Employment Insurance Regulations (SOR/96-332)
Full Document:
Regulations are current to 2012-05-14 and last amended on 2011-10-21. Previous Versions
14.01 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, 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.
- SOR/2010-10, s. 7.
Undeclared Earnings Referred to in Subsection 19(3) of the Act
14.1 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.
15. [Repealed, SOR/2001-291, s. 2]
Deductions for Earnings or Allowances While on a Course or Program of Instruction or Training
16. (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
17. (1) Subject to subsection (2), the regional rate of unemployment that applies to a claimant is 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
(a) for the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, for the region in which the claimant was ordinarily resident in that week; or
(b) for the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, where the claimant was ordinarily resident outside Canada during that week, for the region in which the claimant was last employed in insurable employment in Canada.
(2) Where a claimant referred to in paragraph (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) Where a claimant referred to in paragraph (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.
