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

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.