Budget Implementation Act, 2016, No. 1 (S.C. 2016, c. 7)

• 209 (1) The portion of subsection 7(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Qualification requirement

    (2) An insured person qualifies if the person

• Marginal note:2009, c. 33, s. 3

  (2) Subsections 7(3) to (5) of the Act are repealed.

• 210 (1) The portion of subsection 7.1(1) of the Act before the table is replaced by the following:

  Marginal note:Increase in required hours

  • 7.1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to the number set out in the following table in relation to the applicable regional rate of unemployment if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefit.

• (2) Subsection 7.1(2) of the Act is repealed.

• Marginal note:2009, c. 33, s. 4

  (3) Subsection 7.1(3) of the Act is replaced by the following:

  • Marginal note:Limitation

    (3) A violation may not be taken into account under subsection (1) in more than two initial claims for benefits under this Act by an individual if the individual who accumulated the violation qualified for benefits in each of those two initial claims, taking into account subsection (1), subparagraph 152.07(1)(d)(ii) or regulations made under Part VIII, as the case may be.

Marginal note:2012, c. 27, s. 13(2)

• 211 (1) Subsection 10(14) of the Act is replaced by the following:

  • Marginal note:Extension of benefit period — additional 17 weeks

    (13.1) A claimant’s benefit period that has not ended before July 3, 2016, or that begins on or after that date, is extended by 17 weeks if the number of weeks for which benefits may be paid to the claimant has been increased as a result of subsection 12(2.1).

  • Marginal note:Benefit period deemed not ended — additional 17 weeks

    (13.2) Subject to subsections (13.7) and (14.1), if a claimant’s benefit period ended before July 3, 2016, that benefit period is deemed, despite subsection (8), not to have ended and it is extended by 17 weeks beginning on July 3, 2016 if the number of weeks for which benefits may be paid to the claimant has been increased as a result of subsection 12(2.1).

  • Marginal note:Extension of benefit period — additional 37 weeks

    (13.3) A claimant’s benefit period that has not ended before July 3, 2016, or that begins on or after that date, is extended by 37 weeks if the number of weeks for which benefits may be paid to the claimant has been increased as a result of subsection 12(2.3).

  • Marginal note:Benefit period deemed not ended — additional 37 weeks

    (13.4) Subject to subsections (13.7) and (14.1), if a claimant’s benefit period ended before July 3, 2016, that benefit period is deemed, despite subsection (8), not to have ended and it is extended by 37 weeks beginning on July 3, 2016 if the number of weeks for which benefits may be paid to the claimant has been increased as a result of subsection 12(2.3).

  • Marginal note:Extension of benefit period — additional 29 weeks

    (13.5) A claimant’s benefit period is extended by 29 weeks if the number of weeks for which benefits may be paid to the claimant has been increased as a result of subsection 12(2.5).

  • Marginal note:Extension of benefit period — additional 22 weeks

    (13.6) A claimant’s benefit period is extended by 22 weeks if the number of weeks for which benefits may be paid to the claimant has been increased as a result of subsection 12(2.6).

  • Marginal note:Clarification

    (13.7) A benefit period that is deemed under subsection (13.2) or (13.4) not to have ended does not include the period that begins on the day after the day on which the benefit period ended and that ends on July 2, 2016.

  • Marginal note:Maximum extension under subsections (10) to (13.6)

    (14) Subject to subsections (14.1) and (15), an extension under any of subsections (10) to (13.6) must not result in a benefit period of more than 104 weeks.

  • Marginal note:Excluded period to be included

    (14.1) The period that is excluded under subsection (13.7) is to be included in the calculation of the 104 weeks for the purposes of subsection (14).

• (2) Subsections 10(13.1) to (14.1) of the Act are replaced by the following:

  • Marginal note:Maximum extension under subsections (10) to (13)

    (14) Subject to subsection (15), an extension under any of subsections (10) to (13) must not result in a benefit period of more than 104 weeks.

Marginal note:2009, c. 30, s. 2(2)

• 212 (1) Subsection 12(2) of the Act is replaced by the following:

  • Marginal note:General maximum

    (2) Subject to subsections (2.1) to (2.6), the maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table in Schedule I by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.

  • Marginal note:Increase — five weeks

    (2.1) Subject to subsection (2.7), the number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant, but for this subsection, increased by five weeks if the following conditions are met:

    • (a) the claimant is not a long-tenured worker;

    • (b) the claimant’s benefit period began during the period beginning on January 4, 2015 and ending on July 8, 2017;

    • (c) the claimant’s ordinary residence at the beginning of the benefit period was in a region referred to in subsection (2.8); and

    • (d) benefits were paid or payable to the claimant because of a reason mentioned in subsection (2) for at least one week in the benefit period.

  • Marginal note:Payment of benefits — subsection 10(13.2)

    (2.2) If subsection (2.1) applies in respect of a claimant whose benefit period is deemed under subsection 10(13.2) not to have ended,

    • (a) the claimant may, for weeks beginning on or after July 3, 2016, be paid benefits because of a reason mentioned in subsection (2) for no more than the five additional weeks referred to in subsection (2.1); and

    • (b) the claimant may not be paid those additional five weeks of benefits for any week that began before July 3, 2016.

  • Marginal note:Increase — 25 weeks

    (2.3) Subject to subsection (2.7), the number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant, but for this subsection, increased by 25 weeks if the following conditions are met:

    • (a) the claimant is a long-tenured worker;

    • (b) the claimant’s benefit period began during the period beginning on January 4, 2015 and ending on October 29, 2016;

    • (c) the claimant’s ordinary residence at the beginning of the benefit period was in a region referred to in subsection (2.8); and

    • (d) benefits were paid or payable to the claimant because of a reason mentioned in subsection (2) for at least one week in the benefit period.

  • Marginal note:Payment of benefits — subsection 10(13.4)

    (2.4) If subsection (2.3) applies in respect of a claimant whose benefit period is deemed under subsection 10(13.4) not to have ended,

    • (a) the claimant may, for weeks beginning on or after July 3, 2016, be paid benefits because of a reason mentioned in subsection (2) for no more than the 25 additional weeks referred to in subsection (2.3); and

    • (b) the claimant may not be paid those additional 25 weeks of benefits for any week that began before July 3, 2016.

  • Marginal note:Increase — 17 weeks

    (2.5) The number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant, but for this subsection, increased by 17 weeks if the following conditions are met:

    • (a) the claimant is a long-tenured worker;

    • (b) the claimant’s benefit period began during the period beginning on October 30, 2016 and ending on February 25, 2017;

    • (c) the claimant’s ordinary residence at the beginning of the benefit period was in a region referred to in subsection (2.8); and

    • (d) benefits were paid or payable to the claimant because of a reason mentioned in subsection (2) for at least one week in the benefit period.

  • Marginal note:Increase — 10 weeks

    (2.6) The number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant, but for this subsection, increased by 10 weeks if the following conditions are met:

    • (a) the claimant is a long-tenured worker;

    • (b) the claimant’s benefit period began during the period beginning on February 26, 2017 and ending on July 8, 2017;

    • (c) the claimant’s ordinary residence at the beginning of the benefit period was in a region referred to in subsection (2.8); and

    • (d) benefits were paid or payable to the claimant because of a reason mentioned in subsection (2) for at least one week in the benefit period.

  • Marginal note:Application

    (2.7) If more than one benefit period in respect of a claimant began before July 3, 2016, subsection (2.1) or (2.3), as the case may be, applies to increase the number of weeks of benefits only in the benefit period that began on the day that is closest to that day.

  • Marginal note:Regions

    (2.8) The regions, for the purposes of subsections (2.1) to (2.6), are the following regions described in Schedule I to the Employment Insurance Regulations:

    • (a) the region of Northern Ontario described in subsection 2(3) of that Schedule;

    • (b) the region of Sudbury described in subsection 2(14) of that Schedule;

    • (c) the region of Northern Manitoba described in subsection 6(3) of that Schedule;

    • (c.1) the region of Southern Interior British Columbia described in subsection 7(1) of that Schedule;

    • (d) the region of Northern British Columbia described in subsection 7(5) of that Schedule;

    • (e) the region of Saskatoon described in subsection 9(2) of that Schedule;

    • (e.1) the region of Southern Saskatchewan described in subsection 9(3) of that Schedule;

    • (f) the region of Northern Saskatchewan described in subsection 9(4) of that Schedule;

    • (g) the region of Calgary described in subsection 10(1) of that Schedule;

    • (g.1) the region of Edmonton described in subsection 10(2) of that Schedule;

    • (h) the region of Southern Alberta described in subsection 10(3) of that Schedule;

    • (i) the region of Northern Alberta described in subsection 10(4) of that Schedule;

    • (j) the region of Newfoundland/Labrador described in subsection 11(2) of that Schedule;

    • (k) the region of Whitehorse described in subsection 12(1) of that Schedule; and

    • (l) the region of Nunavut described in subsection 14(2) of that Schedule.

• (2) Subsections 12(2) to (2.8) of the Act are replaced by the following:

  • Marginal note:General maximum

    (2) The maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table in Schedule I by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.

• Marginal note:2009, c. 30, s. 2(4)

  (3) Subsection 12(6) of the Act is replaced by the following:

  • Marginal note:Combined weeks of benefits

    (6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsections (2) and (3), but the total number of weeks of benefits shall not exceed 50 or, if the maximum number of weeks for which benefits may be paid to a claimant because of a reason mentioned in subsection (2) is greater than 45 weeks as a result of the application of any of subsections (2.1), (2.3), (2.5) and (2.6), the number that corresponds to that maximum number of weeks increased by five weeks.

• (4) Subsection 12(6) of the Act is replaced by the following:

  • Marginal note:Combined weeks of benefits

    (6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsections (2) and (3), but the total number of weeks of benefits shall not exceed 50.