Employment Insurance Regulations (SOR/96-332)

Regulations are current to 2016-11-21 and last amended on 2016-08-07. Previous Versions

Interest on Amounts Owing to Her Majesty

  •  (1) The following definitions apply in this section.

    average bank rate

    average bank rate means the simple arithmetic mean of the bank rates that are established during the month before the month in respect of which interest is being calculated. (taux d'escompte moyen)

    bank rate

    bank rate means the rate of interest established weekly by the Bank of Canada as the minimum rate at which the Bank of Canada makes short-term advances to members of the Canadian Payments Association. (taux d'escompte)

    debt arising from an act or omission

    debt arising from an act or omission means an amount payable under section 43, 45, 46, 46.1 or 65 of the Act in respect of which a penalty was imposed under section 38, 39 or 65.1 of the Act or a warning was issued under section 41.1 of the Act or in respect of which a prosecution was undertaken under section 135 or 136 of the Act or under the Criminal Code, and includes an amount payable under section 38, 39 or 65.1 of the Act and an amount payable as a result of the judgment of a court. (dette résultant d'un acte délictueux)

  • (2) If an appeal in respect of a penalty imposed under section 38, 39 or 65.1 of the Act or of a warning issued under section 41.1 of the Act results in the rescinding of the penalty or warning or if a claimant is eventually acquitted in a prosecution under section 135 or 136 of the Act or under the Criminal Code, the debt that was the subject of the decision is not a debt arising from an act or omission.

  • (3) Interest accrues, at a rate that is calculated daily and compounded monthly at the average bank rate plus three per cent, on all debts arising from an act or omission and owing to Her Majesty under section 47 or 65.2 of the Act on or after the day this section comes into force.

  • (4) The accrual of interest on an amount owing to Her Majesty under section 47 or 65.2 of the Act, at the rate set out in subsection (3), begins on the day on which the debtor is notified of the amount owing.

  • (5) Subject to subsection (6), interest does not accrue on an amount owing to Her Majesty under section 47 or 65.2 of the Act during the period in which an appeal or other review of the decision that gave rise to the obligation to pay that amount is pending.

  • (6) An appeal or other review referred to in subsection (5) does not include the reconsideration of a decision by the Commission under section 41, 52 or 111 of the Act.

  • (7) The accrual of interest on an amount owing to Her Majesty under section 47 or 65.2 of the Act ceases on the day on which

    • (a) repayment of the amount owed to Her Majesty and any interest accrued on that amount is received by Her Majesty or a duly authorized agent of Her Majesty;

    • (b) the debtor dies;

    • (c) the amount owed is written off under section 56; or

    • (d) the accrued interest is written off under section 56.

  • (8) The Commission may waive or reduce the amount of interest provided for in this section if

    • (a) the administrative costs of collecting the interest owing would exceed the amount of that interest;

    • (b) the interest is payable in respect of an amount in dispute where the dispute has been settled, in whole or in part, in favour of the debtor; or

    • (c) the accrual of interest on a particular penalty or amount owing would result in undue hardship to the debtor.

  • SOR/2002-236, s. 3;
  • SOR/2013-64, s. 1.

Deductions from Benefits for Payments to Governments and Authorities

  •  (1) In this section, deduction means a deduction from benefits that is made by the Commission pursuant to subsection 42(3) of the Act.

  • (2) No deduction shall be made in respect of any advance or assistance or welfare payment paid by the Government of Canada or any of its agencies, a provincial or municipal government or any other authority prescribed by this section, unless

    • (a) an arrangement has been entered into between the Commission and the Government of Canada or any of its agencies, the provincial government or the municipal government or the prescribed authority in respect of the deduction; and

    • (b) the person to whom the payment is made has consented pursuant to subsection 42(3) of the Act to the deduction by signing the form supplied by the Commission.

  • (3) The Commission may at any time terminate an arrangement entered into pursuant to subsection (2).

  • (4) The council of an Indian band, referred to as a council of the band in subsection 2(1) of the Indian Act, is a prescribed authority for the purposes of subsection 42(3) of the Act.

PART IINational Employment Service

 The national employment service maintained by the Commission under subsections 60(1) and (2) of the Act shall, for the purpose of facilitating the fullest possible integration into the Canadian work force of persons who need assistance in competing in the labour market, in cooperation with interested public authorities, employers, unions and organizations representing industries and industrial sectors,

  • (a) collect and analyse the available information on the situation of the labour market, including information on labour market supply and demand, the economic and employment situations of individuals, families and communities, career and learning trends, and social and community conditions, and its probable evolution, both in Canada as a whole and in different industries, occupations and areas;

  • (b) make that information available systematically and promptly to interested public authorities, the employers' and workers' organizations concerned and the general public;

  • (c) help workers find suitable employment by

    • (i) making available to them information on employment opportunities locally, regionally and nationally, including information on specific job openings as well as general information on careers and occupations that are in demand in the labour market and the educational and skill requirements for those careers or occupations,

    • (ii) where appropriate, referring them to other sources of labour market information such as social service agencies and community employment services organizations,

    • (iii) obtaining from workers seeking employment such information as is necessary to effect proper referrals to employment opportunities within Canada and abroad,

    • (iv) in accordance with local community-based service and client targeting strategies, interviewing and counselling workers, when necessary, to assess their employment needs and assist them to develop action plans in order to address those needs, and

    • (v) providing them with information on the availability of special assistance where they are experiencing particular difficulty obtaining or keeping employment; and

  • (d) help employers find suitable workers by

    • (i) obtaining from them information on job vacancies and such information as is necessary to effect proper referrals of workers to the employers,

    • (ii) advising them on various ways to meet their employment needs, and

    • (iii) making available to them information on workers searching for employment.

 The national employment service shall be made available at no cost to all workers whether insured or not or whether they are claiming unemployment benefits or not, and to all employers, workers' organizations and interested public and private organizations providing employment assistance services to workers.

PART IIIReduction of Premium for Employers with Wage-Loss Plans

Interpretation

 The definition in this section applies to this Part.

plan

plan means a wage-loss plan that covers insured persons employed by an employer, and includes a Weekly Indemnity Plan, a Special Weekly Indemnity Plan, a Cumulative Paid Sick Leave Plan and an Enhanced Cumulative Paid Sick Leave Plan referred to in sections 63, 64, 65 and 66, respectively. (régime)

Application

 This Part applies where insured persons, who are employed by an employer and are covered by a plan that meets the requirements of section 63, 64, 65 or 66, benefit from a reduction of the employer's premium in an amount at least equal to five-twelfths of the reduction.

Reduction of Employer's Premium Rate

  •  (1) Subject to subsection (2), an employer's premium rate fixed under section 68 of the Act shall be reduced, in respect of insured persons employed by that employer who are covered by a plan that meets the requirements of section 63, 64, 65 or 66 and is a qualifying plan pursuant to subsection 67(3), by the percentage by which

    • (a) the experience cost ratio calculated under subsection (3) in respect of each category of insured persons covered by such a plan

    is less than

    • (b) the first payer cost ratio calculated under subsection (4) for all insured persons.

  • (2) An employer's premium rate fixed under section 68 of the Act shall not be reduced in respect of

    • (a) an insured person who is not covered under a plan;

    • (b) an insured person who is covered under a plan that does not meet the requirements of section 63, 64, 65 or 66; or

    • (c) an insured person whose eligibility to use days of paid sick leave is deferred under a plan that meets the requirements of section 65 or 66.

  • (3) For the purpose of determining the experience cost ratio for a year, the Commission shall, in respect of each category of insured persons covered by plans that meet the requirements of section 63, 64, 65 or 66, divide

    • (a) the average cost of benefits paid under section 12 and paragraph 18(1)(b) of the Act to insured persons whose interruption of earnings was by reason of illness, injury or quarantine

    by

    • (b) the average amount of the yearly insurable earnings for the insured persons,

    with both averages being taken over the three years ending concurrently with the second year preceding the year for which the calculation is made.

  • (4) For the purpose of determining the first payer cost ratio for a year, the Commission shall, in respect of all insured persons, divide

    • (a) the average cost of benefits that would have been paid under section 12 and paragraph 18(1)(b) of the Act to insured persons whose interruption of earnings was by reason of illness, injury or quarantine, as estimated by the Commission, if benefits payable under a group sickness or disability wage-loss indemnity plan or paid sick leave plan were disregarded for the purpose of determining benefits otherwise payable to persons under the Act,

    by

    • (b) the average of the yearly insurable earnings for the insured persons,

    with both averages being taken over the three years ending concurrently with the second year preceding the year for which the calculation is made.

  • SOR/2013-102, s. 20.
 
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