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 (continued)

Marginal note:Qualifying period

  •  (1) Subject to subsections (2) to (7), the qualifying period of an insured person is the shorter of

    • (a) the 52-week period immediately before the beginning of a benefit period under subsection 10(1), and

    • (b) the period that begins on the first day of an immediately preceding benefit period and ends with the end of the week before the beginning of a benefit period under subsection 10(1).

  • Marginal note:Extension of qualifying period

    (2) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that throughout the week the person was not employed in insurable employment because the person was

    • (a) incapable of work because of a prescribed illness, injury, quarantine or pregnancy;

    • (b) confined in a jail, penitentiary or other similar institution and was not found guilty of the offence for which the person was being held or any other offence arising out of the same transaction;

    • (c) receiving assistance under employment benefits; or

    • (d) receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the person, her unborn child or a child whom she was breast-feeding.

  • Marginal note:Extension resulting from severance payments

    (3) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that

    • (a) earnings paid because of the complete severance of their relationship with their former employer have been allocated to weeks in accordance with the regulations; and

    • (b) the allocation has prevented them from establishing an interruption of earnings.

  • 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 such manner as the Commission may direct, that

    • (a) in the case of an extension under subsection (2), the person was not employed in insurable employment because of a reason specified in that subsection; or

    • (b) in the case of an extension under subsection (3), the person had earnings paid to them because of the complete severance of their relationship with their former employer.

  • Marginal note:Period not counted if benefits received

    (5) For the purposes of subsections (2) to (4), a week during which the person was in receipt of benefits does not count.

  • Marginal note:Period not counted if insurable employment

    (6) For the purposes of subsection (3) and paragraph (4)(b), a week during which the person was employed in insurable employment does not count.

  • Marginal note:Maximum extension of qualifying period

    (7) No extension under any of subsections (2) to (4) may result in a qualifying period of more than 104 weeks.

  • 1996, c. 23, s. 8
  • 2013, c. 35, s. 1

Benefit Period

Marginal note:Establishment of benefit period

 When an insured person who qualifies under section 7 or 7.1 makes an initial claim for benefits, a benefit period shall be established and, once it is established, benefits are payable to the person in accordance with this Part for each week of unemployment that falls in the benefit period.

Marginal note:Beginning of benefit period

  •  (1) A benefit period begins on the later of

    • (a) the Sunday of the week in which the interruption of earnings occurs, and

    • (b) the Sunday of the week in which the initial claim for benefits is made.

  • Marginal note:Length of benefit period

    (2) Except as otherwise provided in subsections (10) to (15) and section 24, the length of a benefit period is 52 weeks.

  • Marginal note:Prior benefit period

    (3) Subject to a change or cancellation of a benefit period under this section, a benefit period shall not be established for the claimant if a prior benefit period has not ended.

  • Marginal note:Late initial claims

    (4) An initial claim for benefits made after the day when the claimant was first qualified to make the claim shall be regarded as having been made on an earlier day if the claimant shows that the claimant qualified to receive benefits on the earlier day and that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the initial claim was made.

  • Marginal note:Other late claims

    (5) A claim for benefits, other than an initial claim for benefits, made after the time prescribed for making the claim shall be regarded as having been made on an earlier day if the claimant shows that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the claim was made.

  • Marginal note:Exception

    (5.1) A claim for benefits referred to in section 23.1 with respect to a family member shall not be regarded as having been made on an earlier day under subsection (4) or (5) if

    • (a) at the time the claim is made, 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 23.1(4) has already been determined with respect to that family member and the claim 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:Exception

    (5.2) A claim for benefits referred to in section 23.2 with respect to a critically ill child must not be regarded as having been made on an earlier day under subsection (4) or (5) if

    • (a) at the time the claim is made, 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 23.2(3) has already been determined with respect to that child and the claim 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:Exception

    (5.3) A claim for benefits referred to in section 23.3 with respect to a critically ill adult must not be regarded as having been made on an earlier day under subsection (4) or (5) if

    • (a) at the time the claim is made, 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 23.3(3) has already been determined with respect to that adult and the claim 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:Cancelling benefit period

    (6) Once a benefit period has been established for a claimant, the Commission may

    • (a) cancel the benefit period if it has ended and no benefits were paid or payable during the period; or

    • (b) whether or not the period has ended, cancel at the request of the claimant that portion of the benefit period immediately before the first week for which benefits were paid or payable, if the claimant

      • (i) establishes under this Part, as an insured person, a new benefit period beginning the first week for which benefits were paid or payable or establishes, under Part VII.1, as a self-employed person within the meaning of subsection 152.01(1), a new benefit period beginning the first week for which benefits were paid or payable, and

      • (ii) shows that there was good cause for the delay in making the request throughout the period beginning on the day when benefits were first paid or payable and ending on the day when the request for cancellation was made.

  • Marginal note:Effect of cancellation

    (7) A cancelled benefit period or portion of a benefit period is deemed never to have begun.

  • Marginal note:End of benefit period

    (8) A benefit period ends when any of the following first occurs:

    • (a) no further benefits are payable to the claimant in their benefit period, including for the reason that benefits have been paid for the maximum number of weeks for which benefits may be paid under section 12;

    • (b) the benefit period would otherwise end under this section; or

    • (c) [Repealed, 2002, c. 9, s. 12]

    • (d) the claimant

      • (i) requests that their benefit period end,

      • (ii) makes a new initial claim for benefits under this Part or Part VII.1, and

      • (iii) qualifies, as an insured person, to receive benefits under this Part or qualifies, as a self-employed person within the meaning of subsection 152.01(1), to receive benefits under Part VII.1.

  • Marginal note:Late requests

    (9) Whether or not the benefit period has ended, a request under paragraph 8(d) shall be regarded as having been made on an earlier day if the claimant shows that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the request was made.

  • Marginal note:Extension of benefit period

    (10) A claimant’s benefit period is extended by the aggregate of any weeks during the benefit period for which the claimant proves, in such manner as the Commission may direct, that the claimant was not entitled to benefits because the claimant was

    • (a) confined in a jail, penitentiary or other similar institution and was not found guilty of the offence for which the claimant was being held or any other offence arising out of the same transaction;

    • (b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;

    • (c) in receipt of workers’ compensation payments for an illness or injury; or

    • (d) in receipt of payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the claimant, her unborn child or a child whom she was breast-feeding.

  • Marginal note:Further extension of benefit period

    (11) A claimant’s benefit period is extended by the aggregate of any weeks during an extension of a benefit period under subsection (10) for which the claimant proves, in such manner as the Commission may direct, that the claimant was not entitled to benefits because of a reason specified in that subsection.

  • Marginal note:Extension of benefit period — children in hospital

    (12) If the child or children referred to in subsection 23(1) are hospitalized during the period referred to in subsection 23(2), the benefit period is extended by the number of weeks during which the child or children are hospitalized.

  • Marginal note:Extension of benefit period — Canadian Forces

    (12.1) If, during the period referred to in subsection 23(2), the start date of a claimant’s period of parental leave is deferred or a claimant is directed to return to duty from parental leave, in accordance with regulations made under the National Defence Act, the benefit period is extended by the number of weeks during which the claimant’s parental leave is deferred or the claimant is directed to return to duty, as the case may be.

  • Marginal note:Extension of benefit period — special benefits

    (13) If, during a claimant’s benefit period,

    • (a) regular benefits were not paid to the claimant,

    • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f) and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and

    • (c) the maximum total number of weeks established for those reasons is greater than 50,

    the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

  • Marginal note:Extension of benefit period — reason mentioned in paragraph 12(3)(b)

    (13.01) The benefit period is extended by 26 weeks so that benefits may be paid for the reason mentioned in paragraph 12(3)(b) up to the maximum number of weeks if, during a claimant’s benefit period,

    • (a) benefits were paid to the claimant for that reason and the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii);

    • (b) regular benefits were not paid to the claimant; and

    • (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f).

  • Marginal note:Extension of benefit period — regular and special benefits

    (13.02) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6) as determined under subsection 12(7), the benefit period is extended so that benefits may be paid up to that total number of weeks. The extension must not exceed 26 weeks.

  • Marginal note:Limitation

    (13.03) Only the regular benefits and benefits for any of the reasons mentioned in paragraphs 12(3)(a) to (f) that were paid during the claimant’s benefit period before it was extended under subsection (13.02) are payable during that extension.

  • (13.1) to (13.7) [Repealed, 2016, c. 7, s. 211]

  • Marginal note:Maximum extension under subsections (10) to (13.02)

    (14) An extension under one or more of subsections (10) to (13.02) must not result in a benefit period of more than 104 weeks.

  • (14.1) [Repealed, 2016, c. 7, s. 211]

  • Marginal note:Maximum extension under subsection (13)

    (15) Subject to subsection (14), unless the benefit period is also extended under any of subsections (10) to (12.1), an extension under subsection (13) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 12(3) for each of the benefits paid to the claimant for one of the reasons mentioned in paragraphs 12(3)(a) to (f) during the claimant’s benefit period before it was extended under subsection (13).

  • 1996, c. 23, s. 10
  • 2002, c. 9, s. 12
  • 2003, c. 15, s. 16
  • 2009, c. 30, s. 1, c. 33, s. 5
  • 2010, c. 9, s. 2
  • 2012, c. 27, s. 13
  • 2013, c. 35, s. 2
  • 2016, c. 7, s. 211
  • 2017, c. 20, s. 230
 
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