Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)
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Assented to 2021-06-29
PART 4Various Measures (continued)
DIVISION 34Benefits and Leave (continued)
Coming into Force
Marginal note:June 19, 2021
301 This Division, other than section 300, comes into force, or is deemed to have come into force, on June 19, 2021.
DIVISION 35Benefits and Leave Related to Employment
1996, c. 23Employment Insurance Act
Amendments to the Act
302 (1) The definitions major attachment claimant and minor attachment claimant in subsection 6(1) of the Employment Insurance Act are repealed.
(2) Subsection 6(1) of the Act is amended by adding the following in alphabetical order:
- major attachment claimant
major attachment claimant means a claimant who qualifies to receive benefits and has 600 or more hours of insurable employment in their qualifying period; (prestataire de la première catégorie)
- minor attachment claimant
minor attachment claimant means a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable employment in their qualifying period; (prestataire de la deuxième catégorie)
303 (1) Paragraph 7(2)(b) of the Act is replaced by the following:
(b) has had during their qualifying period at least 420 hours of insurable employment.
(2) Paragraph 7(2)(b) of the Act is replaced by the following:
(b) has had during their qualifying period at least the number of hours of insurable employment set out in the following table in relation to the regional rate of unemployment that applies to the person.
(3) The table to subsection 7(2) of the Act is repealed.
(4) Subsection 7(2) of the Act is amended by adding the following after paragraph (b):
TABLE
Regional Rate of Unemployment Required Number of Hours of Insurable Employment in Qualifying Period 6% and under 700 more than 6% but not more than 7% 665 more than 7% but not more than 8% 630 more than 8% but not more than 9% 595 more than 9% but not more than 10% 560 more than 10% but not more than 11% 525 more than 11% but not more than 12% 490 more than 12% but not more than 13% 455 more than 13% 420
304 (1) Subsection 7.1(1) of the Act 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 if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefits.
TABLE / TABLEAU
Violation minor / mineure
serious / grave
very serious / très grave
subsequent / subséquente
525 630 735 840
(2) Subsection 7.1(1) of the Act 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 benefits.
TABLE / TABLEAU
Regional Rate of Unemployment /
Taux régional de chômage
Violation minor / mineure
serious / grave
very serious / très grave
subsequent / subséquente
6% and under/
6 % et moins
875 1050 1225 1400 more than 6% but not more than 7%/
plus de 6 % mais au plus 7 %
831 998 1164 1330 more than 7% but not more than 8%/
plus de 7 % mais au plus 8 %
788 945 1103 1260 more than 8% but not more than 9%/
plus de 8 % mais au plus 9 %
744 893 1041 1190 more than 9% but not more than 10%/
plus de 9 % mais au plus 10 %
700 840 980 1120 more than 10% but not more than 11%/
plus de 10 % mais au plus 11 %
656 788 919 1050 more than 11% but not more than 12%/
plus de 11 % mais au plus 12 %
613 735 858 980 more than 12% but not more than 13%/
plus de 12 % mais au plus 13 %
569 683 796 910 more than 13%/
plus de 13 %
525 630 735 840
305 (1) Subsections 8(3) to (6) of the Act are replaced by the following:
Marginal note:Further extension of qualifying period
(4) A qualifying period is further extended by the aggregate of any weeks during an extension for which the person proves, in any manner that the Commission may direct, that the person was not employed in insurable employment because of a reason specified in subsection (2).
Marginal note:Period not counted if benefits received
(5) For the purposes of subsections (2) and (4), a week during which the person was in receipt of benefits does not count.
(2) Subsection 8(7) of the Act is replaced by the following:
Marginal note:Maximum extension of qualifying period
(7) No extension under subsection (2) or (4) may result in a qualifying period of more than 104 weeks.
306 (1) Paragraph 10(10)(b) of the Act is repealed.
(2) Subsection 10(10) of the Act is amended by adding the following after paragraph (a):
(b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;
307 (1) Subsection 12(2.3) of the Act is replaced by the following:
Marginal note:General maximum — exception for seasonal workers
(2.3) Despite subsection (2), the maximum number of weeks for which benefits may be paid in a benefit period to a claimant because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table set out in Schedule V 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 if the following conditions are met:
(a) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 29, 2022;
(b) on the date on which the benefit period is established, the claimant is ordinarily resident in a region described in Schedule VI;
(c) in the 260 weeks before the date on which the benefit period referred to in paragraph (a) begins, at least three benefit periods were established during which regular benefits were paid or payable; and
(d) at least two of the benefit periods referred to in paragraph (c) began around the same time of year as the benefit period referred to in paragraph (a) began.
Marginal note:Establishment of benefit period — presumption
(2.4) For the purposes of paragraph (2.3)(c), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.
Marginal note:Beginning of benefit period — presumption
(2.5) For the purposes of paragraph (2.3)(d), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is
(a) 52 weeks before the first week of the benefit period referred to in paragraph (2.3)(a);
(b) 104 weeks before the first week of the benefit period referred to in paragraph (2.3)(a);
(c) 156 weeks before the first week of the benefit period referred to in paragraph (2.3)(a);
(d) 208 weeks before the first week of the benefit period referred to in paragraph (2.3)(a); or
(e) 260 weeks before the first week of the benefit period referred to in paragraph (2.3)(a).
(2) Paragraph 12(3)(c) of the Act is replaced by the following:
(c) because of a prescribed illness, injury or quarantine is 26;
(3) Subsection 12(8) of the Act is replaced by the following:
Marginal note:Adoption
(8) For the purposes of this section, the placement with a claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.
(4) Subsection 12(8) of the Act is replaced by the following:
Marginal note:Adoption
(8) For the purposes of this section, the placement with a major attachment claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.
308 (1) Subsection 21(1) of the Act is repealed.
(2) Section 21 of the Act is amended by adding the following before subsection (2):
Marginal note:Illness, etc. — minor attachment claimants
21 (1) A minor attachment claimant who ceases work because of illness, injury or quarantine is not entitled to receive benefits while unable to work for that reason.
309 (1) Subsection 22(1) of the Act is replaced by the following:
Marginal note:Pregnancy
22 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who proves her pregnancy.
(2) Subsection 22(1) of the Act is replaced by the following:
Marginal note:Pregnancy
22 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who proves her pregnancy.
(3) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Weeks for which benefits may be paid
(2) Subject to section 12, benefits are payable to a claimant under this section for each week of unemployment in the period
(4) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Weeks for which benefits may be paid
(2) Subject to section 12, benefits are payable to a major attachment claimant under this section for each week of unemployment in the period
(5) Subsection 22(5) of the Act is replaced by the following:
Marginal note:Deduction
(5) Subject to subsection 19(3), if benefits are payable under this section to a claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).
(6) Subsection 22(5) of the Act is replaced by the following:
Marginal note:Deduction
(5) Subject to subsection 19(3), if benefits are payable under this section to a major attachment claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).
- Date modified: