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

Act current to 2021-02-15 and last amended on 2020-09-27. Previous Versions

Marginal note:Definitions

  •  (1) In this Part,

    disentitled

    disentitled means not entitled under section 13, 18, 21, 31, 32, 33, 36, 37, 49 or 50 or under the regulations; (inadmissible)

    disqualified

    disqualified means disqualified under section 27 or 30; (exclu du bénéfice des prestations)

    initial claim for benefits

    initial claim for benefits means a claim made for the purpose of establishing a claimant’s benefit period; (demande initiale de prestations)

    major attachment claimant

    major attachment claimant means a claimant who qualifies to receive benefits and has 600 or more hours of insurable employment in their qualifying period; (prestataire de la première catégorie)

    minor attachment claimant

    minor attachment claimant means a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable employment in their qualifying period; (prestataire de la deuxième catégorie)

    qualifying period

    qualifying period means the period described in section 8; (période de référence)

    waiting period

    waiting period means the one week of the benefit period described in section 13. (délai de carence)

  • Marginal note:Rounding off percentages or fractions

    (2) A reference in this Part to an amount equal to a percentage or fraction of earnings or benefits in a period shall be rounded to the nearest multiple of one dollar or, if the amount is equidistant from two multiples of one dollar, to the higher multiple.

  • Marginal note:Hours of insurable employment

    (3) For the purposes of this Part, the number of hours of insurable employment that a claimant has in any period shall be established as provided under section 55, subject to any regulations made under paragraph 54(z.1) allocating the hours to the claimant’s qualifying period.

  • Marginal note:Employment not suitable

    (4) For the purposes of paragraphs 18(1)(a) and 27(1)(a) to (c) and subsection 50(8), employment is not suitable employment for a claimant if

    • (a) it arises in consequence of a work stoppage attributable to a labour dispute;

    • (b) it is in the claimant’s usual occupation and is either at a lower rate of earnings or on conditions less favourable than those observed by agreement between employers and employees or, in the absence of any such agreement, than those recognized by good employers; or

    • (c) it is not in the claimant’s usual occupation and is either at a lower rate of earnings or on conditions less favourable than those that the claimant might reasonably expect to obtain, having regard to the conditions that the claimant usually obtained in their usual occupation, or would have obtained if they had continued to be so employed.

  • Marginal note:Reasonable interval

    (5) After a lapse of a reasonable interval from the date on which an insured person becomes unemployed, paragraph (4)(c) does not apply to the employment described in that paragraph if it is employment at a rate of earnings not lower and on conditions not less favourable than those observed by agreement between employers and employees or, in the absence of any such agreement, than those recognized by good employers.

  • 1996, c. 23, s. 6
  • 2000, c. 14, s. 2
  • 2016, c. 7, s. 208, c. 12, s. 101
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