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

Marginal note:Disentitlement — period of leave without just cause

• 32. (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

• 33. (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

34. 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

35. 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

• 36. (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.