Employment Insurance Regulations (SOR/96-332)

AMENDMENTS NOT IN FORCE

• — 2021, c. 23, s. 347

  • • 347 (1) [In force]

    • (2) Subsection 35(6) of the Regulations is replaced by the following:

      • (6) Notwithstanding subsection (2), the earnings referred to in subsection 36(9) and allowances that would not be deducted from benefits by virtue of subsection 16(1) are not earnings to be taken into account for the purposes of section 14.

    • (3) [In force]

    • (4) Subsection 35(7) of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (e) and by repealing paragraph (g).

• — 2021, c. 23, s. 348(2)

  • • 348 (2) Section 36 of the Regulations is amended by adding the following after subsection (8):

      • (9) Subject to subsections (10) to (11), all earnings paid or payable to a claimant by reason of a lay-off or separation from an employment shall, regardless of the period in respect of which the earnings are purported to be paid or payable, be allocated to a number of weeks that begins with the week of the lay-off or separation in such a manner that the total earnings of the claimant from that employment are, in each consecutive week except the last, equal to the claimant’s normal weekly earnings from that employment.

      • (10) Subject to subsection (11), where earnings are paid or payable to a claimant by reason of a lay-off or separation from an employment subsequent to an allocation under subsection (9) in respect of that lay-off or separation, the subsequent earnings shall be added to the earnings that were allocated and, regardless of the period in respect of which the subsequent earnings are purported to be paid or payable, a revised allocation shall be made in accordance with subsection (9) on the basis of that total.

      • (10.1) The allocation of the earnings paid or payable to a claimant by reason of a lay-off or separation from an employment made in accordance with subsection (9) does not apply if

        • (a) the claimant’s benefit period begins in the period beginning on January 25, 2009 and ending on May 29, 2010;

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

        • (c) the Commission paid the claimant less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period; and

        • (d) during the period in which the earnings paid or payable by reason of the claimant’s lay-off or separation from an employment are allocated in accordance with subsection (9) or, if the earnings are allocated to five weeks or less, during that period of allocation or within six weeks following the notification of the allocation, the claimant is referred by the Commission, or an authority that the Commission designates, under paragraph 25(1)(a) of the Act, to a course or program of instruction or training

          • (i) that is full-time,

          • (ii) that has a duration of at least 10 weeks or that costs at least $5,000 or 80% of the earnings paid or payable by reason of the claimant’s lay-off or separation from employment,

          • (iii) for which the claimant assumes the entire cost, and

          • (iv) that begins during one of the 52 weeks following the beginning of the claimant’s benefit period.

      • (10.2) If any of the conditions under which the Commission may terminate the claimant’s referral under paragraph 27(1.1)(b) of the Act exists, the earnings paid or payable to the claimant by reason of a lay-off or separation from an employment shall be re-allocated under subsection (9).

• — 2021, c. 23, s. 349

  • • 349 (1) [In force]

    • (2) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following:

      • (5) A major attachment claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if

    • (3) [In force]

    • (4) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following:

      • (6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if