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Employment Insurance Regulations - SOR/96-332 (Section 17.1)

Employment Insurance Regulations
- [...]
- (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.
- [...]
- (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.
[...]
Employment Insurance Regulations - SOR/96-332 (Section 36)

Employment Insurance Regulations
- 36 (1) Subject to subsection (2), the earnings of a claimant as determined under section 35 shall be allocated to weeks in the manner described in this section and, for the purposes referred to in subsection 35(2), shall be the earnings of the claimant for those weeks.
- (2) For the purposes of this section, the earnings of a claimant shall not be allocated to weeks during which they did not constitute earnings or were not taken into account as earnings under section 35.
- [...]
- (8) Where vacation pay is paid or payable to a claimant for a reason other than a lay-off or separation from an employment, it shall be allocated as follows:
  
  [...]
- [...]
- (11) Where earnings are paid or payable in respect of an employment pursuant to a labour arbitration award or the judgment of a tribunal, or as a settlement of an issue that might otherwise have been determined by a labour arbitration award or the judgment of a tribunal, and the earnings are awarded in respect of specific weeks as a result of a finding or admission that disciplinary action was warranted, the earnings shall be allocated to a number of consecutive weeks, beginning with the first week in respect of which the earnings are awarded, in such a manner that the total earnings of the claimant from that employment are, in each week except the last week, equal to the claimant’s normal weekly earnings from that employment.
- [...]
- (13) A payment paid or payable to a claimant in respect of a holiday or non-working day that is observed as such by law, custom or agreement, or a holiday or non-working day immediately preceding or following a holiday or non-working day that occurs at the establishment of the employer or former employer from whom the claimant receives that payment, shall be allocated to the week in which that day occurs.
- [...]
- (15) The moneys referred to in paragraph 35(2)(e) that are paid or payable to a claimant in a lump sum shall be allocated beginning with the first week that those moneys are paid or payable to the claimant in such a manner that those moneys are equal in each week to the weekly amount, calculated in accordance with subsection (17), to which the claimant would have been entitled if the lump sum payment had been paid as an annuity.
- [...]
- (17) The weekly amount shall be calculated in accordance with the following formula, according to the claimant’s age on the day on which the lump sum payment is paid or payable:
  
  A / B
  
  where
  
  B
  
  is the estimated actuarial present valueFootnote ^* of $1 payable at the beginning of every week starting from the day on which the lump sum payment is paid or payable and payable for the claimant’s lifetime, as calculated each year in accordance with the following formula and effective on January 1 of the year following its calculation:
  
  B = [Σ_{t = 0} to infinity of (_tP_x/ (1+ i)^t) – 0.5] × 52
  
  where
  
  i
  
  is the annualized long-term Government of Canada benchmark bond yields averaged over the 12-month period beginning on the September 1 and ending on the August 30 before the January 1 on which the estimated actuarial present values are effective, expressed as a percentage and rounded to the nearest one tenth of a percentage, and
  
  [...]
- (18) Earnings that are payable to a claimant under a government program intended to encourage re-employment and that are payable to the claimant as a supplement to earnings arising from a contract of employment shall be allocated to the period for which they are payable.
- [...]
- (20) For the purposes of this section, a fraction of a dollar that is equal to or greater than one half shall be taken as a dollar and a fraction that is less than one half shall be disregarded.
[...]
Employment Insurance Regulations - SOR/96-332 (Section 36)

Employment Insurance Regulations
- 36 (1) Subject to subsection (2), the earnings of a claimant as determined under section 35 shall be allocated to weeks in the manner described in this section and, for the purposes referred to in subsection 35(2), shall be the earnings of the claimant for those weeks.
- (2) For the purposes of this section, the earnings of a claimant shall not be allocated to weeks during which they did not constitute earnings or were not taken into account as earnings under section 35.
- [...]
- (8) Where vacation pay is paid or payable to a claimant for a reason other than a lay-off or separation from an employment, it shall be allocated as follows:
  
  [...]
- [...]
- (11) Where earnings are paid or payable in respect of an employment pursuant to a labour arbitration award or the judgment of a tribunal, or as a settlement of an issue that might otherwise have been determined by a labour arbitration award or the judgment of a tribunal, and the earnings are awarded in respect of specific weeks as a result of a finding or admission that disciplinary action was warranted, the earnings shall be allocated to a number of consecutive weeks, beginning with the first week in respect of which the earnings are awarded, in such a manner that the total earnings of the claimant from that employment are, in each week except the last week, equal to the claimant’s normal weekly earnings from that employment.
- [...]
- (13) A payment paid or payable to a claimant in respect of a holiday or non-working day that is observed as such by law, custom or agreement, or a holiday or non-working day immediately preceding or following a holiday or non-working day that occurs at the establishment of the employer or former employer from whom the claimant receives that payment, shall be allocated to the week in which that day occurs.
- [...]
- (15) The moneys referred to in paragraph 35(2)(e) that are paid or payable to a claimant in a lump sum shall be allocated beginning with the first week that those moneys are paid or payable to the claimant in such a manner that those moneys are equal in each week to the weekly amount, calculated in accordance with subsection (17), to which the claimant would have been entitled if the lump sum payment had been paid as an annuity.
- [...]
- (17) The weekly amount shall be calculated in accordance with the following formula, according to the claimant’s age on the day on which the lump sum payment is paid or payable:
  
  A / B
  
  where
  
  B
  
  is the estimated actuarial present valueFootnote ^* of $1 payable at the beginning of every week starting from the day on which the lump sum payment is paid or payable and payable for the claimant’s lifetime, as calculated each year in accordance with the following formula and effective on January 1 of the year following its calculation:
  
  B = [Σ_{t = 0} to infinity of (_tP_x/ (1+ i)^t) – 0.5] × 52
  
  where
  
  i
  
  is the annualized long-term Government of Canada benchmark bond yields averaged over the 12-month period beginning on the September 1 and ending on the August 30 before the January 1 on which the estimated actuarial present values are effective, expressed as a percentage and rounded to the nearest one tenth of a percentage, and
  
  [...]
- (18) Earnings that are payable to a claimant under a government program intended to encourage re-employment and that are payable to the claimant as a supplement to earnings arising from a contract of employment shall be allocated to the period for which they are payable.
- [...]
- (20) For the purposes of this section, a fraction of a dollar that is equal to or greater than one half shall be taken as a dollar and a fraction that is less than one half shall be disregarded.
[...]
Employment Insurance Regulations - SOR/96-332 (SCHEDULE III : Interim Provisions)

Employment Insurance Regulations
[...]
PART I

[...]
[...]
PART I.1

[...]
[...]
PART II

2 The following applies in place of sections 19 to 21:

Information Relating to Employment History

[...]

(2) Subject to subsection (3), copies of the record of employment completed pursuant to subsection (1) shall be distributed in the following manner:

[...]

(c) the copy marked “Employer’s copy” shall be kept and retained as a part of the employer’s records and books of account in accordance with subsection 87(3) of the Act.

(3) If, for reasons beyond the employer’s control, the employer is unable to deliver or mail the copies marked “Employee’s copy: Part 1” and “Employee’s copy: Part 2” of the completed record of employment to the insured person within the time limit set out in paragraph (2)(a), the employer shall retain them until

(a) such time as they are requested by the Commission or insured person, or

[...]

(4) The number of weeks of insurable employment and insurable earnings reported in a record of employment with respect to an insured person shall be as determined and allocated pursuant to Parts III and IV of the Act and any regulations made under those Parts, but sections 35 and 36 of these Regulations shall not apply in respect of any such determination.

[...]

[...]

22 The earnings to be taken into account for the purpose of determining the average weekly insurable earnings for the purposes of section 14 of the Act as set out in section 6 of Schedule II to the Act are those earnings for which a premium was payable.

23 For the purposes of Part I of the Act, where a claimant’s earnings were paid or payable in the qualifying period for a period otherwise than in respect of weeks (hereinafter called the “pay period”), the number of weeks that are to be taken as weeks of insurable employment in any one employment period shall

[...]

4 The following applies in place of section 34:

[...]

(3) For the purposes of paragraph 14(1)(b) of the Act as set out in section 6 of Schedule II to the Act, the following circumstances are prescribed as circumstances which must exist in relation to one or more dependants of a claimant or of the spouse of the claimant:

(a) a child tax benefit as provided for in section 122.61 of the Income Tax Act is payable to either the claimant or the spouse during the month in which the claimant makes a claim for the benefit rate prescribed by paragraph 14(1)(b) of the Act as set out in section 6 of Schedule II to the Act; or

[...]
[...]
[...]
[...]
[...]
Employment Insurance Regulations - SOR/96-332 (Section 58)

Employment Insurance Regulations
58 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;
- [...]
- (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,
- (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,

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Date modified:: 2024-10-01

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PART I

PART I.1

PART II

Information Relating to Employment History

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