Employment Insurance Regulations (SOR/96-332)

24. If a period of employment for which insurable earnings have been reported on the record of employment falls partially within a week that is included in the claimant’s qualifying period, the Commission shall, unless presented by the claimant or the employer with evidence of the amount of insurable earnings actually earned in the week, allocate the amount of insurable earnings, not including any insurable earnings paid or payable by reason of lay-off or separation from employment, proportionately over that period of employment, on the basis that the claimant earned the same amount of insurable earnings for each of the seven days of each week.

24.1 For the purposes of paragraph 14(3)(b) of the Act, the insurable earnings paid or payable to the claimant, during the qualifying period, by reason of lay-off or separation from employment is the lesser of

• (a) the actual amount of those earnings, and

• (b) the amount calculated in accordance with the following formula:

  A x 0.18%

  where

  A 

  is the claimant’s insurable earnings during the calculation period — not including those referred to in paragraph (a) — paid or payable for the employment that gave rise to the earnings referred to in that paragraph.

24.2 [Repealed, SOR/2013-45, s. 3]

24.3 For the purposes of paragraph 152.16(1)(b) of the Act, the following insurable earnings are not taken into account in the calculation of the rate of weekly benefits of a self-employed person:

• (a) insurable earnings from any employment that they lost because of their misconduct or that they voluntarily left without just cause within the meaning of paragraphs 29(b.1) and (c) of the Act; and

• (b) insurable earnings in the qualifying period earned before the beginning of a prior benefit period established under Part I of the Act or regulations made under Part VIII of the Act for the self-employed person as an insured person.

• 25. (1) For the purposes of subsection 7(4.1) and section 145 of the Act, a claimant is considered to have been paid a week of benefits when the total of the percentages of benefits paid for one or more weeks of unemployment equals 100.

• (2) For the purpose of subsection (1), the percentage of benefits paid for a week shall be obtained by dividing the amount of the benefits paid to the claimant for that week by the rate of weekly benefits applicable to that week.

25.1 The election referred to in subsection 152.09(1) of the Act shall be made to the Commission in writing.