Employment Insurance Act

Version of section 19 from 2003-01-01 to 2018-08-11:


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) and (4), if the claimant has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount, if any, of the earnings that exceeds

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

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

  • 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.

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