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

Act current to 2019-11-19 and last amended on 2019-06-21. Previous Versions

PART IUnemployment Benefits (continued)

Benefit Period (continued)

Marginal note:Week of unemployment

  •  (1) A week of unemployment for a claimant is a week in which the claimant does not work a full working week.

  • Marginal note:Exception — no duties to perform

    (2) A week during which a claimant’s contract of service continues and in respect of which the claimant receives or will receive their usual remuneration for a full working week is not a week of unemployment, even though the claimant may be excused from performing their normal duties or does not have any duties to perform at that time.

  • Marginal note:Exception — leave with deferred remuneration

    (3) A week or part of a week during a period of leave from employment is not a week of unemployment if the employee

    • (a) takes the period of leave under an agreement with their employer;

    • (b) continues to be an employee of the employer during the period; and

    • (c) receives remuneration that was set aside during a period of work, regardless of when it is paid.

  • Marginal note:Exception — compensatory leave

    (4) An insured person is deemed to have worked a full working week during each week that falls wholly or partly in a period of leave if

    • (a) in each week the insured person regularly works a greater number of hours, days or shifts than are normally worked in a week by persons employed in full-time employment; and

    • (b) the person is entitled to the period of leave under an employment agreement to compensate for the extra time worked.

Payment of Benefits

Marginal note:Benefits

  •  (1) If a benefit period has been established for a claimant, benefits may be paid to the claimant for each week of unemployment that falls in the benefit period, subject to the maximums established by this section.

  • Marginal note:General maximum

    (2) The maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table in Schedule I by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.

  • (2.1) to (2.8) [Repealed, 2016, c. 7, s. 212]

  • Marginal note:Maximum — special benefits

    (3) The maximum number of weeks for which benefits may be paid in a benefit period

    • (a) because of pregnancy is 15;

    • (b) because the claimant is caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is, in accordance with the election under section 23,

    • (c) because of a prescribed illness, injury or quarantine is 15;

    • (d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2) is 26;

    • (e) because the claimant is providing care or support to one or more critically ill children described in subsection 23.2(1), is 35; and

    • (f) because the claimant is providing care or support to one or more critically ill adults described in subsection 23.3(1) is 15.

  • Marginal note:Maximum — special benefits

    (4) The maximum number of weeks for which benefits may be paid

    • (a) for a single pregnancy is 15; and

    • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is,

      • (i) if the maximum number of weeks that has been elected under subsection 23(1.1) is established under subparagraph (3)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 23, 40, or

      • (ii) if the maximum number of weeks that has been elected under subsection 23(1.1) is established under subparagraph (3)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 23, 69.

  • Marginal note:Maximum — parental benefits

    (4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) and a claim is made under section 152.05 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is,

    • (a) if the maximum number of weeks that has been elected under subsection 23(1.1) is established under subparagraph (3)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 23, 40; or

    • (b) if the maximum number of weeks that has been elected under subsection 23(1.1) is established under subparagraph (3)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 23, 69.

  • Marginal note:Maximum — compassionate care benefits

    (4.1) Even if more than one claim is made under this Act, at least one of which is made under section 23.1 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.1 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.1(4)(a).

  • Marginal note:Shorter period

    (4.2) If a shorter period is prescribed for the purposes of subsection 23.1(5), then that shorter period applies for the purposes of subsection (4.1).

  • Marginal note:Expiration of shorter period

    (4.3) When a shorter period referred to in subsection (4.2) has expired in respect of a family member, no further benefits are payable under section 23.1 in respect of that family member until the minimum prescribed number of weeks has elapsed.

  • Marginal note:Maximum — critically ill child

    (4.4) Even if more than one claim is made under this Act, at least one of which is made under section 23.2 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.2 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.2(3)(a).

  • Marginal note:Maximum — critically ill adult

    (4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.3 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.3 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.3(3)(a).

  • Marginal note:Combined weeks of benefits

    (5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period is extended under subsection 10(13), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 10(15) less two weeks.

  • Marginal note:Combined weeks of benefits

    (6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsections (2) and (3), but the total number of weeks of benefits shall not exceed 50.

  • Marginal note:Determination — total number of weeks

    (7) For the purpose of determining whether the total number of weeks of benefits established under subsection (6) has been reached, in the case where benefits have been paid for the reason mentioned in paragraph 12(3)(b) and the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii),

    • (a) the number of weeks of benefits that were paid for the reason mentioned in paragraph 12(3)(b) is converted to the number of weeks of benefits that would have been paid at a rate of weekly benefits of 55%, as set out in the table in Schedule IV; and

    • (b) other than the weeks referred to in subsections 10(10) to (12.1) in respect of which the benefit period is extended and the week referred to in section 13, the weeks for which no benefits were paid are deemed to be weeks for which benefits were paid at a rate of weekly benefits of 55%.

  • Marginal note: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.

  • 1996, c. 23, s. 12
  • 2000, c. 14, s. 3
  • 2002, c. 9, s. 13
  • 2003, c. 15, s. 17
  • 2009, c. 30, s. 2, c. 33, s. 6
  • 2012, c. 27, s. 14
  • 2015, c. 36, s. 74
  • 2016, c. 7, s. 212
  • 2017, c. 20, s. 231
  • 2018, c. 27, s. 303
 
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