Employment Insurance Act (S.C. 1996, c. 23)

Act current to 2016-06-06 and last amended on 2016-04-01. Previous Versions

Marginal note:Disqualification — misconduct or leaving without just cause
  •  (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless

    • (a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.1 to qualify to receive benefits; or

    • (b) the claimant is disentitled under sections 31 to 33 in relation to the employment.

  • Marginal note:Length of disqualification

    (2) The disqualification is for each week of the claimant’s benefit period following the waiting period and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period.

  • Marginal note:Not retroactive

    (3) If the event giving rise to the disqualification occurs during a benefit period of the claimant, the disqualification does not include any week in that benefit period before the week in which the event occurs.

  • Marginal note:Suspension

    (4) Notwithstanding subsection (6), the disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

  • Marginal note:Restriction on qualifying for benefits

    (5) If a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following hours may not be used to qualify under section 7 or 7.1 to receive benefits:

    • (a) hours of insurable employment from that or any other employment before the employment was lost or left; and

    • (b) hours of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1).

  • Marginal note:Restriction on number of weeks and rate of benefits

    (6) No hours of insurable employment in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant’s rate of weekly benefits under section 14.

  • Marginal note:Interpretation

    (7) For greater certainty, but subject to paragraph (1)(a), a claimant may be disqualified under subsection (1) even if the claimant’s last employment before their claim for benefits was not lost or left as described in that subsection and regardless of whether their claim is an initial claim for benefits.

Marginal note:Disentitlement — suspension for misconduct

 A claimant who is suspended from their employment because of their misconduct is not entitled to receive benefits until

  • (a) the period of suspension expires;

  • (b) the claimant loses or voluntarily leaves the employment; or

  • (c) the claimant, after the beginning of the period of suspension, accumulates with another employer the number of hours of insurable employment required by section 7 or 7.1 to qualify to receive benefits.

Marginal note:Disentitlement — period of leave without just cause
  •  (1) A claimant who voluntarily takes a period of leave from their employment without just cause is not entitled to receive benefits if, before or after the beginning of the period of leave,

    • (a) the period of leave was authorized by the employer; and

    • (b) the claimant and the employer agreed as to the day on which the claimant would resume employment.

  • Marginal note:Duration of disentitlement

    (2) The disentitlement lasts until the claimant

    • (a) resumes the employment;

    • (b) loses or voluntarily leaves the employment; or

    • (c) after the beginning of the period of leave, accumulates with another employer the number of hours of insurable employment required by section 7 or 7.1 to qualify to receive benefits.

Marginal note:Disentitlement — anticipated loss of employment
  •  (1) A claimant is not entitled to receive benefits if the claimant loses an employment because of their misconduct or voluntarily leaves without just cause within three weeks before

    • (a) the expiration of a term of employment, in the case of employment for a set term; or

    • (b) the day on which the claimant is to be laid off according to a notice already given by the employer to the claimant.

  • Marginal note:Duration of disentitlement

    (2) The disentitlement lasts until the expiration of the term of employment or the day on which the claimant was to be laid off.

Marginal note:Suspension of disentitlement

 A disentitlement under sections 31 to 33 is suspended during any week for which the claimant is otherwise entitled to special benefits.

Marginal note:Exception

 Notwithstanding anything in this Part, no claimant is disqualified or disentitled under sections 30 to 33 from receiving benefits only because the claimant left or refused to accept employment if, by remaining in or accepting the employment, the claimant would lose the right

  • (a) to become or refrain from becoming a member of an association, organization or union of workers; or

  • (b) to continue to be a member and to observe the lawful rules of an association, organization or union of workers.

Marginal note:Labour disputes
  •  (1) Subject to the regulations, if a claimant loses an employment, or is unable to resume an employment, because of a work stoppage attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed, the claimant is not entitled to receive benefits until the earlier of

    • (a) the end of the work stoppage, and

    • (b) the day on which the claimant becomes regularly engaged elsewhere in insurable employment.

  • Marginal note:Regulations

    (2) The Commission may, with the approval of the Governor in Council, make regulations for determining the number of days of disentitlement in a week of a claimant who loses a part-time employment or is unable to resume a part-time employment because of the reason mentioned in subsection (1).

  • Marginal note:Suspension of disentitlement

    (3) A disentitlement under this section is suspended during any period for which the claimant

    • (a) establishes that the claimant is otherwise entitled to special benefits or benefits by virtue of section 25; and

    • (b) establishes, in such manner as the Commission may direct, that before the work stoppage, the claimant had anticipated being absent from their employment because of any reason entitling them to those benefits and had begun making arrangements in relation to the absence.

  • Marginal note:Non-application

    (4) This section does not apply if a claimant proves that the claimant is not participating in, financing or directly interested in the labour dispute that caused the stoppage of work.

  • Marginal note:Separate branches of work

    (5) If separate branches of work that are commonly carried on as separate businesses in separate premises are carried on in separate departments on the same premises, each department is, for the purpose of this section, a separate factory or workshop.

Marginal note:Prison inmates and persons outside Canada

 Except as may otherwise be prescribed, a claimant is not entitled to receive benefits for any period during which the claimant

  • (a) is an inmate of a prison or similar institution; or

  • (b) is not in Canada.

Penalties

Marginal note:Penalty for claimants, etc.
  •  (1) The Commission may impose on a claimant, or any other person acting for a claimant, a penalty for each of the following acts or omissions if the Commission becomes aware of facts that in its opinion establish that the claimant or other person has

    • (a) in relation to a claim for benefits, made a representation that the claimant or other person knew was false or misleading;

    • (b) being required under this Act or the regulations to provide information, provided information or made a representation that the claimant or other person knew was false or misleading;

    • (c) knowingly failed to declare to the Commission all or some of the claimant’s earnings for a period determined under the regulations for which the claimant claimed benefits;

    • (d) made a claim or declaration that the claimant or other person knew was false or misleading because of the non-disclosure of facts;

    • (e) being the payee of a special warrant, knowingly negotiated or attempted to negotiate it for benefits to which the claimant was not entitled;

    • (f) knowingly failed to return a special warrant or the amount of the warrant or any excess amount, as required by section 44;

    • (g) imported or exported a document issued by the Commission, or had it imported or exported, for the purpose of defrauding or deceiving the Commission; or

    • (h) participated in, assented to or acquiesced in an act or omission mentioned in paragraphs (a) to (g).

  • Marginal note:Maximum penalty

    (2) The Commission may set the amount of the penalty for each act or omission at not more than

    • (a) three times the claimant’s rate of weekly benefits;

    • (b) if the penalty is imposed under paragraph (1)(c),

      • (i) three times the amount of the deduction from the claimant’s benefits under subsection 19(3), and

      • (ii) three times the benefits that would have been paid to the claimant for the period mentioned in that paragraph if the deduction had not been made under subsection 19(3) or the claimant had not been disentitled or disqualified from receiving benefits; or

    • (c) three times the maximum rate of weekly benefits in effect when the act or omission occurred, if no benefit period was established.

  • Marginal note:Determination under subsection 145(2)

    (3) For greater certainty, weeks of regular benefits that are repaid as a result of an act or omission mentioned in subsection (1) are deemed to be weeks of regular benefits paid for the purposes of the application of subsection 145(2).

  • 1996, c. 23, s. 38;
  • 2001, c. 5, s. 8.
 
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