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)

Payment of Benefits (continued)

Marginal note:Waiting period

 A claimant is not entitled to be paid benefits in a benefit period until, after the beginning of the benefit period, the claimant has served a waiting period of one week of unemployment for which benefits would otherwise be payable.

  • 1996, c. 23, s. 13
  • 2016, c. 7, s. 213

Marginal note:Presumption

  •  (1) For the purpose of determining a claimant’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week not the waiting period — the amount of the benefits that would have been payable in that week after deducting the following would be greater than zero:

    • (a) the amount of the earnings, if any, that is greater than $50, if the claimant’s rate of weekly benefits is less than $200; or

    • (b) the amount of the earnings, if any, that is greater than 25% of the claimant’s rate of weekly benefits, if that rate is $200 or more.

  • Marginal note:References

    (2) For the purpose of subsection (1),

    • (a) in determining the amount of the benefits that would have been payable, the deduction referred to in subsection 19(2) is to be excluded; and

    • (b) a reference to earnings means earnings as determined for the purpose of subsection 19(2).

  • 2018, c. 12, s. 284

Rate of Benefits

Marginal note:Rate of weekly benefits

  •  (1) The rate of weekly benefits payable to a claimant is 55% of their weekly insurable earnings, or 33% of their weekly insurable earnings for the weeks for which the claimant is paid benefits under section 23 in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii).

  • Marginal note:Maximum weekly insurable earnings

    (1.1) The maximum weekly insurable earnings is

    • (a) $750 if the claimant’s benefit period begins during the years 1997 to 2000; and

    • (b) if the claimant’s benefit period begins in a subsequent year, the maximum yearly insurable earnings divided by 52.

  • Marginal note:Weekly insurable earnings

    (2) A claimant’s weekly insurable earnings are their insurable earnings in the calculation period divided by the number of weeks determined in accordance with the following table by reference to the applicable regional rate of unemployment.

    TABLE

    Regional Rate of UnemploymentNumber of Weeks
    not more than 6%22
    more than 6% but not more than 7%21
    more than 7% but not more than 8%20
    more than 8% but not more than 9%19
    more than 9% but not more than 10%18
    more than 10% but not more than 11%17
    more than 11% but not more than 12%16
    more than 12% but not more than 13%15
    more than 13%14
  • Marginal note:Insurable earnings

    (3) Insurable earnings in the calculation period are equal to the total of the following amounts established and calculated in accordance with the regulations:

    • (a) the claimant’s insurable earnings during the calculation period including those from insurable employment that has not ended but not including any insurable earnings paid or payable to the claimant by reason of lay-off or separation from employment in the qualifying period; and

    • (b) the insurable earnings paid or payable to the claimant, during the qualifying period, by reason of lay-off or separation from employment.

  • Marginal note:Calculation period

    (4) The calculation period of a claimant is the number of weeks, whether consecutive or not, determined in accordance with the table set out in subsection (2) by reference to the applicable regional rate of unemployment, in the claimant’s qualifying period for which he or she received the highest insurable earnings.

  • (4.1) [Repealed, 2012, c. 19, s. 604]

  • 1996, c. 23, s. 14
  • 2012, c. 19, s. 604
  • 2017, c. 20, s. 232

 [Repealed, 2001, c. 5, s. 5]

Marginal note:Rate increase — family supplement

  •  (1) The rate of weekly benefits of a claimant who has one or more dependent children shall be increased by the amount of a family supplement determined in accordance with the regulations if the claimant establishes, in such manner as the Commission may direct, that the claimant meets the prescribed low-income family eligibility criteria.

  • Marginal note:Criteria

    (2) The criteria for low-income family eligibility may include criteria that are the same as or similar to the criteria for receiving a Canada child benefit.

  • Marginal note:Canada child benefit

    (3) For the purposes of subsection (2), a Canada child benefit is a deemed overpayment under subdivision a.1 of Division E of Part I of the Income Tax Act.

  • Marginal note:Maximum increase

    (4) The amount of the increase in the claimant’s rate of weekly benefits shall not exceed the prescribed percentage of the claimant’s weekly insurable earnings or, if no percentage is prescribed, 25%.

  • 1996, c. 23, s. 16
  • 2016, c. 12, s. 86

Marginal note:Maximum rate of weekly benefits

 The maximum rate of weekly benefits is 55 % of the maximum yearly insurable earnings divided by 52.

  • 1996, c. 23, s. 17
  • 2001, c. 5, s. 6

Disentitlement to Benefits

Marginal note:Availability for work, etc.

  •  (1) A claimant is not entitled to be paid benefits for a working day in a benefit period for which the claimant fails to prove that on that day the claimant was

    • (a) capable of and available for work and unable to obtain suitable employment;

    • (b) unable to work because of a prescribed illness, injury or quarantine, and that the claimant would otherwise be available for work; or

    • (c) engaged in jury service.

  • Marginal note:Exception

    (2) A claimant to whom benefits are payable under any of sections 23 to 23.3 is not disentitled under paragraph (1)(b) for failing to prove that he or she would have been available for work were it not for the illness, injury or quarantine.

  • 1996, c. 23, s. 18
  • 2012, c. 27, s. 15
  • 2014, c. 20, s. 247
  • 2017, c. 20, s. 233

Deductions from Benefits

Marginal note:Earnings in waiting period

  •  (1) If a claimant has earnings during their waiting period, an amount not exceeding those earnings shall, as prescribed, be deducted from the benefits payable for the first three weeks for which benefits are otherwise payable.

  • Marginal note:Earnings in periods of unemployment

    (2) Subject to subsections (3), (4), 21(3) and 22(5), if the claimant has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount equal to the total of

    • (a) 50% of the earnings that are less than or equivalent to 90% of the claimant’s weekly insurable earnings, and

    • (b) 100% of the earnings that are greater than 90% of the claimant’s weekly insurable earnings.

  • Marginal note:Undeclared earnings

    (3) If the claimant has failed to declare all or some of their earnings to the Commission for a period, determined under the regulations, for which benefits were claimed,

    • (a) the following amount shall be deducted from the benefits paid to the claimant for that period:

      • (i) the amount of the undeclared earnings, if, in the opinion of the Commission, the claimant knowingly failed to declare the earnings, or

      • (ii) in any other case, the amount of the undeclared earnings less the difference between

        • (A) all amounts determined under paragraph (2)(a) or (b) for the period,

        and

        • (B) all amounts that were applied under those paragraphs in respect of the declared earnings for the period; and

    • (b) the deduction shall be made

      • (i) from the benefits paid for a number of weeks that begins with the first week for which the earnings were not declared in that period, and

      • (ii) in such a manner that the amount deducted in each consecutive week equals the claimant’s benefits paid for that week.

  • Marginal note:Earnings and allowances from employment benefits, courses and programs

    (4) Earnings from employment under employment benefits and earnings or allowances payable to a claimant for attending a course or program of instruction or training shall not be deducted under this section except in accordance with the regulations.

  • 1996, c. 23, s. 19
  • 2018, c. 12, s. 285
 
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