requirements of paragraph 63(d), an officer of the Commission shall terminate entitlement to the reduction and notify the employer of the decision.
Termination of Plan
Appeals
75#
An employer may appeal to the Commission a decision made pursuant to section 72 of these Regulations or pursuant to subsection 69(4) of the Act or a new decision made pursuant to subsection 69(5) of the Act, within one year after the day on which notice of the decision or new decision is sent to the employer.
Transitional Provisions
76#
The Commission may reconsider an application by an employer for a reduction of the employer's premium for the year 1995 where the employer
(a)has made the application before December 4, 1994;
(b)has been considered for a premium reduction for the year 1995; and
(c)would have been entitled to a greater premium reduction if the application had been made on or after December 4, 1994.
Part III.1 · Reduction of Premiums for Employees Covered by a Provincial Plan and for their Employers
Division 1 — General
Interpretation
76.01#
The definitions in this section apply in this Part.
provincial benefits means allowances, money or other benefits, paid to a person under a provincial plan because of pregnancy or in respect of the care by that person of one or more of their new-born children or one or more children placed with them for the purpose of adoption. (prestations provinciales)
provincial plan means a plan, established under a provincial law, that provides for the payment of provincial benefits and in respect of which an agreement has been entered into between the Government of Canada and the province to establish a system for reducing employer’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)
variable administrative costs means the amount of direct operating costs incurred to provide benefits under sections 22, 23, 152.04 and 152.05 of the Act that fluctuate with the number of claims for such benefits that are processed, not including any fixed operating costs related to the administration of the Act. (frais administratifs variables)
note
Adaptation of the Act and these Regulations
Division 2 — Premium Reduction System
Standards
76.03#
A provincial plan shall, beginning on the day on which it takes effect, meet the following requirements:
(a)the plan must provide for the payment of provincial benefits;
(b)the plan must, at a minimum, cover substantially the same persons as those who are insured persons under the Act;
(c)the global amount of provincial benefits payable to a person under the plan must be substantially equivalent to or greater than the global amount of benefits payable to a claimant under section 22 or 23 of the Act;
(d)the plan must provide that an applicant who has received at least one week of provincial benefits under it shall continue to receive such benefits for their full period of entitlement, even if, after receiving that first week of benefits, they become a resident of a different province;
(f)the plan must provide for the sharing, by the province with the Government of Canada, of information obtained in the course of administering the plan that is necessary for the administration of a premium reduction system established by this Part, as well as information prepared from that information.
note
Premium Reduction
76.04#
The employee’s and employer’s premiums payable under sections 67 and 68 of the Act, respectively, shall be reduced as provided by section 76.05 if the payment of provincial benefits to insured persons under a provincial plan would have the effect referred to in subsection 69(2) of the Act in respect of benefits payable to those persons under section 22 or 23 of the Act.note
76.05#
The premium reduction to be applied to employer’s and employee’s premiums shall be calculated by applying the premium reduction rate determined in accordance with section 76.06.note
76.06#
(1)The premium reduction rate for a year is the rate determined by subtracting the rate determined under paragraph (b) from the rate determined under paragraph (a) and by rounding off the difference in accordance with section 66.4 of the Act:
(a)the rate determined by adding the following results, namely,
(i)the result obtained by dividing the estimated total amount of all benefits that will be paid under sections 22, 23, 152.04 and 152.05 of the Act in respect of that year to all claimants who are not covered by a provincial plan or any other similar plan established under a provincial law by the sum of the estimated total amount of insurable earnings in that year multiplied by 2.4 and the estimated amount of self-employed earnings in that year, taking into consideration the maximum yearly insurable earnings for the year as calculated under section 4 of the Act, of self-employed persons who have entered into — or will enter into during that year — an agreement under section 152.02 of the Act, of all persons who are not covered by such a plan, and
(ii)the result obtained by dividing the estimated total amount of the variable administrative costs that will be incurred in that year to provide benefits under sections 22, 23, 152.04 and 152.05 of the Act to all claimants who are not covered by a provincial plan or any other similar plan established under a provincial law by the sum of the estimated total amount of insurable earnings in that year multiplied by 2.4 and the estimated amount of self-employed earnings in that year, taking into consideration the maximum yearly insurable earnings for the year as calculated under section 4 of the Act, of self-employed persons who have entered into — or will enter into during that year — an agreement under section 152.02 of the Act, of all persons who are not covered by such a plan; and
(b)the rate determined by adding the following results, namely,
(i)the result obtained by dividing the estimated total amount of all benefits that will be paid under sections 22, 23, 152.04 and 152.05 of the Act in respect of that year to all claimants who are covered by a provincial plan or any other similar plan established under a provincial law by the sum of the estimated total amount of insurable earnings in that year multiplied by 2.4 and the estimated amount of self-employed earnings in that year, taking into consideration the maximum yearly insurable earnings for the year as calculated under section 4 of the Act, of self-employed persons who have entered into — or will enter into during that year — an agreement under section 152.02 of the Act, of all persons who are covered by such a plan, and
(ii)the result obtained by dividing the estimated total amount of the variable administrative costs that will be incurred in that year to provide benefits under sections 22, 23, 152.04 and 152.05 of the Act to all claimants who are covered by a provincial plan or any other similar plan established under a provincial law by the sum of the estimated total amount of insurable earnings in that year multiplied by 2.4 and the estimated amount of self-employed earnings in that year, taking into consideration the maximum yearly insurable earnings for the year as calculated under section 4 of the Act, of self-employed persons who have entered into — or will enter into during that year — an agreement under section 152.02 of the Act, of all persons who are covered by such a plan.
(2)Actuarial estimates shall be used to determine the estimated amounts referred to in subsection (1).
(3)The results referred to in paragraphs (1)(a) and (b) shall be determined having regard to the same factors as those set out in section 66 of the Act.
note
76.08#
The reimbursement amount paid by the Province of Quebec in accordance with section 4.5 of the Entente finale Canada-Québec sur le régime québécois d’assurance parentale, signed on March 1, 2005, shall be paid to the Receiver General and shall be considered as if it were an amount required to be paid into the Consolidated Revenue Fund under section 72 of the Act and shall be paid into that Fund.note
Division 3 — Entitlement
Disentitlement
76.09#
(1)Subject to subsection (2), every claimant is disentitled to be paid benefits under section 22 or 23 of the Act if they are entitled to receive provincial benefits under a provincial plan.
(2)Subsection (1) does not apply if, at the request of the claimant, it is determined by the Commission that the amount of provincial benefits the claimant is entitled to receive under the provincial plan is not substantially equivalent to or greater than the amount of benefits that they are entitled to receive under section 22 or 23 of the Act.
(3)Every claimant who has received, or has applied for and is entitled to receive, provincial benefits under a provincial plan in respect of any week is disentitled to be paid benefits in respect of that same week under
(a)Part I of the Act, other than benefits under section 22 or 23 of the Act; or
(4)For greater certainty, subsections (1) to (3) apply in respect of a claimant who has applied for and is entitled to receive provincial benefits under a provincial plan even if the claimant, after making that application, ceases to reside in the province where that plan was established.
(5)For greater certainty, if two persons are caring for the same child or children and one of them is a claimant referred to in subsection (4),
(a)subsections (1) to (3) apply in respect of the other person if that other person is an insured person; and
(b)subsections 76.36(1) to (3) apply in respect of the other person if that other person is a self-employed person.
note
Week Not Counted to Extend Qualifying Period
76.13#
The reference to “a week during which the person was in receipt of benefits” in subsection 8(5) of the Act shall be read as including a week for which the person was paid provincial benefits within the meaning of this Part or Part III.2.note
Extension of the Benefit Period
76.15#
If the child or children of a claimant who has received or is entitled to receive provincial benefits are hospitalized during the period referred to in subsection 23(2) of the Act, the claimant’s benefit period is considered to be extended under subsection 10(12) of the Act by the number of weeks during which the child or children are hospitalized.note
Reduction of Benefits
76.16#
The benefits payable under section 22 or 23 of the Act to a claimant in respect of any week in respect of which the claimant has received or is entitled to receive provincial benefits shall be reduced as provided by section 76.17.note
76.17#
An amount equal to the amount of the provincial benefits that a claimant has received or is entitled to receive in respect of any week under a provincial plan shall be deducted from the amount of benefits payable under section 22 or 23 of the Act to the claimant in respect of that same week, in addition to any deductions referred to in section 19 and subsections 22(5) and 23(3.5) of the Act.note
Payment of Benefits
76.19#
(1)Subject to subsection (2), the provincial benefits paid to a claimant in respect of a week in a benefit period are considered to be benefits paid in respect of a week under the Act if the claimant would have been entitled to the corresponding types of benefits under the Act, and any week in respect of which the claimant receives provincial benefits counts as a week for the purpose of calculating
(a)the overall maximum number of weeks for which benefits may be paid in a benefit period under paragraphs 12(3)(a) and (b) of the Act taken together; and
(b)the maximum number of weeks for which benefits may be paid under subsection 12(4) of the Act.
(1.1)A benefit period is deemed to be established when a benefit period was established under a provincial law, and it is deemed to have begun the same week as the period established under the provincial law if the claimant would have been entitled to the corresponding types of benefits under the Act in respect of the same period.
(2)Where a provincial plan provides for the optional payment of provincial benefits at an accelerated rate, such that the maximum amount of a particular type of provincial benefit payable under the plan may be paid to the claimant over fewer weeks, and the claimant is paid those benefits at the accelerated rate, the number of weeks of benefits that those weeks of provincial benefits represent under the Act shall be determined by multiplying the number of weeks of the particular type of provincial benefits paid to the claimant by the result obtained by dividing the maximum number of such weeks of benefits payable at the nonaccelerated rate by the maximum number of such weeks of benefits payable at the accelerated rate.
(3)If the determination of the number of weeks under subsection (2) results in a number that contains a fraction of a week, the number shall be rounded to the nearest multiple of one week or, if the amount is equidistant from two multiples of one week, to the higher multiple.
note
76.2#
If the maximum number of weeks referred to in paragraph 12(3)(a) or (b) or (4)(a) or (b) of the Act is less than the maximum number of weeks for which the corresponding types of benefits may be paid under a provincial plan, the excess number of weeks for which provincial benefits may be paid shall not be taken into account for the purpose of determining the maximum number of weeks referred to in that paragraph.note
Waiving of the Waiting Period
76.22#
The reference in paragraph 40(6)(b) to “allowances, payments or other moneys are payable to the claimant by the claimant’s employer or former employer as sick leave pay” shall be read as a reference to “allowances, payments or other moneys were payable to the claimant by the claimant’s employer or former employer as sick leave pay or provincial benefits were paid to the claimant”.note
Coming Into Force of Provincial Plan — Transition
76.23#
For greater certainty,
(a)if a birth or a placement for the purpose of adoption takes place before the day on which this Part comes into force, the Act applies in respect of any claim for benefits made in respect of that birth or placement; and
(b)if a claimant has, before the day on which this Part comes into force, been paid one week or more of benefits under section 22 or 23 of the Act in respect of a birth or a placement for the purpose of adoption, the Act continues to apply in respect of any claim relating to that birth or placement.
note
Division 4 — Premium And Adjustment Payments — Provincial Plans
Premium for Insured Person Covered in a Province by a Provincial Plan but Working in Another Province or Working Outside Canada
76.24#
Where an insured person who is covered by a provincial plan is employed by an employer in a province that has no provincial plan or is employed outside Canada, the employer shall not take into account any premium reduction for the purpose of
(a)deducting the amount required to be deducted as or on account of the employee’s premiums by paragraph 82(1)(a) of the Act; or
(b)remitting the amount of the employer’s premium required to be remitted in respect of that employee by paragraph 82(1)(b) of the Act.
note
Premium for Insured Person Working in a Province that Has a Provincial Plan but Not Covered by that Plan
76.25#
Where an insured person is employed by an employer in a province that has a provincial plan and the insured person is not covered by that plan, the employer shall take into account any premium reduction for the purpose of
(a)deducting the amount required to be deducted as or on account of the employee’s premiums by paragraph 82(1)(a) of the Act; and
(b)remitting the amount of the employer’s premium required to be remitted in respect of that employee by paragraph 82(1)(b) of the Act.
note
Premium Adjustment for Employees Residing in a Province that Has a Provincial Plan but Working in a Province that Has No Provincial Plan or Working Outside Canada
76.26#
(1)The Minister of National Revenue shall pay to a province that has a provincial plan a premium adjustment consisting of the aggregate of :
(a)the amount obtained by adding together, for all insured persons referred to in section 76.24 who reside in that province on December 31 of a year, the amounts calculated in respect of each such insured person that represent the lesser of
(i)the total of
(A)all amounts that are deducted by employers in that year and that represent the premium reduction, as or on account of employee’s premiums, for the insured person, and
(B)all amounts representing an overpayment of employee’s premiums under Part IV of the Act in respect of the insured person for that year, and
(ii)all amounts that the insured person owes in that year under the provincial plan, and
(b)the total of all amounts that represent the premium reduction and that are remitted by employers in that year as employer’s premiums for every insured person referred to in section 76.24 who resides in that province on December 31 of that year.
(2)The payment referred to in subsection (1) may be made by the Commissioner of Revenue.
note
Premium Adjustment — Credits and Debits
76.27#
(1)Any amount paid by a province to the Receiver General on account of a premium adjustment shall be considered to be an amount paid as or on account of premiums under paragraph 72(a) of the Act and shall be
(a)paid into the Consolidated Revenue Fund; and
(b)credited to the Employment Insurance Operating Account and charged to the Consolidated Revenue Fund under paragraph 73(a) of the Act.
(2)Any amount paid under section 76.26 to a province on account of a premium adjustment shall be paid out of the Consolidated Revenue Fund and charged to the Employment Insurance Operating Account as if it were an amount required to be paid out of that Fund and charged to that Account by subsection 77(1) of the Act.
note
Overpayment and Refund of Employee’s Premiums
76.28#
(1)If a province that has a provincial plan has paid or is required to pay to the Receiver General a premium adjustment that corresponds to the amount of employee’s premiums deducted in respect of an employee under that plan, that amount shall be taken into account as though the amount of the premium adjustment had been paid on account of the employee’s premiums under the Act for the purpose of determining whether there has been an overpayment by the employee for the purposes of Part IV of the Act.
(2)Where a premium adjustment referred to in subsection 76.26(1) has been paid or is required to be paid to a province that has a provincial plan, the amount of that premium adjustment shall not be taken into account for the purposes of Part IV of the Act.
note
Division 5 — Administrative Matters
Social Insurance Number
Disclosure of Information
76.3#
The Canada Revenue Agency and the Minister of National Revenue are authorized to disclose to a province that has a provincial plan information necessary for the administration of this Part that has been obtained by the Agency or the Minister under the Act or these Regulations and any information prepared from that information.note
Part III.2 · Reduction of Premium for Self-Employed Persons Covered by a Plan Established Under a Provincial Law
Interpretation
76.31#
The following definitions apply in this Part.
plan established under a provincial law means a plan, established under a provincial law, that provides for the payment of provincial benefits and in respect of which the premium payable under section 152.21 of the Act is subject to a system for reducing that premium if the payment of allowances, money or other benefits payable under the provincial law would have the effect of reducing or eliminating benefits payable under section 152.04 or 152.05 of the Act. (régime établi en vertu d’une loi provinciale)
provincial benefits means allowances, money or other benefits, paid to a self-employed person under a plan established under a provincial law because of pregnancy or in respect of the care by that person of one or more of their new-born children or one or more children placed with them for the purpose of adoption. (prestations provinciales)
note
Standards
76.32#
A plan established under a provincial law shall meet the following requirements:
(a)the plan must provide for the payment of provincial benefits;
(b)the plan must, at a minimum, cover substantially the same persons as those who are self-employed persons under the Act;
(c)the global amount of provincial benefits payable to a person under the plan must be substantially equivalent to or greater than the global amount of benefits payable to a self-employed person under section 152.04 or 152.05 of the Act;
(d)the plan must provide that an applicant who has received provincial benefits in respect of at least one week under it shall continue to receive such benefits for their full period of entitlement, even if, after receiving provincial benefits in respect of one week, they become a resident of a different province; and
(e)the plan must provide for the sharing, by the province with the Government of Canada, of information obtained in the course of administering the plan that is necessary for the administration of a premium reduction system established by this Part, as well as information prepared from that information.
note
Premium Reduction
76.33#
The self-employment premium payable under section 152.21 of the Act shall be reduced as provided by section 76.34 if the payment of provincial benefits would have the effect referred to in subsection 69(2) of the Act in respect of benefits payable to those persons under section 152.04 or 152.05 of the Act.note
Disentitlement
76.36#
(1)Subject to subsection (2), a self-employed person is disentitled to be paid benefits under section 152.04 or 152.05 of the Act if they are entitled to receive provincial benefits.
(2)Subsection (1) does not apply if, at the request of the self-employed person, it is determined by the Commission that the amount of provincial benefits that the self-employed person is entitled to receive is not substantially equivalent to or greater than the amount of benefits that they are entitled to receive under section 152.04 or 152.05 of the Act.
(3)Every self-employed person who has received, or has applied for and is entitled to receive, provincial benefits in respect of any week is disentitled to be paid benefits in respect of that same week under Part VII.1 of the Act, other than benefits under section 152.04 or 152.05 of the Act.
(4)For greater certainty, subsections (1) to (3) apply in respect of a self-employed person who has applied for and is entitled to receive provincial benefits even if the self-employed person, after making that application, ceases to reside in the province providing those benefits.
(5)For greater certainty, if two persons are caring for the same child or children and one of them is a self-employed person referred to in subsection (4),
(a)subsections (1) to (3) apply in respect of the other person if that other person is a self-employed person; and
(b)subsections 76.09(1) to (3) apply in respect of the other person if that other person is an insured person.
note
Reduction of Benefits
76.37#
The benefits payable under section 152.04 or 152.05 of the Act to a self-employed person in respect of any week in respect of which the claimant has received or is entitled to receive provincial benefits shall be reduced as provided by section 76.38.note
76.38#
An amount equal to the amount of the provincial benefits that a self-employed person has received or is entitled to receive in respect of any week shall be deducted from the amount of benefits payable under section 152.04 or 152.05 of the Act to the self-employed person in respect of that same week, in addition to any deductions referred to in subsections 152.04(4) and 152.05(11) and section 152.18 of the Act.note
No Double Counting of Weeks
76.39#
If provincial benefits paid in respect of a week have been taken into account for the purpose of section 76.4, no benefits paid under section 152.04 or 152.05 of the Act in respect of a week shall be taken into account for the same purpose.note
Payment of Benefits
76.4#
(1)Subject to subsection (3), the provincial benefits paid to a self-employed person in respect of a week in a benefit period are considered to be benefits paid in respect of a week under the Act if the self-employed person would have been entitled to the corresponding types of benefits under the Act, and any week in respect of which the self-employed person receives provincial benefits counts as a week for the purpose of calculating
(a)the overall maximum number of weeks for which benefits may be paid in a benefit period under paragraphs 152.14(1)(a) and (b) of the Act taken together; and
(b)the maximum number of weeks for which benefits may be paid under subsection 152.14(2) of the Act.
(2)A benefit period is deemed to be established when a benefit period was established under a provincial law, and it is deemed to have begun the same week as the period established under the provincial law if the self-employed person would have been entitled to the corresponding types of benefits under the Act in respect of the same period.
(3)If the provincial benefits may be paid at an accelerated rate, such that the maximum amount of a particular type of provincial benefit may be paid to a self-employed person over fewer weeks, and the self-employed person is paid those benefits at the accelerated rate, the number of weeks of benefits that those weeks of provincial benefits represent under the Act shall be determined by multiplying the number of weeks of the particular type of provincial benefits paid to the self-employed person by the result obtained by dividing the maximum number of such weeks of benefits payable at the non-accelerated rate by the maximum number of such weeks of benefits payable at the accelerated rate.
(4)If the determination of the number of weeks under subsection (3) results in a number that contains a fraction of a week, the number shall be rounded to the nearest multiple of one week or, if the amount is equidistant from two multiples of one week, to the higher multiple.
note
76.41#
If the maximum number of weeks referred to in paragraph 152.14(1)(a) or (b) or (2)(a) or (b) of the Act is less than the maximum number of weeks for which the corresponding types of provincial benefits may be paid, the excess number of weeks for which provincial benefits may be paid shall not be taken into account for the purpose of determining the maximum number of weeks referred to in that paragraph.note
Interprovincial Mobility
76.43#
A self-employed person who has ceased to reside in a province that has a plan established under a provincial law and who entered into an agreement under section 152.02 of the Act within 12 months before the day on which they ceased to reside in the province or within three months after that day is deemed, in order to qualify for the benefits payable under sections 152.04 and 152.05 of the Act, to have satisfied the condition set out in paragraph 152.07(1)(a) of the Act if they were covered by that plan during the 12 months before the day on which they ceased to reside in the province.note
Administration
76.44#
A self-employed person’s social insurance number shall be used for the purpose of facilitating the exchange, between the Government of Canada and a province, of information obtained with respect to a self-employed person under provincial law or the Act.note
76.45#
The Canada Revenue Agency and the Minister of National Revenue are authorized to disclose to a province that has a plan established under a provincial law information necessary for the administration of this Part that has been obtained by that Agency or that Minister under the Act or these Regulations and any information prepared from that information.note
Part IV · Pilot Projects
Pilot Project for Exemption from the Requirement to Make Periodic Claims for Benefits for Weeks of Unemployment in the Benefit Period
77#
(1)The Commission shall establish Pilot Project No. 1 for the purpose of assessing the cost, the validity of payment, the operational impact and the effect on customer service to claimants of exempting them from the requirement in sections 49 and 50 of the Act to make periodic claims for benefits.
(2)The definitions in this subsection apply in this section.
condition of entitlement to benefits means any requirement, circumstance or condition referred to in subsection 49(1) of the Act. (condition d'admissibilité au bénéfice des prestations)
period of eligibility means
(a)in respect of the benefits referred to in subparagraph (3) (d) (i)
(i)the aggregate of the waiting period referred to in section 13 of the Act and the period described in subsection 22(2) of the Act and any extension of the period described in subsection 22(2) of the Act, or
(ii)the aggregate of the period referred to in subsection 23(2) of the Act and the waiting period referred to in section 13 of the Act, unless that waiting period has already been taken into account for the purposes of subparagraph (i); and
(b)in respect of the benefits referred to in subparagraph (3)(d)(ii), the period during which the claimant attends a course or program, referred to in paragraph 25(1)(a) of the Act, that is an apprenticeship course or an apprenticeship program. (période d'admissibilité)
(3)A claimant is eligible to participate in Pilot Project No. 1 where
(a)the claimant resides in Canada;
(b)the claimant makes an initial claim for benefits or a claim in respect of which subsection 26(2) applies;
(c)the claimant's period of eligibility begins on or after June 30, 1996 and ends not later than June 26, 1999; and
(d)the claimant makes a claim for benefits in respect of every week of unemployment in the claimant's period of eligibility
(i)for either of the reasons referred to in paragraphs 12(3)(a) and (b) of the Act, or
(ii)under section 25 of the Act, to attend an apprenticeship course or an apprenticeship program.
(4)A claimant who is eligible to participate in Pilot Project No. 1 and who wishes to participate in the project shall complete and sign a form, supplied by the Commission, agreeing that
(a)to the best of the claimant's knowledge at the time of signing the form, there are no conditions of entitlement to benefits that will not be fully met for each week in the period of eligibility following the waiting period, except in respect of earnings that may be deducted pursuant to section 19, 22 or 23 of the Act during that period; and
(b)should the claimant cease to meet a condition of entitlement to benefits at any time during the period of eligibility where failure to meet that condition has the effect of reducing or eliminating any benefits for any week in the period of eligibility, the claimant will notify the Commission of the condition as soon as possible.
(5)For the purposes of sections 49 and 50 of the Act, a claimant who participates in Pilot Project No. 1 is, for the purpose of this section, deemed to have made a claim for benefits for every week of unemployment in the claimant's period of eligibility.
(6)Where the Commission becomes aware that the claimant does not meet a condition of entitlement to benefits during the claimant's period of eligibility, the Commission may terminate the claimant's participation in Pilot Project No. 1 as of the date on which the Commission becomes aware of the claimant's failure to meet the condition.
(7)Paragraph (3)(a) ceases to be in force on April 1, 1997.
Pilot Project Extending the Benefit Period of Certain Claimants
77.1#
(1)The Commission establishes Pilot Project No. 5 for the purpose of assessing the effect of allowing claimants who are entitled to benefits for one or more weeks for which they receive or are entitled to receive an indemnity payment described in paragraph 35(2)(f) to choose not to be paid benefits for those weeks.
(2)Pilot Project No. 5 includes all claimants
(a)whose benefit period begins or ends during the Pilot Project;
(b)who receive or are entitled to receive an indemnity payment described in paragraph 35(2)(f) during their benefit period; and
(c)who are entitled to benefits for one or more weeks for which they receive or are entitled to receive an indemnity payment described in paragraph 35(2)(f).
(3)A claimant who chooses not to be paid benefits to which they are entitled for one or more weeks for which they receive or are entitled to receive an indemnity payment described in paragraph 35(2)(f) is, for the purposes of paragraph 10(10)(d) of the Act, deemed to have proved that they are not entitled to benefits for those weeks.
(4)The following applies to a claimant who, after being paid benefits for one or more weeks for which they received or were entitled to receive an indemnity payment described in paragraph 35(2)(f), chooses not to be paid benefits:
(a)if the Commission informed the claimant about Pilot Project No. 5 before the claimant was paid benefits, subsection (3) does not apply in respect of the week or weeks for which a benefit was paid; and
(b)if the Commission did not inform the claimant about the Pilot Project before the claimant was paid benefits, subsection (3) applies in respect of the week or weeks for which a benefit was paid and the claimant must repay the benefits paid.
(5)A claimant may rescind a choice made by them under subsection (3). A claimant who rescinds shall be paid benefits to which they are entitled.
(6)Pilot Project No. 5 does not apply to a week preceding the week in which this section comes into force or a week following the week in which this section ceases to have effect.
note
Pilot Project Relating to Increased Weeks of Benefits
77.2#
(1)The Commission establishes Pilot Project No. 6 for the purpose of assessing the costs and impact of increasing weeks of benefits in selected economic regions.
(2)Pilot Project No. 6 includes each claimant
(a)whose benefit period is established in the period beginning on June 6, 2004 and ending on June 4, 2006; and
(b)who, at the time the benefit period is established, is ordinarily resident in a region described in Schedule I that is set out in Schedule II.1.
(3)Despite subsection 12(2) of the Act, the maximum number of weeks for which benefits may be paid in a benefit period that is established for a claimant who is included in Pilot Project No. 6 shall be determined in accordance with the table set out in Schedule II.2 by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.
note
Pilot Project for Calculating Benefit Rate Based On Claimant’s 14 Highest Weeks of Insurable Earnings (2)
77.7#
(1)Pilot Project No. 11 is established for the purpose of testing whether paying benefits based on calculating the rate of weekly benefits using the insurable earnings from a claimant’s 14 highest weeks of insurable earnings in the qualifying period would encourage claimants to accept all available work.
(2)Pilot Project No. 11 applies in respect of every claimant whose benefit period is established in the period beginning on October 26, 2008 and ending on June 25, 2011 and who is ordinarily resident in a region described in Schedule I that is set out in Schedule II.8, other than a claimant in respect of whom the Employment Insurance (Fishing) Regulations apply.
(3)For the purposes of Pilot Project No. 11,
(a)subsections 14(2), (4) and (4.1) of the Act do not apply;
(b)the reference in subsection 14(3) of the Act to “the rate calculation period” shall be read as a reference to “the qualifying period”;
(c)the references in section 24.1 of these Regulations to “the rate calculation period” shall be read as references to “the qualifying period”;
(d)section 24.2 of these Regulations does not apply;
(e)the insurable earnings in a claimant’s qualifying period shall be the aggregate of
(i)the insurable earnings from the 14 highest weeks of insurable earnings in that period, not including any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1, and
(ii)any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1; and
(f)a claimant’s weekly insurable earnings shall be determined by dividing the insurable earnings in the claimant’s qualifying period, determined in accordance with paragraph (e), by 14.
(4)If a claimant’s insurable earnings have been reported on the record of employment by pay period, the Commission shall
(a)allocate the amount of insurable earnings proportionately over the pay period; or
(b)if the claimant or the employer provides evidence of the amount of insurable earnings actually earned by the claimant in any week within the pay period, allocate the amount of insurable earnings proportionately over the other weeks in that pay period.
note
Pilot Project Increasing Allowable Earnings from Employment While Claimant is Receiving Benefits (2)
77.8#
(1)Pilot Project No. 12 is established for the purpose of testing whether increasing the amount of a claimant’s allowable earnings from employment while the claimant is receiving benefits would encourage more claimants to accept employment while receiving benefits.
(2)Pilot Project No. 12 applies in respect of every claimant whose benefit period is established or ends in the period beginning on December 7, 2008 and ending on August 6, 2011 and who is ordinarily resident in a region described in Schedule I.
(3)For the purpose of Pilot Project No. 12, subsection 19(2) of the Act is adapted such that the maximum allowable earnings shall be
(a)$75, if the claimant’s rate of weekly benefits is less than $188; and
(b)40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.
(4)For greater certainty, this section ceases to have effect on August 6, 2011.
note
Pilot Project Relating to Extended Employment Insurance and Training Incentive
77.91#
(1)Pilot Project No. 14 is established for the purposes of assessing whether the extension of the number of weeks of benefits paid to a qualified claimant who undertakes long-term training encourages the claimant to pursue such training and improves their re-employability.
(2)Pilot Project No. 14 applies in respect of every claimant whose benefit period is established in the period beginning on January 25, 2009 and ending on May 29, 2010.
(3)Pilot Project No. 14 applies in respect of every claimant who meets the following criteria:
(a)the claimant contributed at least 30% of the maximum annual employee’s premium in at least seven of the 10 years before the beginning of the claimant’s benefit period;
(b)the claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period;
(c)within 20 weeks after the beginning of the claimant’s benefit period or before August 23, 2009, if the benefit period began before May 31, 2009, the claimant has an active return to work action plan; and
(d)the claimant is referred by the Commission, or an authority that the Commission designates, under paragraph 25(1)(a) of the Act, to a course or program of instruction or training
(i)that is full-time,
(ii)that has a duration of at least 20 weeks, and
(iii)that begins during one of the 52 weeks following the beginning of the claimant’s benefit period, but not before May 31, 2009.
(4)Despite subsections 10(2) and (8) of the Act, the benefit period of a claimant who is included in Pilot Project No. 14 is extended by the duration, in weeks, of the course or program referred to in paragraph (3)(d) — including any periods of interruption of the course or program — and the period granted for job-search purposes, up to a maximum of 104 weeks.
(5)The maximum number of weeks for which benefits may be paid to a claimant who is included in Pilot Project No. 14 is that which is determined by any of subsections 12(2), (3) or (6) of the Act added to, if applicable, the number of weeks that fall within the benefit period established under subsection (4)
(a)during which the claimant is attending the course or program referred to in paragraph (3)(d) or is searching for a job during the period granted for that purpose; and
(b)for which no benefits are payable under subsection 12(1) of the Act.
(6)For the application of subsections (4) and (5), the period granted for job-search purposes is equal to one week of benefits for every five weeks of training completed, up to a maximum of 12 consecutive weeks. This period begins on the Sunday after the last day on which the claimant attends the course or program.
(7)If any of the conditions under which the Commission may terminate the claimant’s referral under paragraph 27(1.1)(b) of the Act exists, subsection (5) ceases to apply on the Sunday after the last day on which the claimant attends the course or program.
note
Pilot Project Relating to Extended Benefits
77.92#
(1)Pilot Project No. 15 is established for the purpose of assessing the costs and impact of extending the number of weeks of benefits in selected economic regions.
(2)Pilot Project No. 15 applies in respect of every claimant
(a)who, at the time that their benefit period is established, is ordinarily resident in a region described in Schedule I that is set out in Schedule II.6; and
(b)whose benefit period is established in the period beginning on September 12, 2010 and ending
(i)if the regional rate of unemployment, as determined in accordance with subsection 17(1), is less than 8.0% for 12 consecutive periods, beginning after October 9, 2010, in the region in respect of which the benefit period was established, on the second Saturday after the first day of the 12th period, or
(ii)in any other case, on September 15, 2012.
(3)If the condition referred to in subparagraph (2)(b)(i) is satisfied, the Commission must, as soon as possible, publish a notice in the Canada Gazette that specifies the day on which the establishment of benefit periods ends, in the region in question, under Pilot Project No. 15. The Commission must also publish the notice on its website.
(4)Despite subsection 12(2) of the Act, the maximum number of weeks for which benefits may be paid in a benefit period that is established for a claimant who is included in Pilot Project No. 15 shall be determined in accordance with the table set out in Schedule II.7 by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.
note
Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurable Earnings
77.93#
(1)Pilot Project No. 16 is established for the purpose of testing whether paying benefits based on a rate of weekly benefits calculated using the insurable earnings from a claimant’s 14 highest weeks of insurable earnings in the qualifying period would encourage claimants to accept all available work.
(2)Pilot Project No. 16 applies in respect of every claimant whose benefit period is established in the period beginning on June 26, 2011 and ending on April 6, 2013 and who is ordinarily resident in a region described in Schedule I that is set out in Schedule II.91, other than a claimant in respect of whom Part VII.1 of the Act applies or in respect of whom the Employment Insurance (Fishing) Regulations apply.
(3)For the purposes of Pilot Project No. 16,
(a)subsections 14(2), (4) and (4.1) of the Act do not apply;
(b)the reference in subsection 14(3) of the Act to “the rate calculation period” shall be read as a reference to “the qualifying period”;
(c)the references in section 24.1 to “the rate calculation period” shall be read as references to “the qualifying period”;
(d)section 24.2 does not apply;
(e)the insurable earnings in a claimant’s qualifying period shall be the aggregate of
(i)the insurable earnings from the 14 highest weeks of insurable earnings in that period, not including any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1, and
(ii)any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1; and
(f)a claimant’s weekly insurable earnings shall be determined by dividing the insurable earnings in the claimant’s qualifying period, determined in accordance with paragraph (e), by 14.
(4)If a claimant’s insurable earnings have been reported on the record of employment by pay period, the Commission shall
(a)allocate the amount of insurable earnings proportionately over the pay period; or
(b)if the claimant or the employer provides evidence of the amount of insurable earnings actually earned by the claimant in any week within the pay period, allocate the amount of insurable earnings proportionately over the other weeks in that pay period.
note
Pilot Project Increasing Allowable Earnings from Employment While Claimant is Receiving Benefits
77.94#
(1)Pilot Project No. 17 is established for the purpose of testing whether increasing the amount of a claimant’s allowable earnings from employment while the claimant is receiving benefits would encourage more claimants to accept employment while receiving benefits.
(2)Pilot Project No. 17 applies in respect of every claimant whose benefit period is established or ends in the period beginning on August 7, 2011 and ending on August 4, 2012 and who is ordinarily resident in a region described in Schedule I.
(3)For the purpose of Pilot Project No. 17, subsection 19(2) of the Act is adapted such that the maximum allowable earnings shall be
(a)$75, if the claimant’s rate of weekly benefits is less than $188; and
(b)40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.
(4)This section ceases to have effect on August 4, 2012.
note
Pilot Project to Encourage Claimant to Work More While Receiving Benefits
77.95#
(1)Pilot Project No. 18 is established for the purpose of testing whether deducting from benefits payable to any claimant who has earnings during a week of unemployment 50% of those earnings, until the earnings exceed 90% of their weekly insurable earnings, would encourage claimants to work more while receiving benefits.
(2)Pilot Project No. 18 applies in respect of every claimant who makes a claim for benefits for any week in the period beginning on August 5, 2012 and ending on August 1, 2015 and who is ordinarily resident in a region described in Schedule I.
(3)For the purpose of Pilot Project No. 18, section 19 of the Act is adapted by adding the following after subsection (2):
(4)For the purpose of Pilot Project No. 18, section 152.18 of the Act is adapted by adding the following after subsection (2):
(5)This section ceases to have effect on August 1, 2015.
note
Part V · Administrative Provisions
Payment of Benefits Pending a Coverage Decision
88#
(1)Subject to subsection (2), where a request is made to an officer of the Canada Customs and Revenue Agency under paragraph 90(1)(a), (b), (c) or (d) of the Act for a ruling on the question of whether a claimant is or was employed in insurable employment for any number of hours in a particular period of employment or alleged employment, no benefits are payable in respect of any hour that is the subject of the ruling until the later of
(a)the day on which the officer's ruling on the question becomes final; and
(b)the day on which
(i)where an appeal from the ruling of that officer is made to the Minister of National Revenue, the decision of the Minister becomes final,
(ii)where an appeal from the decision of the Minister of National Revenue is filed with the Tax Court of Canada pursuant to section 103 of the Act, the decision of the Tax Court becomes final,
(iii)where an application is made to the Federal Court of Appeal pursuant to section 28 of the Federal Courts Act to review and set aside the decision of the Tax Court of Canada, the decision of the Federal Court of Appeal becomes final, or
(iv)if an application is made to the Supreme Court of Canada for leave to appeal from the decision of the Federal Court of Appeal, the final decision of the Supreme Court of Canada is given.
(2)Subsection (1) does not apply if the claimant qualifies to receive benefits under the Act on the basis of hours of insurable employment other than the hours that are the subject of the application.
Electronic Systems
90#
Where any information is provided to the Commission in electronic or other form for the purposes of the Act or the regulations made under the Act, it shall be provided in a form and manner approved by the Commission.
91#
(1)A claimant who makes an initial claim for benefits, or a claim for benefits for a week of unemployment, by telephone or other electronic means, and provides the information required by section 50 of the Act, is deemed
(a)to have expressed an intention to make a claim for benefits and to have made such a claim for the purposes of section 48, 49 or 152.1 of the Act, as the case may be; and
(b)to have supplied the information recorded on the dated printout from the Commission's computerized benefit pay system as responses to the questions posed by the interactive response system by telephone or other electronic means.
(2)A claimant who provides their Social Insurance Number and the following information by telephone or other electronic means is deemed to have signed their respective claim for benefit:
(a)in the case of an initial claim for benefits, their date of birth and, if the initial claim is made by electronic means, the maiden name of the claimant's mother; and
(b)in the case of a claim for benefits for a week of unemployment, their personal identification number.
(3)A claim for benefits that is made by the means referred to in subsection (1) is deemed to have been made on the day that the information is received and recorded by the Commission's computerized benefit pay system.
(4)For greater certainty, sections 38 and 135 of the Act apply to a declaration made by electronic means.
(5)The acts and omissions specified in subsections 38(1) and 135(1) of the Act are deemed to include the acts and omissions of a person who knowingly attempts to interfere with the operation of the electronic systems used in the administration of the Act, and the penalty provided for by subsection 38(2) of the Act and the punishment provided for by subsection 135(3) of the Act are deemed to include the right to refuse access to those electronic systems to such a person.
Direct Deposit of Benefits
92#
(1)For the purposes of this section, sections 2 and 4 to 8 of the Direct Deposit Regulations apply.
(2)Subject to subsection (7), a claimant shall have their benefits deposited directly to their bank account if the claimant has provided the Commission with the number of an active account registered in the claimant's name in a financial institution in Canada.
(3)A claimant is responsible for the accuracy of the data supplied by the claimant in order to register for the direct deposit of benefits.
(4)In the absence of any evidence to the contrary, the following documents together constitute evidence of the transfer of funds to a claimant's account and the payment of benefits to the claimant:
(a)a document certified by a person acting for the Commission to be an extract from the record authorizing a direct deposit transaction, in respect of the claimant, to be directed to the financial institution where the account of the claimant is located; and
(b)a certified extract of the records of that financial institution indicating the crediting of the amount of the deposit to the account of the claimant.
(5)In order to terminate the direct deposit of benefits, the claimant shall notify the Commission.
(6)For greater certainty, sections 38 and 135 of the Act apply to declarations made in the context of the payment of benefits under this section.
(7)The acts and omissions specified in subsections 38(1) and 135(1) of the Act are deemed to include the acts or omissions of a person who knowingly attempts to interfere with the operation of the electronic systems used for the direct deposit of benefits, and the penalty provided for by subsection 38(2) of the Act and the punishment provided for by subsection 135(3) of the Act are deemed to include the right to refuse access to those electronic systems to such a person.
(8)Unless otherwise advised by the claimant, the Commission may redirect the deposit of benefits from an active account at a financial institution the number of which was provided to the Commission by the claimant to another financial institution, branch or active account number when the financial institution notifies the Commission of a change of the financial institution, branch or account number.
Part VII · Transitional Provisions and Coming into Force
Transitional Provisions
94#
During the period beginning on June 30, 1996 and ending on January 4, 1997, a reference to "hours" in each of the following provisions shall be read as a reference to "weeks", with such modifications as the circumstances require:
(a)subsection 35(3);
(b)paragraph 35(7)(e);
(c)subparagraph 37(2)(c)(ii);
(d)subparagraph 56(2)(b)(iv);
(e)section 88; and
(f)subsection 93(5).
94.1#
Where, for the purposes of the Act and in respect of a benefit period established on or after January 5, 1997, a claimant presents evidence of a week of insurable employment that occurred before January 1, 1997, that week of insurable employment shall be considered to represent 35 hours of insurable employment.note
94.2#
Where, for the purposes of the Act and in respect of a benefit period established on or after January 5, 1997, a claimant presents evidence of insurable employment that occurred before January 1, 1997,
(a)the weeks of insurable employment shall be considered to fall consecutively backward beginning on whichever of the following days occurred first:
(i)the last day of the last pay period in 1996, and
(ii)the last day of remunerated insurable employment if that day falls before the last pay period in 1996; and
(b)if the number of weeks of insurable employment is
(i)20 or less, the insurable earnings are considered to be for that number of weeks, and
(ii)greater than 20, the insurable earnings are considered to be for the last 20 weeks in the period of employment.
note
94.3#
For the purpose of providing for the transition from weeks of insurable employment to hours of insurable employment where the remuneration for the last pay period beginning in December 1996 is paid to an insured person by their employer on or after January 1, 1997,
(a)the employer shall assess the insurability of the employment of that final pay period under these Regulations as they read on January 1, 1997; and
(b)the claimant shall, for the purposes of sections 7 and 12 of the Act, be determined to have worked in insurable employment for the greater of
(i)the number of hours provided for by section 94.1, and
(ii)the number of hours actually worked in each week or part of a week of insurable employment, of the final pay period, that falls in 1996.
note
94.4#
Where, after January 5, 1997, section 59.1 of the Unemployment Insurance Regulations, as it read on June 29, 1996, applies and where the application of that section requires the consideration of insured weeks of employment in 1996 or earlier, section 94.1 of these Regulations shall be applied to convert those weeks in 1996 or earlier into hours and the number of weeks stipulated by paragraphs 59.1(2)(a) and (b) of the Unemployment Insurance Regulations shall be converted into an hourly equivalent by multiplying the number of weeks required by 35.note
Coming Into Force
95#
(1)Except as otherwise provided in this Part, these Regulations come into force on June 30, 1996.
(1.1)Sections 10 to 12 come into force on January 1, 1997.
(2)Sections 19 to 21 come into force on January 1, 1997.
(3)Sections 22 to 24 and 34, the Table to subsection 55(7) and paragraph 93(1)(c) come into force on January 5, 1997.
(4)The provision set out in Part I of Schedule III applies during the period beginning on June 30, 1996 and ending on December 31, 1996.
(4.1)The provision set out in Part I.1 of Schedule III applies in place of section 12 listed in subsection (1.1) during the period beginning on September 12, 1996 and ending on December 31, 1996.
(5)The provisions set out in Part II of Schedule III apply in place of the provisions listed in subsections (2) and (3) from June 30, 1996 until the coming into force of those provisions.
note
Schedule II.1 · Regions Included in Pilot Project No. 6 (Paragraph 77.2(2)(b))
Northern OntarioSudburyCentral QuebecChicoutimi — JonquièreGaspésie — Îles-de-la-MadeleineLower Saint Lawrence and North ShoreNorth Western QuebecTrois-RivièresEastern Nova ScotiaWestern Nova ScotiaMadawaska — CharlotteRestigouche — AlbertNorthern ManitobaNorthern British ColumbiaSouthern Coastal British ColumbiaSouthern Interior British ColumbiaPrince Edward IslandNorthern SaskatchewanNorthern AlbertaNewfoundland/LabradorSt. John’sYukonNorthwest TerritoriesNunavut
Schedule II.2 · (Subsection 77.2(3))
Number of hours of insurable employment in qualifying period | Regional Unemployment Rate6% and under | More than 6% but not more than 7% | More than 7% but not more than 8% | More than 8% but not more than 9% | More than 9% but not more than 10% | More than 10% but not more than 11% | More than 11% but not more than 12% | More than 12% but not more than 13% | More than 13% but not more than 14% | More than 14% but not more than 15% | More than 15% but not more than 16% | More than 16%420 - 454 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 31 | 33 | 35 | 37455 - 489 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 29 | 31 | 33 | 35 | 37490 - 524 | 0 | 0 | 0 | 0 | 0 | 0 | 28 | 30 | 32 | 34 | 36 | 38525 - 559 | 0 | 0 | 0 | 0 | 0 | 26 | 28 | 30 | 32 | 34 | 36 | 38560 - 594 | 0 | 0 | 0 | 0 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39595 - 629 | 0 | 0 | 0 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39630 - 664 | 0 | 0 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40665 - 699 | 0 | 20 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40700 - 734 | 19 | 21 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41735 - 769 | 19 | 21 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41770 - 804 | 20 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42805 - 839 | 20 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42840 - 874 | 21 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43875 - 909 | 21 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43910 - 944 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44945 - 979 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44980 - 1014 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 451015 - 1049 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 451050 - 1084 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 451085 - 1119 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 451120 - 1154 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 451155 - 1189 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 451190 - 1224 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 451225 - 1259 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 451260 - 1294 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 451295 - 1329 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 451330 - 1364 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 451365 - 1399 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 451400 - 1434 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 451435 - 1469 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 451470 - 1504 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 451505 - 1539 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 451540 - 1574 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 451575 - 1609 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 45 | 451610 - 1644 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 45 | 451645 - 1679 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 45 | 45 | 451680 - 1714 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 451715 - 1749 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 451750 - 1784 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 451785 - 1819 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 451820 - | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45
Schedule II.3
Schedule II.4
Schedule II.6 · Regions Included in Pilot Project No. 15 (Paragraph 77.92(2)(b))
Central QuebecChicoutimi — JonquièreEastern Nova ScotiaGaspésie — Îles-de-la-MadeleineLower Saint Lawrence and North ShoreMadawaska — CharlotteNewfoundland/LabradorNorth Western QuebecNorthern British ColumbiaNorthern ManitobaNorthern OntarioNorthern SaskatchewanNorthwest TerritoriesNunavutPrice Edward IslandRestigouche — AlbertSt. John’sSudburyTrois-RivièresWestern Nova ScotiaYukon
Schedule II.7 · (Subsection 77.92(3))
Number of hours of insurable employment in qualifying period | Regional Unemployment Rate6% and under | More than 6% but not more than 7% | More than 7% but not more than 8% | More than 8% but not more than 9% | More than 9% but not more than 10% | More than 10% but not more than 11% | More than 11% but not more than 12% | More than 12% but not more than 13% | More than 13% but not more than 14% | More than 14% but not more than 15% | More than 15% but not more than 16% | More than 16%420 - 454 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 31 | 33 | 35 | 37455 - 489 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 29 | 31 | 33 | 35 | 37490 - 524 | 0 | 0 | 0 | 0 | 0 | 0 | 28 | 30 | 32 | 34 | 36 | 38525 - 559 | 0 | 0 | 0 | 0 | 0 | 26 | 28 | 30 | 32 | 34 | 36 | 38560 - 594 | 0 | 0 | 0 | 0 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39595 - 629 | 0 | 0 | 0 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39630 - 664 | 0 | 0 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40665 - 699 | 0 | 20 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40700 - 734 | 19 | 21 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41735 - 769 | 19 | 21 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41770 - 804 | 20 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42805 - 839 | 20 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42840 - 874 | 21 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43875 - 909 | 21 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43910 - 944 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44945 - 979 | 22 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44980 - 1014 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 451015 - 1049 | 23 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 451050 - 1084 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 451085 - 1119 | 24 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 451120 - 1154 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 451155 - 1189 | 25 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 451190 - 1224 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 451225 - 1259 | 26 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 451260 - 1294 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 451295 - 1329 | 27 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 451330 - 1364 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 451365 - 1399 | 28 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 451400 - 1434 | 29 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 451435 - 1469 | 30 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 451470 - 1504 | 31 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 451505 - 1539 | 32 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 451540 - 1574 | 33 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 451575 - 1609 | 34 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 45 | 451610 - 1644 | 35 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 45 | 451645 - 1679 | 36 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 45 | 45 | 451680 - 1714 | 37 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 451715 - 1749 | 38 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 451750 - 1784 | 39 | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 451785 - 1819 | 40 | 42 | 44 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 451820 - | 41 | 43 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45 | 45
Schedule II.8 · Regions Included in Pilot Project No. 11 (Subsection 77.7(2))
Central QuebecChicoutimi — JonquièreEastern Nova ScotiaGaspésie — Îles-de-la-MadeleineHuronLower Saint Lawrence and North ShoreMadawaska — CharlotteNewfoundland/LabradorNiagaraNorth Western QuebecNorthern AlbertaNorthern British ColumbiaNorthern ManitobaNorthern OntarioNorthern SaskatchewanNorthwest TerritoriesNunavutOshawaPrince Edward IslandRestigouche — AlbertSt. John’sTrois-RivièresWestern Nova ScotiaWindsorYukon
Schedule II.91 · Regions Included in Pilot Project No. 16 (Subsection 77.93(2))
Central QuebecChicoutimi – JonquièreEastern Nova ScotiaGaspésie – Îles-de-la-MadeleineHuronLower Saint Lawrence and North ShoreMadawaska – CharlotteNewfoundland/LabradorNiagaraNorth Western QuebecNorthern AlbertaNorthern British ColumbiaNorthern ManitobaNorthern OntarioNorthern SaskatchewanNorthwest TerritoriesNunavutOshawaPrince Edward IslandRestigouche – AlbertSt. John’sTrois-RivièresWestern Nova ScotiaWindsorYukon
Schedule III · Interim Provisions (Section 95)
The following is added before section 7:Subject to subsection (2), the employment with an employer in any week of a person whose cash earnings are less than 20 per cent of the maximum weekly insurable earnings and who is employed for less than 15 hours is excluded from insurable employment.Where the cash earnings of a person for a pay period described in any of the following paragraphs are paid or payable to the person otherwise than in respect of weeks, subsection (1) does not apply to the employment of that person during any such pay period:a pay period that is a multiple of a week wherethe person has cash earnings for each week in the pay period, and the cash earnings for the pay period are equal to or exceed an amount that is a like multiple of the amount of cash earnings referred to in subsection (1), orthe person is employed in each week in the pay period and the total number of hours of employment in the pay period is equal to or exceeds a number of hours that is a like multiple of 15;a pay period that is a semi-monthly pay period wherethe person has cash earnings for each week or part of a week that falls in the pay period, and the cash earnings for the pay period are equal to or exceed an amount that is 2 1/6 times the amount of cash earnings referred to in subsection (1), orthe person is employed in each week or part of a week that falls in the pay period, and the total number of hours of employment in the pay period is 33 hours or more;a pay period that is a monthly pay period wherethe person has cash earnings for each week or part of a week that falls in the pay period, and the cash earnings for the pay period are equal to or exceed an amount that is 4 1/3 times the amount of cash earnings referred to in subsection (1), orthe person is employed in each week or part of a week that falls in the pay period, and the total number of hours of employment in the pay period is 65 hours or more;a pay period of seven consecutive days that begins on a day other than Sunday, wherethe person has cash earnings for the pay period and the cash earnings for the pay period are equal to or exceed 20 per cent of the maximum weekly insurable earnings, orthe person is employed in the pay period for a total number of hours that is equal to or exceeds 15 hours; ora pay period that consists of more than one period of seven consecutive days and that begins on a day other than Sunday, wherethe person has cash earnings for each period of seven consecutive days in the pay period, and the cash earnings for the pay period are equal to or exceed the product obtained by multiplying the amount of cash earnings referred to in subsection (1) by the number of periods of seven consecutive days in the pay period, orthe person is employed in each period of seven consecutive days in the pay period and the total number of hours of employment in the pay period is equal to or exceeds the product obtained by multiplying 15 by the number of periods of seven consecutive days in the pay period.The following applies in place of section 12:Prescribed WeeksFor the purposes of paragraph 7(4)(c) of the Act, a prescribed week is:a week in respect of which a claimant has received or will receiveworkers’ compensation payments, other than a lump sum or pension paid in full and final settlement of a claim made for workers’ compensation payments,under a wage-loss indemnity plan, any earnings by reason of illness, injury, quarantine, pregnancy or care of a child or children referred to in subsection 23(1) of the Act,indemnity payments referred to in paragraph 35(2)(f), orearnings because of which, pursuant to section 19 of the Act, no benefits are payable to the claimant;a week in which the claimant wasattending a course or program of instruction or training to which the claimant was referred by the Commission or by an authority designated by the Commission,employed under the Self-employment employment benefit or the Job Creation Partnerships employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act,prevented from establishing an interruption of earnings by virtue of the allocation of earnings pursuant to section 36,serving a week of the waiting period, ordisqualified; ora week of unemployment due to a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed.For the purposes of subsection (1), where a week is taken into account under any paragraph or subparagraph of that subsection, that week may not be taken into account under any other paragraph or subparagraph of that subsection.The following applies in place of sections 19 to 21:Information Relating to Employment HistoryEvery employer who employs a person in insurable employment shall, if that person has an interruption of earnings, complete a record of employment in quadruplicate with respect to that person on a form supplied by the Commission.Subject to subsection (3), copies of the record of employment completed pursuant to subsection (1) shall be distributed in the following manner:the copies marked “Employee’s copy: Part 1” and “Employee’s copy: Part 2” shall be delivered or mailed to the insured person not later than five days after the later ofthe first day of the interruption of earnings, andthe day on which the employer becomes aware of the interruption of earnings;the copy marked “Commission’s copy” shall be mailed to the Commission within the time limit set out in paragraph (a); andthe copy marked “Employer’s copy” shall be kept and retained as a part of the employer’s records and books of account in accordance with subsection 87(3) of the Act.If, for reasons beyond the employer’s control, the employer is unable to deliver or mail the copies marked “Employee’s copy: Part 1” and “Employee’s copy: Part 2” of the completed record of employment to the insured person within the time limit set out in paragraph (2)(a), the employer shall retain them untilsuch time as they are requested by the Commission or insured person, or52 weeks after the time limit set out in paragraph (2)(a),whichever is earlier.The number of weeks of insurable employment and insurable earnings reported in a record of employment with respect to an insured person shall be as determined and allocated pursuant to Parts III and IV of the Act and any regulations made under those Parts, but sections 35 and 36 of these Regulations shall not apply in respect of any such determination.Where the earnings of a claimant for a pay period that is current when the claimant has a lay-off or separation from employment cannot be ascertained with accuracy, the employer may estimate the earnings for that period.Where an employer has failed to deliver a record of employment to an insured person or the Commission pursuant to section 19 or the employer is not available or is unable to provide information respecting the employment history and insurable earnings of a claimant because the employer’s records are destroyed or lost, a claimant may provide a statement containing evidence of their employment history and insurable earnings.All the weeks of insurable employment reported in a record of employment shall be determined to have occurred consecutively and to be weeks that immediately preceded and included the week in which the lay-off or separation occurred.Notwithstanding subsection 19(4) and section 23, for the purposes of Part I of the Act, the number of weeks of insurable employment in any one employment period of a claimant shall not be greater than the number of weeks or part weeks that falls within that employment period.Where a bankrupt employer or the trustee of the bankrupt employer has not provided the Commission with a record of employment for an insured person, the Commission may, in respect of that person, determine the number of insurable weeks and the amount of insurable earnings for benefit purposes on the basis of the payroll and personnel records of the bankrupt employer provided to the Commission by the trustee.The following applies in place of sections 22 to 24.The earnings to be taken into account for the purpose of determining the average weekly insurable earnings for the purposes of section 14 of the Act as set out in section 6 of Schedule II to the Act are those earnings for which a premium was payable.For the purposes of Part I of the Act, where a claimant’s earnings were paid or payable in the qualifying period for a period otherwise than in respect of weeks (hereinafter called the “pay period”), the number of weeks that are to be taken as weeks of insurable employment in any one employment period shallwhere the pay period consists of seven consecutive days and begins on a day other than Sunday andthe claimant has cash earnings for each pay period and the cash earnings for the pay period are equal to or exceed 20 per cent of the maximum weekly insurable earnings, orthe claimant is employed in each pay period for a total number of hours that is equal to or exceeds 15 hours,be equal to the number of pay periods; andwhere the pay period consists of more than one period of seven consecutive days and begins on a day other than Sunday andthe claimant has cash earnings for each period of seven consecutive days in the pay period, and the cash earnings for the pay period are equal to or exceed the product obtained by multiplying the amount of cash earnings referred to in paragraph (a) by the number of periods of seven consecutive days in the pay period, orthe claimant is employed in each period of seven consecutive days in the pay period, and the total number of hours of employment in the pay period is equal to or exceeds the product obtained by multiplying 15 by the number of periods of seven consecutive days in the pay period,be equal to the number of periods of seven consecutive days in the pay period.The following applies in place of section 34:A dependant of a claimant or of the spouse of a claimant is a person who is related to the claimant or the spouse in the manner described in subsection 251(6) of the Income Tax Act.The spouse of a claimant is the person who is married to the claimant, and includes a person described in subsection 252(4) of the Income Tax Act.For the purposes of paragraph 14(1)(b) of the Act as set out in section 6 of Schedule II to the Act, the following circumstances are prescribed as circumstances which must exist in relation to one or more dependants of a claimant or of the spouse of the claimant:a child tax benefit as provided for in section 122.61 of the Income Tax Act is payable to either the claimant or the spouse during the month in which the claimant makes a claim for the benefit rate prescribed by paragraph 14(1)(b) of the Act as set out in section 6 of Schedule II to the Act; orthe claimant or the spouse provides support to a dependant of the claimant or of the spouse of the claimant.The following applies in place of the table to subsection 55(7):Column I | Column IINumber of Weeks of Insurable Employment | Number of Weeks of Benefits12 | 1013 | 1014 | 1115 | 1116 | 1217 | 1218 | 1319 | 1320 | 1421 | 1422 | 1523 | 1524 | 1625 | 1626 | 1727 | 1728 | 1829 | 1830 | 1931 | 1932 | 2033 | 2034 | 2135 | 2136 | 2237 | 2238 | 2339 | 2340 | 2441 | 2542 | 2643 | 2744 | 2845 | 2946 | 3047 | 3148 | 3249 | 3350 | 3451 | 3552 | 36The following applies in place of paragraph 93(1)(c):has had 20 or more weeks of insurable employment in their qualifying period.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.