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Employment Insurance Act (S.C. 1996, c. 23)

Act current to 2021-10-07 and last amended on 2021-09-26. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2000, c. 12, ss. 107(1) and (1.1), as amended by 2017, c. 20, s. 257(2)

      • 107 (1) Subsection 23(1) of the Act is replaced by the following:

        • Parental benefits
          • 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for

            • (a) one or more new-born children of the claimant;

            • (b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or

            • (c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).

      • (1.1) Subsection 23(2) of the Act is replaced by the following:

        • Weeks for which benefits may be paid

          (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period that begins with the week in which

          • (a) the child or children of the claimant are born,

          • (b) the child or children are actually placed with the claimant for the purpose of adoption, or

          • (c) the claimant first meets the requirements set out in the regulations made under paragraph 54(f.1)

          and ends 52 weeks after that week.

  • — 2000, c. 12, s. 107(3), as amended by 2015, c. 36, s. 159 and 2018, c. 27, s. 308(2)

      •  (3) Section 23 of the Act is amended by adding the following after subsection (4.11):

        • Interpretation

          (4.2) Subsections 12(3) to (8) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

  • — 2000, c. 12, s. 109

    • 109 Section 54 of the Act is amended by adding the following after paragraph (f):

      • (f.1) for the purposes of paragraphs 23(1)(c) and (2)(c) and subsection 23(5), respecting the following requirements, subject to consulting the governments of the provinces:

        • (i) the circumstances in which the claimant must be caring for the child or children,

        • (ii) the criteria that the claimant must meet,

        • (iii) the conditions that the claimant must fulfil, and

        • (iv) any matter that the Commission considers necessary for the purpose of carrying out the provisions of section 23;

  • — 2009, c. 33, s. 34

    • 2000, c. 14

      34 On the first day on which both section 10 of the Budget Implementation Act, 2000 has produced its effects and subsection 7(2) of this Act is in force, subsection 23(6) of the Employment Insurance Act, as enacted by that subsection 7(2), is renumbered as subsection (7) and is repositioned accordingly if required.

  • — 2009, c. 33, s. 35, as amended by 2018, c. 27, s. 309(2)

    • 2000, c. 12

      35 On the first day on which both subsection 107(3) of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force, section 152.05 of the Employment Insurance Act is amended by adding the following after subsection (13.01):

      • Interpretation

        (13.1) Subsections 152.14(1) to (8) are to be read as including the situation where a self-employed person is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).

  • — 2009, c. 33, s. 36, as amended by 2017, c. 20, s. 258(2) and 2021, c. 23, s. 338(2)(F)

    • 2000, c. 12

      36 On the first day on which both section 109 of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force:

      • (a) paragraph 54(f.1) of the Employment Insurance Act is replaced by the following:

        • (f.1) for the purposes of paragraphs 23(1)(c) and (2)(c), subsection 23(5) paragraphs 152.05(1)(c) and (2)(c) and subsection 152.05(7), respecting the following requirements, subject to consulting the governments of the provinces:

          • (i) the circumstances in which the claimant must be caring for the child or children,

          • (ii) the criteria that the claimant must meet,

          • (iii) the conditions that the claimant must fulfil, and

          • (iv) any other matter that the Commission considers necessary for the purpose of carrying out sections 23 and 152.05;

      • (b) subsection 152.05(1) of the Employment Insurance Act is replaced by the following:

        • Parental benefits
          • 152.05 (1) Subject to this Part, benefits are payable to a self-employed person to care for

            • (a) one or more new-born children of the person;

            • (b) one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides; or

            • (c) one or more children if the self-employed person meets the requirements set out in the regulations made under paragraph 54(f.1).

      • (c) subsection 152.05(2) of the Employment Insurance Act is replaced by the following:

        • Weeks for which benefits may be paid

          (2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period

          • (a) that begins with the week in which the child or children of the self-employed person are born and that ends 52 weeks after that week;

          • (b) that begins with the week in which the child or children of the self-employed person are actually placed with the self-employed person for the purpose of adoption and that ends 52 weeks after that week; or

          • (c) that begins with the week in which the self-employed person first meets the requirements set out in the regulations made under paragraph 54(f.1) and ends 52 weeks after that week.

  • — 2021, c. 23, s. 302(2)

      • 302 (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)

  • — 2021, c. 23, s. 303

      • 303 (1) [In force]

      • (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) [In force]

      • (4) Subsection 7(2) of the Act is amended by adding the following after paragraph (b):

        TABLE

        Regional Rate of UnemploymentRequired Number of Hours of Insurable Employment in Qualifying Period
        6% and under700
        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
  • — 2021, c. 23, s. 304(2)

      • 304 (2) Subsection 7.1(1) of the Act is replaced by the following:

        • 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

            875105012251400

            more than 6% but not more than 7%/

            plus de 6 % mais au plus 7 %

            83199811641330

            more than 7% but not more than 8%/

            plus de 7 % mais au plus 8 %

            78894511031260

            more than 8% but not more than 9%/

            plus de 8 % mais au plus 9 %

            74489310411190

            more than 9% but not more than 10%/

            plus de 9 % mais au plus 10 %

            7008409801120

            more than 10% but not more than 11%/

            plus de 10 % mais au plus 11 %

            6567889191050

            more than 11% but not more than 12%/

            plus de 11 % mais au plus 12 %

            613735858980

            more than 12% but not more than 13%/

            plus de 12 % mais au plus 13 %

            569683796910

            more than 13%/

            plus de 13 %

            525630735840
  • — 2021, c. 23, s. 306(2)

      • 306 (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;

  • — 2021, c. 23, s. 307

      • 307 (1) [In force]

      • (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) [In force]

      • (4) Subsection 12(8) of the Act is replaced by the following:

        • 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.

  • — 2021, c. 23, s. 308(2)

      • 308 (2) Section 21 of the Act is amended by adding the following before subsection (2):

        • 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.

  • — 2021, c. 23, s. 309

      • 309 (1) [In force]

      • (2) Subsection 22(1) of the Act is replaced by the following:

        • Pregnancy
          • 22 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who proves her pregnancy.

      • (3) [In force]

      • (4) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:

        • 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) [In force]

      • (6) Subsection 22(5) of the Act is replaced by the following:

        • 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).

  • — 2021, c. 23, s. 310

      • 310 (1) [In force]

      • (2) Subsection 23(1) of the Act is replaced by the following:

        • Parental benefits
          • 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides.

      • (3) [In force]

      • (4) Subsection 23(1.3) of the Act is replaced by the following:

        • First to elect

          (1.3) If two major attachment claimants each make a claim for benefits under this section — or one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual.

      • (5) [In force]

      • (6) Subsection 23(4) of the Act is replaced by the following:

        • Division of weeks of benefits

          (4) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.05 or under both those sections may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.1) or 152.05(1.1) is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 69, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

      • (7) [In force]

      • (8) The portion of subsection 23(4.1) of the Act before paragraph (a) is replaced by the following:

        • Maximum number of weeks that can be divided

          (4.1) For greater certainty, if, in respect of the same child or children, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed

      • (9) [In force]

      • (10) The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following:

        • Deferral of waiting period

          (5) A major attachment claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if

      • (11) [In force]

      • (12) Paragraphs 23(5)(b) to (d) of the Act are replaced by the following:

        • (b) another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving their waiting period;

        • (c) another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or

        • (d) the claimant or another major attachment claimant meets the prescribed requirements.

      • (13) [In force]

      • (14) The portion of subsection 23(6) of the Act before paragraph (b) is replaced by the following:

        • Exception

          (6) If a major attachment claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.04 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then

          • (a) if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or

  • — 2021, c. 23, s. 311(2)

      • 311 (2) The portion of subsection 23.1(2) of the Act before paragraph (a) is replaced by the following:

        • Compassionate care benefits

          (2) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor or nurse practitioner has issued a certificate stating that

  • — 2021, c. 23, s. 312(2)

      • 312 (2) The portion of subsection 23.2(1) of the Act before paragraph (a) is replaced by the following:

        • Benefits — critically ill child
          • 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that

  • — 2021, c. 23, s. 313(2)

      • 313 (2) The portion of subsection 23.3(1) of the Act before paragraph (a) is replaced by the following:

        • Benefits — critically ill adult
          • 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

  • — 2021, c. 23, s. 314(2)

      • 314 (2) Section 28 of the Act is amended by adding the following after subsection (6):

        • Exception

          (7) Subsection (6) does not apply to prevent a claimant from requesting that a benefit period established for the claimant as a minor attachment claimant be cancelled under subsection 10(6) and that a benefit period be established for the claimant as a major attachment claimant to enable the claimant to receive special benefits.

  • — 2021, c. 23, s. 315(2)

      • 315 (2) Paragraph 29(a) of the Act is replaced by the following:

        • (a) employment refers to any employment of the claimant within their qualifying period or their benefit period;

  • — 2021, c. 23, s. 316

      • 316 (1) [In force]

      • (2) The portion of subsection 30(1) of the Act before paragraph (b) is replaced by the following:

        • Disqualification — misconduct or leaving without just cause
          • 30 (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless

            • (a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.1 to qualify to receive benefits; or

      • (3) [In force]

      • (4) Subsection 30(4) of the Act is replaced by the following:

        • Suspension

          (4) Despite subsection (6), the disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

        • Restriction on qualifying for benefits

          (5) If a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following hours may not be used to qualify under section 7 or 7.1 to receive benefits:

          • (a) hours of insurable employment from that or any other employment before the employment was lost or left; and

          • (b) hours of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1).

        • Restriction on number of weeks and rate of benefits

          (6) No hours of insurable employment in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant’s rate of weekly benefits under section 14.

        • Interpretation

          (7) For greater certainty, but subject to paragraph (1)(a), a claimant may be disqualified under subsection (1) even if the claimant’s last employment before their claim for benefits was not lost or left as described in that subsection and regardless of whether their claim is an initial claim for benefits.

  • — 2021, c. 23, s. 317(2)

      • 317 (2) Section 46.01 of the Act is replaced by the following:

        • Limitation

          46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.

  • — 2021, c. 23, s. 318(2)

      • 318 (2) The portion of section 51 of the Act before paragraph (a) is replaced by the following:

        • Information

          51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall

  • — 2021, c. 23, s. 322(2)

      • 322 (2) Subsection 152.11(11) 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;

  • — 2021, c. 23, s. 323

    • 323 Paragraph 152.14(1)(c) of the Act is replaced by the following:

      • (c) because of a prescribed illness, injury or quarantine is 26;

  • — 2021, c. 23, s. 329(2)

      • 329 (2) Schedule I to the Act is replaced by the Schedule I set out in Schedule 2 to this Act.

        SCHEDULE I(Subsection 12(2))

        Table of Weeks of Benefits

        Regional Rate of Unemployment
        Number of hours of insurable employment in qualifying period6% and underMore than 6% but not more than 7%More than 7% but not more than 8%More than 8% but not more than 9%More than 9% but not more than 10%More than 10% but not more than 11%More than 11% but not more than 12%More than 12% but not more than 13%More than 13% but not more than 14%More than 14% but not more than 15%More than 15% but not more than 16%More than 16%
        420–45426283032
        455–4892426283032
        490–524232527293133
        525–55921232527293133
        560–5942022242628303234
        595–629182022242628303234
        630–66417192123252729313335
        665–6991517192123252729313335
        700–734141618202224262830323436
        735–769141618202224262830323436
        770–804151719212325272931333537
        805–839151719212325272931333537
        840–874161820222426283032343638
        875–909161820222426283032343638
        910–944171921232527293133353739
        945–979171921232527293133353739
        980–1014182022242628303234363840
        1015–1049182022242628303234363840
        1050–1084192123252729313335373941
        1085–1119192123252729313335373941
        1120–1154202224262830323436384042
        1155–1189202224262830323436384042
        1190–1224212325272931333537394143
        1225–1259212325272931333537394143
        1260–1294222426283032343638404244
        1295–1329222426283032343638404244
        1330–1364232527293133353739414345
        1365–1399232527293133353739414345
        1400–1434242628303234363840424445
        1435–1469252729313335373941434545
        1470–1504262830323436384042444545
        1505–1539272931333537394143454545
        1540–1574283032343638404244454545
        1575–1609293133353739414345454545
        1610–1644303234363840424445454545
        1645–1679313335373941434545454545
        1680–1714323436384042444545454545
        1715–1749333537394143454545454545
        1750–1784343638404244454545454545
        1785–1819353739414345454545454545
        1820–363840424445454545454545
  • — 2021, c. 23, s. 336

    • Illness, injury or quarantine

      336 Paragraphs 12(3)(c) and 152.14(1)(c) of the Employment Insurance Act, as amended by subsection 307(2) and section 323, respectively, apply in respect of a claimant for any benefit period that begins on or after the day on which subsection 307(2) and section 323 come into force.

  • — 2021, c. 23, s. 337

    • 2000, c. 12
      • 337 (1) In this section, other Act means the Modernization of Benefits and Obligations Act.

      • (2) If subsection 107(1) of the other Act comes into force before subsection 310(2) of this Act, then

        • (a) on the first day on which both that subsection 107(1) and subsection 310(1) of this Act are in force subsection 23(1) of the Employment Insurance Act is replaced by the following:

          • Parental benefits
            • 23 (1) Despite section 18, but subject to this section, benefits are payable to a claimant to care for

              • (a) one or more new-born children of the claimant;

              • (b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or

              • (c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).

        • (b) on the day on which that subsection 310(2) comes into force, the portion of subsection 23(1) of the Employment Insurance Act before paragraph (a) is replaced by the following:

          • Parental benefits
            • 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for

      • (3) If subsection 107(1) of the other Act comes into force on the same day as subsection 310(2) of this Act, then that subsection 310(2) is deemed to have come into force before that subsection 107(1).

Date modified: