Employment Insurance Regulations (SOR/96-332)

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

 An interruption of earnings of a self-employed person referred to in paragraph 152.07(1)(c) of the Act occurs at the beginning of the week in which the person declares having reduced the time devoted to their business activities by more than 40% of the normal level because the person ceases to work by reason of illness, injury or quarantine, pregnancy, the need to care for a child or children referred to in subsection 152.05(1) of the Act or the need to provide care or support to a family member referred to in subsection 152.06(1) of the Act or to a critically ill child.

  • SOR/2010-10, s. 7;
  • SOR/2013-102, s. 5.

Undeclared Earnings Referred to in Subsection 19(3) of the Act

 For the purpose of allocating any earnings that a claimant has failed to declare to a period referred to in paragraph 15(4)(a), (b) or (c), as that paragraph read immediately before August 12, 2001, where the period began before that date and was to have ended, in accordance with that paragraph, on or after that date, the period ends on August 12, 2001.

  • SOR/2001-291, s. 1.

 [Repealed, SOR/2001-291, s. 2]

Deductions for Earnings or Allowances While on a Course or Program of Instruction or Training

  •  (1) Subject to subsection (2), an amount equal to the total amount of any allowances payable to a claimant for attending a course or program of instruction or training, other than a course or program to which the Commission or an authority designated by the Commission has referred the claimant, shall be deducted from the benefits payable to the claimant in respect of any week of unemployment

    • (a) during which the claimant is attending the course or program; and

    • (b) for which the allowances are payable.

  • (2) The allowances referred to in subsection (1) do not include any amounts paid in respect of dependant care, travel, commuting or a living-away-from-home or disability allowance.

  • (3) The total amount of the earnings and allowances paid under Part II of the Act shall be deducted from the benefits payable to a claimant in respect of those weeks where the claimant

    • (a) does not meet the qualifying conditions of section 7 or 7.1 of the Act or of any regulations made under Part VIII of the Act, or is disentitled or disqualified within the meaning of subsection 6(1) of the Act;

    • (b) is paid earnings or allowances under Part II of the Act for certain weeks for attending a course or program of instruction or is paid earnings from employment for certain weeks of employment under the Job Creation Partnership employment benefit established by the Commission under paragraph 59(d) of the Act; and

    • (c) subsequently becomes entitled to regular benefits in respect of the same weeks as those for which the amounts under paragraph (b) were paid.

  • SOR/97-31, s. 9.

Rates of Unemployment

  •  (1) The regional rate of unemployment that applies to a claimant is

    • (a) in the case of regions described in sections 2 to 11 of Schedule I, the average of the seasonally adjusted monthly rates of unemployment for the last three-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate; and

    • (b) in the case of regions described in sections 12 to 14 of Schedule I, the greater of the average that would arise under subparagraph (i) and the average that would arise under subparagraph (ii):

      • (i) the average of the seasonally adjusted monthly rates of unemployment for the last three-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate, and

      • (ii) the average of the seasonally adjusted monthly rates of unemployment for the last 12-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate.

  • (1.1) The regional rate of unemployment referred to in subsection (1) is

    • (a) for the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, the rate produced for the region in which the claimant was, during the week referred to in subsection 10(1) of the Act, ordinarily resident; and

    • (b) for the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, if the claimant was, during the week referred to in subsection 10(1) of the Act, ordinarily resident outside Canada, the rate produced for the region in which the claimant was last employed in insurable employment in Canada.

  • (2) If a claimant referred to in paragraph (1.1)(a) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

  • (3) If a claimant referred to in paragraph (1.1)(b) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

  • (4) The seasonally adjusted monthly rate of unemployment referred to in subsection (1) shall be obtained by using the regional rates of unemployment produced by Statistics Canada that incorporate an estimate of the rates of unemployment for status Indians living on Indian reserves.

  • SOR/2014-160, s. 1.
  •  (1) The definitions in this subsection apply in this section.

    Gaspésie — Îles-de-la-Madeleine

    Gaspésie — Îles-de-la-Madeleine means the region described in subsection 3(1) of Schedule I. (région de Gaspésie — Îles-de-la-Madeleine)

    Lower St. Lawrence and North Shore

    Lower St. Lawrence and North Shore means the region described in subsection 3(11) of Schedule I. (région du Bas Saint-Laurent — Côte Nord)

    Madawaska — Charlotte

    Madawaska — Charlotte means the region described in subsection 5(2) of Schedule I. (région de Madawaska — Charlotte)

    Restigouche — Albert

    Restigouche — Albert means the region described in subsection 5(3) of Schedule I. (région de Restigouche — Albert)

  • (2) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

    • (a) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

    • (b) the average of

      • (i) the regional rate of unemployment for Restigouche — Albert, as determined in accordance with subsection 17(1), and

      • (ii) the average of the regional rates of unemployment for Restigouche — Albert and Madawaska — Charlotte, as determined in accordance with subsection 17(1).

  • (3) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

    • (a) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

    • (b) the average of

      • (i) the regional rate of unemployment for Restigouche — Albert, as determined in accordance with subsection 17(1), and

      • (ii) the average of the regional rates of unemployment for Restigouche — Albert and Madawaska — Charlotte, as determined in accordance with subsection 17(1).

  • (4) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

    • (a) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

    • (b) the average of the regional rates of unemployment for Madawaska — Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).

  • (5) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

    • (a) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

    • (b) the average of the regional rates of unemployment for Madawaska — Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).

  • (6) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is

    • (a) in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of

      • (i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

      • (ii) the average of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (4)(b);

    • (b) in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of

      • (i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

      • (ii) the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.15; and

    • (c) in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of

      • (i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

      • (ii) the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.05.

  • (7) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is

    • (a) in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of

      • (i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

      • (ii) the average of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (5)(b);

    • (b) in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of

      • (i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

      • (ii) the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.15; and

    • (c) in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of

      • (i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

      • (ii) the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.05.

  • (8) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

    • (a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

    • (b) the average of

      • (i) the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and

      • (ii) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

  • (9) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

    • (a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

    • (b) the average of

      • (i) the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and

      • (ii) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

  • (10) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

    • (a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

    • (b) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

  • (11) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

    • (a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

    • (b) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

  • (12) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is

    • (a) in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of

      • (i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

      • (ii) the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (10)(b);

    • (b) in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of

      • (i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

      • (ii) the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.15; and

    • (c) in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of

      • (i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

      • (ii) the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.05.

  • (13) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is

    • (a) in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of

      • (i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

      • (ii) the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (11)(b);

    • (b) in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of

      • (i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

      • (ii) the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.15; and

    • (c) in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of

      • (i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

      • (ii) the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.05.

  • (14) Where a claimant referred to in subsection (2),(4),(6), (8), (10) or (12) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

  • (15) Where a claimant referred to in subsection (3),(5),(7), (9), (11) or (13) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

  • (16) If, on any day after March 12, 2011, the required number of hours of insurable employment in a claimant’s qualifying period and the number of weeks for which benefits are payable, determined in respect of Madawaska — Charlotte using the regional rate of unemployment as determined in accordance with subsection (6), are exactly the same as if they were determined in respect of the same region using the regional rate of unemployment as determined in accordance with subsection 17(1), subsections (6) and (7) cease to have effect on the Sunday after that day.

  • (17) If, on any day after March 12, 2011, the required number of hours of insurable employment in a claimant’s qualifying period and the number of weeks for which benefits are payable, determined in respect of Lower St. Lawrence and North Shore using the regional rate of unemployment as determined in accordance with subsection (12), are exactly the same as if they were determined in respect of the same region using the regional rate of unemployment as determined in accordance with subsection 17(1), subsections (12) and (13) cease to have effect on the Sunday after that day.

  • (18) As soon as possible after the condition referred to in subsection (16) or (17) is satisfied, the Commission must publish a notice in the Canada Gazette that specifies the provisions that cease to have effect. The Commission must also publish the notice on its website.

  • SOR/2000-355, s. 1;
  • SOR/2002-154, s. 1;
  • SOR/2003-336, s. 1;
  • SOR/2004-145, s. 1;
  • SOR/2005-144, s. 1;
  • SOR/2006-240, s. 1;
  • SOR/2008-257, s. 1;
  • SOR/2010-81, s. 1.
 
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