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

Act current to 2017-12-11 and last amended on 2017-12-03. Previous Versions

PART VIII.1Alternate Access to Special Benefits

Marginal note:Regulations
  •  (1) Despite anything in this Act, the Commission shall, with the approval of the Governor in Council, make any regulations it considers necessary respecting the establishment and operation of a scheme to ensure that special benefits are provided to insured persons who have at least 600 hours of insurable employment in their qualifying period but who do not qualify to receive benefits under section 7, including regulations

    • (a) for establishing requirements to qualify to receive the benefits, the duration of entitlement to the benefits, benefit rates, disentitlement and disqualification from receiving the benefits and benefit repayment requirements; and

    • (b) varying the application of any other provision of this Act in relation to persons who have made claims under this Part and who subsequently make claims under Part I or VIII.

  • Marginal note:Scheme may be different

    (2) The scheme established by the regulations may, with respect to any matter, be different from the provisions of this Act relating to that matter.

  • Marginal note:Limitation

    (3) The scheme established by the regulations may not provide special benefits to persons who are subject to an increase under section 7.1 in the number of hours of insurable employment required to qualify for benefits.

  • 1996, c. 23, s. 153.1;
  • 2000, c. 14, s. 6.

PART VIII.2Regulations — Provincial Plans

Marginal note:Regulations
  •  (1) Despite any other provisions of this Act, if the Government of Canada has entered into an agreement with a province in respect of a provincial law that has the effect of reducing or eliminating special benefits, or benefits under Part VII.1, payable as described in subsection 69(2), the Commission may, with the approval of the Governor in Council, for the purposes of implementing the agreement and taking into account the application or effect of the provincial law, make any regulations that it considers necessary, including regulations

    • (a) respecting the manner in which and the extent to which any provision of this Act or the regulations applies; and

    • (b) adapting any provision of this Act or the regulations.

  • Marginal note:Regulations

    (2) The regulations may provide for

    • (a) the making of any financial adjustments and for the crediting or charging of the amount of any of those adjustments to the Employment Insurance Operating Account, including

      • (i) refunds of overpayments with respect to employees’ premiums and premiums under Part VII.1,

      • (ii) adjustment payments between the prov­ince and the Government of Canada with respect to premiums, and

      • (iii) reimbursement by the province of benefits paid by the Government of Canada in accordance with any administrative agreement between the province and the Government of Canada;

    • (b) the exchange of any information obtained under the provincial law or this Act; and

    • (c) the administration of benefits payable under this Act to persons employed or residing in the province or who have made a claim under the provincial law — or to self-employed persons, within the meaning of subsection 152.01(1), who work or reside in the province or who have made a claim under the provincial law — and the increase or decrease in the amount of benefits payable and in the number of weeks for which benefits may be paid under this Act to and in respect of those persons.

  • 2005, c. 30, s. 131;
  • 2009, c. 33, s. 17;
  • 2010, c. 12, s. 2189.

PART IXRepeals, Transitional Provisions, Related and Conditional Amendments and Coming into Force

Repeals

 [Repeals]

Transitional Provisions

National Training Act

Marginal note:Allowances

 A training allowance being paid under section 5 of the National Training Act when it is repealed may continue to be paid in accordance with that Act and the regulations made under it, as they read immediately before the repeal of that Act, until the conclusion of the course to which the allowance relates.

Marginal note:Agreements

 An agreement under section 7 of the National Training Act in effect when it is repealed continues in effect according to the terms of the agreement.

 [Repealed, 2010, c. 12, s. 2190]

Unemployment Insurance Act

Marginal note:Benefit periods beginning before this section comes into force
  •  (1) Except as otherwise provided in this section, all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act (the “former Act”) is repealed shall be dealt with under that Act, including any amendments that may be made by Bill C-31, introduced in the second session of the 35th Parliament and entitled An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996.

  • Marginal note:Appeals - written reasons not required

    (1.01) Subsection 70(2) of the former Act applies in respect of appeals under that Act except that the Tax Court of Canada need not give reasons in writing for its decision but may give reasons in writing where, in a particular case, the Court deems it advisable.

  • Marginal note:Deductions for undeclared earnings

    (1.1) Subsection 19(3) of this Act applies to claimants who fail to declare all or some of their earnings in a period determined under the regulations beginning on or after January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on or after that date in respect of any failure to declare earnings for such a period beginning after June 30, 1996.

  • Marginal note:Deductions under subsection 19(4)

    (1.2) Subsection 19(4) of this Act applies to claimants who begin attending a course or program after the former Act is repealed.

  • Marginal note:Parental benefits

    (2) Section 23 of this Act applies in place of section 20 of the former Act to claimants claiming benefits for the care of children born or placed for adoption after that Act is repealed.

  • Marginal note:Job creation projects

    (3) Section 25 of the former Act applies only to claimants employed on job creation projects under that section when that Act is repealed.

  • Marginal note:Training

    (4) Section 26 of the former Act applies only to claimants in a course or program to which they are referred under that section before that Act is repealed.

  • (5) [Repealed, 2010, c. 12, s. 2191]

  • Marginal note:Disentitlement and disqualification

    (6) Sections 27 to 33 of this Act apply in place of sections 27 to 28.3 of the former Act in respect of events occurring after that Act is repealed that give rise to a disentitlement or disqualification under those sections and, for the purpose of applying those sections, a reference in the former Act to

    • (a) section 27 shall be read as a reference to section 27 of this Act;

    • (b) section 28 shall be read as a reference to section 29 of this Act;

    • (c) section 28.1 shall be read as a reference to section 31 of this Act;

    • (d) section 28.2 shall be read as a reference to section 32 of this Act; and

    • (e) section 28.3 shall be read as a reference to section 33 of this Act.

  • Marginal note:Application of section 145

    (7) Section 145 of this Act applies in place of section 123 of the former Act in respect of benefits paid after December 31, 1995.

  • 1996, c. 23, s. 159;
  • 1998, c. 19, s. 274;
  • 1999, c. 31, s. 82(F);
  • 2010, c. 12, s. 2191.
Marginal note:Hours of insurable employment and earnings before 1997

 For the purpose of calculating after 1996 how many hours of insurable employment and the amount of insurable earnings a claimant has under this Act, other than Part VIII, insurable employment and insurable earnings occurring

  • (a) before June 30, 1996 shall be determined in accordance with the former Act; and

  • (b) on or after June 30, 1996 but before January 5, 1997 shall be determined in accordance with this Act, as it applies on June 30, 1996.

Marginal note:Premiums

 All matters relating to the payment of premiums under the former Act shall be dealt with under that Act.

 [Repealed, 2010, c. 12, s. 2192]

Marginal note:Estimated insurable earnings for 1996-97
  •  (1) For the purposes of section 78, the Commission’s estimate of the insurable earnings of all insured persons in the fiscal year 1996-97 shall be published in the Canada Gazette if it is not set out in the Main Estimates tabled in Parliament for that year.

  • Marginal note:Plan for 1996-97

    (2) The plan mentioned in section 79 shall be published in the Canada Gazette for the fiscal year 1996-97 if it is not included in the Main Estimates tabled in Parliament for that year.

 
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