Employment Insurance Regulations (SOR/96-332)

Regulations are current to 2016-06-21 and last amended on 2016-01-01. Previous Versions

  •  (1) A type of employment is

    • (a) in respect of a claimant who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of their benefit period and who, according to their income tax returns for which notices of assessment have been sent by the Canada Revenue Agency, paid at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of their benefit period or, if their income tax return for the year before the beginning of their benefit period has not yet been filed or a notice of assessment for that year has not yet been sent by that Agency, in 7 of the 10 years before that year,

      • (i) during the first 18 weeks of the benefit period, the same occupation, and

      • (ii) after the 18th week of the benefit period, a similar occupation;

    • (b) in respect of a claimant who was paid more than 60 weeks of regular benefits in at least three benefit periods in the 260 weeks before the beginning of their benefit period,

      • (i) during the first six weeks of the benefit period, a similar occupation, and

      • (ii) after the sixth week of the benefit period, any occupation in which the claimant is qualified to work; and

    • (c) in respect of a claimant to whom neither paragraph (a) nor (b) applies,

      • (i) during the first six weeks of the benefit period, the same occupation,

      • (ii) after the sixth week and until the 18th week of the benefit period, a similar occupation, and

      • (iii) after the 18th week of the benefit period, any occupation in which the claimant is qualified to work.

  • (2) For the purposes of this section,

    • (a) same occupation means any occupation in which the claimant worked during their qualifying period;

    • (b) similar occupation means any occupation in which the claimant is qualified to work and which entails duties that are comparable to the ones that the claimant had during their qualifying period; and

    • (c) occupation in which the claimant is qualified to work includes an occupation in which the claimant could become qualified to work through on-the-job training.

  • (3) In the counting of weeks referred to in subsection (1) and section 9.004, account shall be taken only of the waiting period, of any week in respect of which regular benefits are paid to the claimant and of any week of disqualification referred to in subsection 28(1) of the Act.

  • SOR/2012-261, s. 1.

 Offered earnings — evaluated by reference to earnings from the employment in which the claimant worked for the greatest number of hours during their qualifying period — are

  • (a) in respect of a claimant to whom paragraph 9.003(1)(a) applies,

    • (i) during the first 18 weeks of the benefit period, earnings equal to 90% or more of the reference earnings, and

    • (ii) after the 18th week of the benefit period, earnings equal to 80% or more of the reference earnings;

  • (b) in respect of a claimant to whom paragraph 9.003(1)(b) applies,

    • (i) during the first six weeks of the benefit period, earnings equal to 80% or more of the reference earnings, and

    • (ii) after the sixth week of the benefit period, earnings equal to 70% or more of the reference earnings; and

  • (c) in respect of a claimant to whom paragraph 9.003(1)(c) applies,

    • (i) during the first six weeks of the benefit period, earnings equal to 90% or more of the reference earnings,

    • (ii) after the sixth week and until the 18th week of the benefit period, earnings equal to 80% or more of the reference earnings, and

    • (iii) after the 18th week of the benefit period, earnings equal to 70% or more of the reference earnings.

  • SOR/2012-261, s. 1.

Agreement — Self-Employed Person

Termination of Agreement — Notice

 The notice referred to in subsection 152.02(4) of the Act that the individual gives to the Commission to terminate the agreement shall be given in writing.

  • SOR/2010-10, s. 2.

Withdrawal of Notice

 The withdrawal of the notice referred to in paragraph 152.02(6)(b) of the Act shall be given to the Commission in writing.

  • SOR/2010-10, s. 2.

PART IBenefits

[SOR/2010-10, s. 3]

Hours of Insurable Employment — Methods of Determination

 Where a person's earnings are paid on an hourly basis, the person is considered to have worked in insurable employment for the number of hours that the person actually worked and for which the person was remunerated.

  • SOR/97-31, s. 3.

 Subject to section 10, where a person's earnings or a portion of a person's earnings for a period of insurable employment remains unpaid for the reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations, the person is deemed to have worked in insurable employment for the number of hours that the person actually worked in the period, whether or not the person was remunerated.

  • SOR/97-310, s. 2.
  •  (1) Where a person's earnings are not paid on an hourly basis but the employer provides evidence of the number of hours that the person actually worked in the period of employment and for which the person was remunerated, the person is deemed to have worked that number of hours in insurable employment.

  • (2) Except where subsection (1) and section 9.1 apply, if the employer cannot establish with certainty the actual number of hours of work performed by a worker or by a group of workers and for which they were remunerated, the employer and the worker or group of workers may, subject to subsection (3) and as is reasonable in the circumstances, agree on the number of hours of work that would normally be required to gain the earnings referred to in subsection (1), and, where they do so, each worker is deemed to have worked that number of hours in insurable employment.

  • (3) Where the number of hours agreed to by the employer and the worker or group of workers under subsection (2) is not reasonable or no agreement can be reached, each worker is deemed to have worked the number of hours in insurable employment established by the Minister of National Revenue, based on an examination of the terms and conditions of the employment and a comparison with the number of hours normally worked by workers performing similar tasks or functions in similar occupations and industries.

  • (4) Except where subsection (1) and section 9.1 apply, where a person's actual hours of insurable employment in the period of employment are not known or ascertainable by the employer, the person, subject to subsection (5), is deemed to have worked, during the period of employment, the number of hours in insurable employment obtained by dividing the total earnings for the period of employment by the minimum wage applicable, on January 1 of the year in which the earnings were payable, in the province where the work was performed.

  • (5) In the absence of evidence indicating that overtime or excess hours were worked, the maximum number of hours of insurable employment which a person is deemed to have worked where the number of hours is calculated in accordance with subsection (4) is seven hours per day up to an overall maximum of 35 hours per week.

  • (6) Subsections (1) to (5) are subject to section 10.1.

  • (7) [Repealed, SOR/97-31, s. 4]

  • SOR/97-31, s. 4;
  • SOR/2002-377, s. 1.
  •  (1) If a person is required under their contract of employment to be available for a certain period awaiting a request from their employer to work, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours at a rate equivalent or superior to the remuneration that would be paid if the person had actually worked during that period.

  • (2) Despite subsection (1), if a person is required by their employer under their contract of employment to be present at the employer's premises for a certain period in case their services are required, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours.

  • SOR/2002-377, s. 2.
  •  (1) Where an insured person is remunerated by the employer for a period of paid leave, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked and for which the person would normally have been remunerated during that period.

  • (2) Where an insured person is remunerated by the employer for a period of leave in the form of a lump sum payment calculated without regard to the length of the period of leave, the person is deemed to have worked in insurable employment for the lesser of

    • (a) the number of hours that the person would normally have worked and for which the person would normally have been remunerated during the period, and

    • (b) the number of hours obtained by dividing the lump sum amount by the normal hourly rate of pay.

  • (3) Where an insured person is remunerated by the employer for a non-working day and

    • (a) works on that day, the person is deemed to have worked in insurable employment for the greater of the number of hours that the person actually worked and the number of hours that the person would normally have worked on that day; and

    • (b) does not work on that day, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked on that day.

  • SOR/97-31, s. 5.
 
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