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

Act current to 2022-01-12 and last amended on 2021-09-26. Previous Versions

PART VII.1Benefits For Self-Employed Persons (continued)

Benefits (continued)

Marginal note:Compassionate care benefits

  •  (1) Subject to this Part, benefits are payable to a self-employed person if a medical doctor or nurse practitioner has issued a certificate stating that

    • (a) a family member of the self-employed person has a serious medical condition with a significant risk of death within 26 weeks

      • (i) from the day on which the certificate is issued, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, from the day from which the medical doctor or nurse practitioner certifies the family member’s medical condition; and

    • (b) the family member requires the care or support of one or more other family members.

  • Marginal note:Medical practitioner

    (2) In the circumstances set out in the regulations, the certificate required under subsection (1) may be issued by a member of a prescribed class of medical practitioners.

  • Marginal note:Weeks for which benefits may be paid

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

    • (a) that begins on the first day of the week in which one of the following falls, namely,

      • (i) the day of issuance of the first certificate in respect of the family member that meets the requirements of subsection (1) and is filed with the Commission, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies the family member’s medical condition; and

    • (b) that ends on the last day of the week in which any of the following occurs, namely,

      • (i) all benefits payable under this section in respect of the family member are exhausted,

      • (ii) the family member dies, or

      • (iii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.

  • Marginal note:Certificate not necessary

    (3.1) For greater certainty, but subject to subsections (3) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (1)(a), it is not necessary for a medical doctor or nurse practitioner to issue an additional certificate under subsection (1).

  • Marginal note:Shorter period

    (4) If a shorter period is prescribed for the purposes of this section,

    • (a) the certificate referred to in subsection (1) must state that the family member has a serious medical condition with a significant risk of death within that period; and

    • (b) that period applies for the purposes of subparagraph (3)(b)(iii).

  • Marginal note:Exception

    (5) Subparagraph (3)(a)(ii) does not apply to a claim if

    • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

    • (b) the beginning of the period referred to in subsection (3) has already been determined with respect to the family member, and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

    • (c) the claim is made in any other circumstances set out in the regulations.

  • Marginal note:Deferral of waiting period

    (6) A self-employed person 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 if

    • (a) another claimant has made a claim for benefits under this section or section 23.1 in respect of the same family member during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

    • (b) another claimant is making a claim for benefits under this section or section 23.1 in respect of the same family member at the same time as the self-employed person and that other claimant elects to serve the waiting period; or

    • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.1 in respect of the same family member, meets the prescribed requirements.

  • Marginal note:Division of weeks of benefits

    (7) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.1 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 23.1 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum number of weeks that can be divided

    (8) For greater certainty, if, in respect of the same family member, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.1, the total number of weeks of benefits payable under this section and section 23.1 that may be divided between them may not exceed 26 weeks.

  • Marginal note:Limitation

    (9) If benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed.

  • 2009, c. 33, s. 16
  • 2015, c. 36, s. 77
  • 2017, c. 20, s. 246

Marginal note:Benefits — critically ill child

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

    • (a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and

    • (b) sets out the period during which the child requires that care or support.

  • Marginal note:Medical practitioner

    (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

  • Marginal note:Weeks for which benefits may be paid

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

    • (a) that begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of the child that meets the requirements of subsection (1) and is filed with the Commission, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the child is critically ill; and

    • (b) that ends on the last day of the week in which any of the following occurs:

      • (i) all benefits payable under this section in respect of the child are exhausted,

      • (ii) the child dies, or

      • (iii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

  • (4) [Repealed, 2017, c. 20, s. 247]

  • Marginal note:Exception

    (5) Subparagraph (3)(a)(ii) does not apply to a claim if

    • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

    • (b) the beginning of the period referred to in subsection (3) has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

    • (c) the claim is made in any other circumstances set out in the regulations.

  • Marginal note:Deferral of waiting period

    (6) A self-employed person 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 if

    • (a) another claimant has made a claim for benefits under this section or section 23.2 in respect of the same child during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

    • (b) another claimant is making a claim for benefits under this section or section 23.2 in respect of the same child at the same time as the claimant and that other claimant elects to serve their waiting period; or

    • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.2 in respect of the same child, meets the prescribed requirements.

  • (7) [Repealed, 2017, c. 20, s. 247]

  • Marginal note:Division of weeks of benefits

    (8) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.2 in respect of the same child, any remaining weeks of benefits payable under this section, under section 23.2 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum divisible number of weeks

    (9) For greater certainty, if, in respect of the same child, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.2, the total number of weeks of benefits payable under this section and section 23.2 that may be divided between them must not exceed 35 weeks.

  • Marginal note:Limitation — compassionate care benefits

    (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or 23.2(3) that is established in respect of that child.

  • Marginal note:Limitation — benefits for critically ill adult

    (10.1) Benefits under section 23.3 or 152.062 are not payable during the period of 52 weeks that begins on the first day of the week referred to in paragraph (3)(a) in respect of a person who was a critically ill child if benefits were paid in respect of that person under this section.

  • Marginal note:Limitation

    (11) When benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed.

  • 2012, c. 27, s. 23
  • 2017, c. 20, s. 247

Marginal note:Benefits — critically ill adult

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

    • (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and

    • (b) sets out the period during which the adult requires that care or support.

  • Marginal note:Medical practitioner

    (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

  • Marginal note:Weeks for which benefits may be paid

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

    • (a) that begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of the adult that meets the requirements of subsection (1) and is filed with the Commission, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the adult is critically ill; and

    • (b) that ends on the last day of the week in which any of the following occurs:

      • (i) all benefits payable under this section in respect of the adult are exhausted,

      • (ii) the adult dies, or

      • (iii) the expiry of the 52 weeks following the first day of the week referred to in paragraph (a).

  • Marginal note:Exception

    (4) Subparagraph (3)(a)(ii) does not apply to a claim if

    • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

    • (b) the beginning of the period referred to in subsection (3) has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

    • (c) the claim is made in any other circumstances set out in the regulations.

  • Marginal note:Deferral of waiting period

    (5) A self-employed person 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 if

    • (a) another claimant has made a claim for benefits under this section or section 23.3 in respect of the same adult during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

    • (b) another claimant is making a claim for benefits under this section or section 23.3 in respect of the same adult at the same time as the claimant and that other claimant elects to serve their waiting period; or

    • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.3 in respect of the same adult, meets the prescribed requirements.

  • Marginal note:Division of weeks of benefits

    (6) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.3 in respect of the same adult, any remaining weeks of benefits payable under this section, under section 23.3 or under both those sections, up to a maximum of 15 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum divisible number of weeks

    (7) For greater certainty, if, in respect of the same adult, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.3, the total number of weeks of benefits payable under this section and section 23.3 that may be divided between them must not exceed 15 weeks.

  • Marginal note:Limitation — compassionate care benefits

    (8) Benefits under section 23.1 or 152.06 are not payable in respect of an adult during the period referred to in subsection (3) or 23.3(3) that is established in respect of that adult.

  • Marginal note:Limitation

    (9) When benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed.

  • 2017, c. 20, s. 248

Qualifying for Benefits

Marginal note:Qualification requirements

  •  (1) A self-employed person qualifies for benefits if

    • (a) at least 12 months have expired since the day on which the person entered into an agreement referred to in subsection 152.02(1) with the Commission, or if a period has been prescribed for the purpose of this section, a period that is at least as long as that prescribed period has expired since that day;

    • (b) the agreement has not been terminated or deemed to have been terminated;

    • (c) the person has had an interruption of earnings from self-employment; and

    • (d) the person has had during their qualifying period an amount of self-employed earnings that is equal to or greater than the following amount:

      • (i) if the person has not accumulated a violation in the 260 weeks before making their initial claim for benefits,

        • (A) in the case where the person’s benefit period begins during the period beginning on January 3, 2021 and ending on September 25, 2021, and despite any amount fixed or determined in accordance with the regulations for that qualifying period, $5,000,

        • (B) in the case where the person’s benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022, and despite any amount fixed or determined in accordance with the regulations for that qualifying period, $5,289, or

        • (C) in any other case, $6,000 or the amount fixed or determined in accordance with the regulations, if any, for that qualifying period, or

      • (ii) if the person has accumulated a violation in the 260 weeks before making their initial claim for benefits, the amount referred to in this paragraph that would otherwise apply in respect of that self-employed person but for this subparagraph multiplied by,

        • (A) if the violation is a minor violation, 1.25 or the prescribed multiplier, if one has been prescribed,

        • (B) if the violation is a serious violation, 1.5 or the prescribed multiplier, if one has been prescribed,

        • (C) if the violation is a very serious violation, 1.75 or the prescribed multiplier, if one has been prescribed, or

        • (D) if the violation is a subsequent violation, 2 or the prescribed multiplier, if one has been prescribed.

  • Marginal note:Violations

    (2) A self-employed person accumulates a violation if in any of the following circumstances the Commission issues a notice of violation to the person:

    • (a) one or more penalties are imposed on the person under section 38, or under section 41.1 as a result of acts or omissions mentioned in section 38;

    • (b) the person is found guilty of one or more offences under section 135 or 136 as a result of acts or omissions mentioned in those sections; or

    • (c) the person is found guilty of one or more offences under the Criminal Code as a result of acts or omissions relating to the application of this Act.

  • Marginal note:Value of violations

    (3) The value of a violation is the total of

    • (a) the amount of the overpayment of benefits under this Part resulting from the acts or omissions on which the violation is based, and

    • (b) if the self-employed person is disentitled from receiving benefits under this Part, or the act or omission on which the violation is based relates to qualification requirements under subsection (1), the amount determined, subject to subsection (4), by multiplying the self-employed person’s weekly rate of benefits by the average number of weeks of benefits under this Part, as determined under the regulations.

  • Marginal note:Maximum

    (4) The maximum amount to be determined under paragraph (3)(b) is the amount of benefits that could have been paid to the self-employed person if they had not been disentitled or had met the qualification requirements under subsection (1).

  • Marginal note:Classification of violations

    (5) Except for violations for which a warning was imposed, each violation is classified as a minor, serious, very serious or subsequent violation as follows:

    • (a) if the value of the violation is

      • (i) less than $1,000, it is a minor violation,

      • (ii) $1,000 or more, but less than $5,000, it is a serious violation, or

      • (iii) $5,000 or more, it is a very serious violation; and

    • (b) if the notice of violation is issued within 260 weeks after the person accumulates another violation, it is a subsequent violation, even if the acts or omissions on which it is based occurred before the person accumulated the other violation.

  • Marginal note:Deemed violation

    (6) A violation accumulated by an individual under section 7.1 is deemed to be a violation accumulated by the individual under this section on the day on which the notice of violation was given to the individual.

  • Marginal note:Limitation

    (7) A violation may not be taken into account under paragraph (1)(d) in more than two initial claims by an individual for benefits under this Act if the individual who accumulated the violation qualified for benefits in each of those two initial claims, taking into account subparagraph (1)(d)(ii), subsection 7.1(1) or regulations made under Part VIII, as the case may be.

 
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