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

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

PART IUnemployment Benefits (continued)

Special Benefits (continued)

Marginal note:Benefits — critically ill adult

  •  (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

    • (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and

    • (b) sets out the period during which the adult requires that care or support.

  • Marginal note:Medical practitioner

    (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

  • Marginal note:Weeks for which benefits may be paid

    (3) Subject to section 12, benefits under this section are payable for each week of unemployment in the period

    • (a) that begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of the adult that meets the requirements of subsection (1) and is filed with the Commission, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the adult is critically ill; and

    • (b) that ends on the last day of the week in which any of the following occurs:

      • (i) all benefits payable under this section in respect of the adult are exhausted,

      • (ii) the adult dies, or

      • (iii) the expiry of the 52 weeks following the first day of the week referred to in paragraph (a).

  • Marginal note:Exception

    (4) Subparagraph (3)(a)(ii) does not apply to a claim if

    • (a) at the time the certificate is filed with the Commission, 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 (3) has already been determined and the filing of the certificate with the Commission 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:Deferral of waiting period

    (5) A claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if

    • (a) another claimant has made a claim for benefits under this section or section 152.062 in respect of the same adult during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

    • (b) another claimant is making a claim for benefits under this section or section 152.062 in respect of the same adult at the same time as the claimant and that other claimant elects to serve their waiting period; or

    • (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.062 in respect of the same adult, meets the prescribed requirements.

  • Marginal note:Division of weeks of benefits

    (6) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.062 in respect of the same adult, any remaining weeks of benefits payable under this section, under section 152.062 or under both those sections, up to a maximum of 15 weeks, may be divided in the manner agreed to by those claimants. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum divisible number of weeks

    (7) For greater certainty, if, in respect of the same adult, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.062, the total number of weeks of benefits payable under this section and section 152.062 that may be divided between them must not exceed 15 weeks.

  • Marginal note:Limitation — compassionate care benefits

    (8) Benefits under section 23.1 or 152.06 are not payable in respect of an adult during the period referred to in subsection (3) or 152.062(3) that is established in respect of that adult.

  • Marginal note:Limitation

    (9) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.

  • 2017, c. 20, s. 238

Work-Sharing

Marginal note:Regulations for work-sharing benefits

  •  (1) The Commission may, with the approval of the Governor in Council, make regulations providing for the payment of work-sharing benefits to claimants who are qualified to receive benefits under this Act and are employed under a work-sharing agreement that has been approved for the purposes of this section by special or general direction of the Commission, including regulations

    • (a) defining and determining the nature of work-sharing employment for which benefits may be paid;

    • (b) prescribing the maximum number of weeks for which benefits may be paid;

    • (c) prescribing the method of paying benefits;

    • (d) prescribing the rate of weekly benefits;

    • (e) providing a method for setting the amount that is the weekly insurable earnings of a claimant employed in work-sharing employment for the purposes of section 14;

    • (f) prescribing the manner of treating, for benefit purposes, earnings received from the claimant’s employer or from other sources;

    • (g) providing for the extension of a claimant’s qualifying period or benefit period for a number of weeks not exceeding the number of weeks of work-sharing employment;

    • (h) deferring service by a claimant of all or any part of their waiting period until their work-sharing employment has ended; and

    • (i) providing for any other matters necessary to carry out the purposes and provisions of this section.

  • Marginal note:No appeal

    (2) A special or general direction of the Commission approving or disapproving a work sharing agreement for the purposes of subsection (1) is not subject to review under section 112.

  • Marginal note:Presumption

    (3) For the purposes of this Part, a claimant is unemployed and capable of and available for work during a week when the claimant works in work-sharing employment.

  • 1996, c. 23, s. 24
  • 2012, c. 19, s. 241

Courses, Programs and Employment Benefits

Marginal note:Status of claimants

  •  (1) For the purposes of this Part, a claimant is unemployed and capable of and available for work during a period when the claimant is

    • (a) attending a course or program of instruction or training at the claimant’s own expense, or under employment benefits or similar benefits that are the subject of an agreement under section 63, to which the Commission, or an authority that the Commission designates, has referred the claimant; or

    • (b) participating in any other employment activity

      • (i) for which assistance has been provided for the claimant under prescribed employment benefits or benefits that are the subject of an agreement under section 63 and are similar to the prescribed employment benefits, and

      • (ii) to which the Commission, or an authority that the Commission designates, has referred the claimant.

  • Marginal note:No appeal

    (2) A decision of the Commission about the referral of a claimant to a course, program or other employment activity mentioned in subsection (1) is not subject to review under section 112.

  • 1996, c. 23, s. 25
  • 1997, c. 26, s. 88
  • 1999, c. 31, s. 76(F)
  • 2012, c. 19, s. 242

Marginal note:Benefits are not earnings

 For the purposes of this Part, Part IV, the Income Tax Act and the Canada Pension Plan, benefits paid to a claimant while employed under employment benefits, or under similar benefits that are the subject of an agreement under section 63, are not earnings from employment.

  • 1996, c. 23, s. 26
  • 1997, c. 26, s. 89
 
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