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

Marginal note:Write-off of amounts wrongly paid

• 153.1306 (1) An amount payable under section 43 may be written off by the Commission if

  • (a) the amount does not exceed $100;

  • (b) the debtor is deceased;

  • (c) the debtor is a discharged bankrupt;

  • (d) the debtor is an undischarged bankrupt in respect of whom the final dividend has been paid and the trustee has been discharged;

  • (e) the overpayment does not arise from an error made by the debtor or as a result of a false or misleading declaration or representation made by the debtor, whether the debtor knew it to be false or misleading or not, but arises from

    • (i) a retrospective decision or ruling made under Part IV, or

    • (ii) provision by the Commission of a weekly employment insurance emergency response benefit amount in excess of the amount referred to in subsection 153.10(1); or

  • (f) the Commission considers that, having regard to all the circumstances,

    • (i) the amount is uncollectable,

    • (ii) the repayment of the amount would result in undue hardship to the debtor, or

    • (iii) the administrative costs of collecting the amount would likely equal or exceed the amount to be collected.

• (2) The portion of an amount owing under section 47 in respect of the employment insurance emergency response benefit received before the Commission notifies the debtor of the overpayment may be written off by the Commission if

  • (a) the overpayment does not arise from an error made by the debtor or as a result of a false or misleading declaration or representation made by the debtor, whether the debtor knew it to be false or misleading or not; and

  • (b) the overpayment arises as a result of

    • (i) a delay or error made by the Commission in processing a claim for the employment insurance emergency response benefit,

    • (ii) retrospective control procedures or a retrospective review initiated by the Commission,

    • (iii) an error made on the record of employment by the employer,

    • (iv) an incorrect calculation by the employer of the debtor’s insurable earnings, or

    • (v) an error in insuring the employment or other activity of the debtor.

Marginal note:Adaptation of section 112.1

153.1307 For the purposes of applying paragraph 153.6(1)(d), section 112.1 is adapted as follows:

Marginal note:Decision not reviewable

112.1 A decision of the Commission under section 153.1306 is not subject to review under section 112.

Marginal note:Adaptation of portion of subsection 126(1)

• 153.1308 (1) For the purposes of applying paragraph 153.6(1)(d), the portion of subsection 126(1) before paragraph (a) is adapted as follows:

  Marginal note:Certificates

  • 126 (1) An amount or part of an amount payable under Part I, II, VII.1 or VIII.4 that has not been paid may be certified by the Commission

• Marginal note:Adaptation of subsection 126(2)

  (2) For the purposes of applying paragraph 153.6(1)(d), subsection 126(2) is adapted as follows:

  • Marginal note:Judgments

    (2) On production to the Federal Court, the resulting certificate shall be registered in the Court and when registered has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate.

Marginal note:Adaptation of section 138

153.1309 For the purposes of applying paragraph 153.6(1)(d), section 138 is adapted as follows:

Marginal note:Obligation

138 Every person employed in insurable employment and every self-employed person must have a Social Insurance Number that has been assigned to that person under an Act of Parliament.

Marginal note:Adaptation of subsections 27(1) and (2) of the Employment Insurance Regulations

153.13091 For the purposes of applying paragraph 153.6(1)(e), subsections 27(1) and (2) of the Employment Insurance Regulations are adapted so that the reference to “Part I, VII.1 or VIII” means “Part VIII.4”.

Special Rules

Marginal note:Benefits referred to in paragraph 153.5(3)(a)

153.1310 The following rules apply to a person who made an initial claim for benefits in respect of any of the benefits referred to in paragraph 153.5(3)(a) and who either had, before the coming into force retroactively of this Part, a benefit period established on or after March 15, 2020 with respect to the benefits for which the claim was made, or who would have had, but for the coming into force of this Part on March 15, 2020, a benefit period established on or after that same date with respect to the benefits for which the claim was made:

• (a) the person is deemed to have made a claim for the employment insurance emergency response benefit under section 153.8;

• (b) the rules set out in Part VIII.4 apply to a claim for the employment insurance emergency response benefit, with the exception of the rule requiring that a claim be made in accordance with subsection 153.8(1); and

• (c) the benefits referred to in paragraph 153.5(3)(a) received on or after March 15, 2020 are deemed to be the employment insurance emergency response benefit and, as the case may be,

  • (i) the person is to be paid, for each week for which they receive the benefits referred to in paragraph 153.5(3)(a), an amount of employment insurance emergency response benefit that is equal to the difference between the amount set out in subsection 153.10(1) and the amount of benefits that they received for the week in question, and

  • (ii) each amount of benefits received for a week that exceeds the amount set out in subsection 153.10(1) is deemed to be equal to the amount set out in that subsection and section 44 does not apply to any amount of benefits received for a week that exceeds the amount set out in subsection 153.10(1).

Cessation of Effect

Marginal note:December 31, 2020 or repeal

153.14 A provision of this Part that is added by any of the following Interim Orders or a provision that, under any of those Interim Orders, is an adaptation of a provision of this Act or provides for the non-application of a provision of this Act ceases to apply on the earlier of December 31, 2020 and the day on which the Interim Order that enacted the provision is repealed:

• (a) the Interim Order Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit);

• (b) Interim Order No. 2 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit);

• (c) Interim Order No. 3 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit);

• (d) Interim Order No. 4 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit);

• (e) Interim Order No. 5 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit);

• (f) Interim Order No. 6 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit);

• (g) Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit); and

• (h) Interim Order No. 9 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit).