Employment Insurance Act (S.C. 1996, c. 23)
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Act current to 2012-05-02 and last amended on 2011-12-15. Previous Versions
RELATED PROVISIONS
— 2003, c. 15, s. 25(1)
25. (1) Sections 15 to 20 and 22 apply to a claimant for any benefit period
(a) that begins on or after January 4, 2004; or
(b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.
— 2005, c. 34, s. 56
Repeal of sections 127 and 128 of the Employment Insurance Act
56. The repeal of sections 127 and 128 of the Employment Insurance Act does not affect the validity of a disclosure of information, or an agreement for the purpose of making information available, made under those sections by the Minister of Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development.
— 2008, c. 28, ss. 39(3), (4)
39. (3) Subsection (1) applies in respect of remittances by a prescribed person that are first due after February 25, 2008.
(4) Subsection (2) applies in respect of payments and remittances that are required to be first made after February 25, 2008.
— 2008, c. 28, s. 122
Application
122. For the purposes of paragraph 4(a) of the Canada Employment Insurance Financing Board Act, the Board sets the premium rate under section 66 of the Employment Insurance Act, as enacted by section 127.
— 2009, c. 2, s. 226(2)
Transitional
226. (2) 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. 10 and whose benefit period has not ended before the second Sunday before the day on which this Act receives royal assent is to be determined in accordance with Schedule I to the Employment Insurance Act, as enacted by subsection 224(1).
— 2009, c. 2, s. 227
Deeming provision
227. Section 66.1 of the Employment Insurance Act, as enacted by section 9 of chapter 5 of the Statutes of Canada, 2001, is deemed to have read as follows:
Premium rates for 2002 and 2003
66.1 Notwithstanding section 66, the premium rates for the years 2002 and 2003 are 2.2% and 2.1%, respectively.
— 2009, c. 2, s. 228
Deeming provision
228. Section 66.3 of the Employment Insurance Act, as enacted by section 25 of chapter 22 of the Statutes of Canada, 2004, is deemed to have read as follows:
Premium rate for 2005
66.3 Notwithstanding section 66, the premium rate for the year 2005 is 1.95%.
— 2009, c. 2, s. 229
Application
229. Subsection 224(1) applies with respect to every claimant whose benefit period has not ended before the day on which that subsection comes into force and whose benefit period does not begin after September 11, 2010.
— 2009, c. 30, s. 7
Subsection 55(10) of regulations
7. With respect to a claimant to whom any of sections 3 to 6 applies whose benefit period has not been extended under any of subsections 10(13) to (13.3) of the Employment Insurance Act, subsection 55(10) of the Employment Insurance Regulations is deemed to read as follows:
(10) In a claimant’s benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (b), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50 or, if the maximum number of weeks during which benefits may be paid to a claimant under section 225 of the Budget Implementation Act, 2009 is equal to or greater than 50 weeks as a result of the application of any provision of any Act of Parliament, other than the Employment Insurance Act, the number that corresponds to that maximum number of weeks.
— 2009, c. 33, s. 18
Agreements
18. Agreements referred to in subsection 152.02(1) of the Employment Insurance Act may be entered into at any time during the period that begins on the day on which this Act receives royal assent and ends on the day on which section 16 comes into force, but any such agreement that is entered into during that period is deemed to have been entered into on the day on which that section comes into force.
— 2009, c. 33, s. 19
Benefit periods during 2011
19. Despite paragraph 152.07(1)(a) of the Employment Insurance Act, a benefit period under Part VII.1 of that Act may begin on or after January 1, 2011 if the self-employed person to whom the benefit period relates has, during the period that begins on the later of the day on which this Act receives royal assent and January 1, 2010 and ends on April 1, 2010, entered into an agreement referred to in subsection 152.02(1) of that Act.
— 2009, c. 33, s. 20
Violations
20. For the purpose of subsection 152.07(6) of the Employment Insurance Act, a violation accumulated by an individual under section 7.1 of that Act before the coming into force of that subsection is deemed to be a violation accumulated by the individual under section 152.07 on the day on which the notice of violation was given to the individual even though that section was not in force on that day.
— 2010, c. 9, s. 4
Transitional
4. (1) Sections 2 and 3 apply to a claimant whose benefit period began less than 104 weeks before the day on which this Act comes into force if the period referred to in subsection 23(2) of the Employment Insurance Act
(a) has not ended before that day; or
(b) ended before that day and, within the period referred to in that subsection, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave in accordance with regulations made under the National Defence Act, and the claimant’s deferral or return to duty, as the case may be, has not ended before that day.
Special case
(2) Section 2 applies to a claimant and the period referred to in subsection 23(2) of the Employment Insurance Act is extended to 104 weeks if
(a) within the period referred to in that subsection, in accordance with regulations made under the National Defence Act, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave, as the case may be;
(b) the claimant’s deferral or return to duty ended before the day on which this Act comes into force;
(c) the claimant’s benefit period has not ended before that day; and
(d) the period referred to in that subsection ended before that day.
Other special case
(3) A claimant’s benefit period and the period referred to in subsection 23(2) of the Employment Insurance Act are each extended to 104 weeks if
(a) within the period referred to in that subsection, in accordance with regulations made under the National Defence Act, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave, as the case may be;
(b) the claimant’s deferral or return to duty ended before the day on which this Act comes into force; and
(c) the claimant’s benefit period and the period referred to in that subsection each began less than 104 weeks before that day and both ended before that day.
— 2010, c. 12, s. 2195
Account closed
2195. The account in the accounts of Canada known as the Employment Insurance Account is deemed to have been closed at the beginning of January 1, 2009 and removed from the accounts of Canada at that time.
— 2010, c. 12, s. 2196
Section 76
2196. For greater certainty, any amount purporting to have been credited to the Employment Insurance Account on or after January 1, 2009 and charged to the Consolidated Revenue Fund under section 76 of the Employment Insurance Act is deemed to have never been credited to that Account and charged to that Fund.
— 2010, c. 12, s. 2197
Amounts credited and charged
2197. For greater certainty, all amounts credited or charged to the Employment Insurance Account on or after January 1, 2009 are deemed to have been credited or charged, as the case may be, to the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, as enacted by section 2185.
— 2010, c. 12, s. 2198
Appropriation Acts
2198. Every authority in any appropriation Act to make recoverable expenditures on behalf of the Employment Insurance Account in respect of the fiscal year 2010–2011 is deemed to be an authority to make recoverable expenditures on behalf of the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, as enacted by section 2185.
— 2010, c. 12, s. 2199
Employment Insurance Operating Account — audit for fiscal year 2008–2009
2199. The Auditor General of Canada shall audit the Employment Insurance Operating Account, established by section 70.2 of the Employment Insurance Act, as enacted by section 2185, in respect of the fiscal year 2008–2009, and a report of that audit shall be made to the Minister of Human Resources and Skills Development.
— 2010, c. 12, s. 2200
Employment Insurance Account — re-audit
2200. Despite sections 2186 and 2195, and as a consequence of the establishment of the Employment Insurance Operating Account by section 70.2 of the Employment Insurance Act, as enacted by section 2185, the Auditor General of Canada may re-audit the Employment Insurance Account in respect of any fiscal year if he or she considers it necessary to do so, and a report of that audit is to be made to the Minister of Human Resources and Skills Development.
