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

Act current to 2019-06-20 and last amended on 2019-03-17. Previous Versions

PART IUnemployment Benefits (continued)

Qualifying for Benefits

Marginal note:Benefits payable to persons who qualify

  •  (1) Unemployment benefits are payable as provided in this Part to an insured person who qualifies to receive them.

  • Marginal note:Qualification requirement

    (2) An insured person qualifies if the person

    • (a) has had an interruption of earnings from employment; and

    • (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.

    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
  • (3) to (5) [Repealed, 2016, c. 7, s. 209]

  • Marginal note:Other benefit rights — Canada-U.S. agreement

    (6) An insured person is not qualified to receive benefits if it is jointly determined that the insured person must first exhaust or end benefit rights under the laws of another jurisdiction, as provided by Article VI of the Agreement Between Canada and the United States Respecting Unemployment Insurance, signed on March 6 and 12, 1942.

  • 1996, c. 23, s. 7
  • 1999, c. 31, s. 75(E)
  • 2001, c. 5, s. 4
  • 2009, c. 33, s. 3
  • 2016, c. 7, s. 209

Marginal note:Increase in required hours

  •  (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.

    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
  • (2) [Repealed, 2016, c. 7, s. 210]

  • Marginal note:Deemed violation

    (2.1) A violation accumulated by an individual under section 152.07 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

    (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:Violations

    (4) An insured 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, 39, 41.1 or 65.1, as a result of acts or omissions mentioned in section 38, 39 or 65.1;

    • (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: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:Value of violations

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

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

    • (b) if the claimant is disqualified or disentitled from receiving benefits, or the act or omission on which the violation is based relates to qualification requirements under section 7, the amount determined, subject to subsection (7), by multiplying the claimant’s weekly rate of benefit by the average number of weeks of regular benefits, as determined under the regulations.

  • Marginal note:Maximum

    (7) The maximum amount to be determined under paragraph (6)(b) is the amount of benefits that could have been paid to the claimant if the claimant had not been disentitled or disqualified or had met the qualification requirements under section 7.

  • 1996, c. 23, s. 7.1
  • 2009, c. 33, s. 4
  • 2016, c. 7, s. 210
 
Date modified: