Employment Insurance Act

Marginal note:Exclusions from earnings

153.193 The following are to be excluded from the earnings referred to in section 35 of the Employment Insurance Regulations:

• (a) any pay or earnings referred to in subsection 36(8), (9) or (19) of those Regulations if

  • (i) the claimant’s benefit period begins on or after September 27, 2020, or

  • (ii) the pay or earnings are declared to the Commission on or after September 27, 2020 and would otherwise have been allocated under section 36 of those Regulations to a week beginning on or after September 27, 2020; and

• (b) any of the following portions of payments that are paid to a claimant as an insured person for the first week for which benefits are payable, if their waiting period has been waived under subsection 153.191(1):

  • (i) the portion of any payments referred to in subsection 37(1) of those Regulations that does not exceed 95% of the claimant’s normal weekly earnings from the employment to which the payments relate, and

  • (ii) despite paragraph 38(1)(a) of those Regulations, the portion of any payments referred to in subsection 38(1) of those Regulations that does not exceed the claimant’s normal weekly earnings from the employment to which the payments relate.