Employment Insurance Act

Version of section 12 from 2010-01-01 to 2010-09-11:

Marginal note:Benefits
  •  (1) If a benefit period has been established for a claimant, benefits may be paid to the claimant for each week of unemployment that falls in the benefit period, subject to the maximums established by this section.

  • Marginal note:General maximum

    (2) Subject to subsections (2.1) to (2.4), the maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table in Schedule I 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.

  • Marginal note:Higher number of weeks — certain claimants

    (2.1) If a claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on January 4, 2009 and ends on June 5, 2010, the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this subsection increased by

    • (a) 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of the claimant’s benefit period;

    • (b) 8 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period;

    • (c) 11 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;

    • (d) 14 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;

    • (e) 17 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or

    • (f) 20 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.

  • Marginal note:Higher number of weeks — certain claimants

    (2.2) If a claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on June 6, 2010 and ends on July 10, 2010, the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this subsection increased by

    • (a) 3 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period;

    • (b) 6 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;

    • (c) 9 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;

    • (d) 12 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or

    • (e) 15 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.

  • Marginal note:Higher number of weeks — certain claimants

    (2.3) If a claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on July 11, 2010 and ends on August 7, 2010, the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this subsection increased by

    • (a) 1 week, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;

    • (b) 4 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;

    • (c) 7 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or

    • (d) 10 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.

  • Marginal note:Higher number of weeks — certain claimants

    (2.4) If a claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on August 8, 2010 and ends on September 11, 2010, the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this subsection increased by

    • (a) 2 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or

    • (b) 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.

  • Marginal note:Maximum — special benefits

    (3) The maximum number of weeks for which benefits may be paid in a benefit period

    • (a) because of pregnancy is 15;

    • (b) because the claimant is caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is 35;

    • (c) because of a prescribed illness, injury or quarantine is 15; and

    • (d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2), is six.

  • Marginal note:Maximum — special benefits

    (4) The maximum number of weeks for which benefits may be paid

    • (a) for a single pregnancy is 15; and

    • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is 35.

  • Marginal note:Maximum — parental benefits

    (4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) and a claim is made under section 152.05 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is 35.

  • Marginal note:Maximum — compassionate care benefits

    (4.1) Even if more than one claim is made under this Act, at least one of which is made under this Part — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of this Part — in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is six weeks during the period of 26 weeks beginning with the first day of the week referred to in paragraph 23.1(4)(a).

  • Marginal note:Shorter period

    (4.2) If a shorter period is prescribed for the purposes of subsection 23.1(5), then that shorter period applies for the purposes of subsection (4.1).

  • Marginal note:Expiration of shorter period

    (4.3) When a shorter period referred to in subsection (4.2) has expired in respect of a family member, no further benefits are payable under section 23.1 in respect of that family member until the minimum prescribed number of weeks has elapsed.

  • Marginal note:Combined weeks of benefits

    (5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period

    • (a) is extended under subsection 10(13), the maximum number of combined weeks is 65;

    • (b) is extended under subsection 10(13.1) or (13.2), the maximum number of combined weeks is 56; and

    • (c) is extended under subsection 10(13.3), the maximum number of combined weeks is 71.

  • Marginal note:Combined weeks of benefits

    (6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsections (2) and (3), 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 subsection (2) is greater than 50 weeks as a result of the application of any of subsections (2.1) to (2.4), the number that corresponds to that maximum number of weeks.

  • (7) [Repealed, 2000, c. 14, s. 3]

  • Marginal note:Adoption

    (8) For the purposes of this section, the placement with a major attachment claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.

  • 1996, c. 23, s. 12;
  • 2000, c. 14, s. 3;
  • 2002, c. 9, s. 13;
  • 2003, c. 15, s. 17;
  • 2009, c. 30, s. 2, c. 33, s. 6.