Employment Insurance Act

Marginal note:Increase in required hours

• 7.1 (1) The number of hours that an insured person, other than a new entrant or re-entrant to the labour force, requires under section 7 to qualify for benefits is increased to the number provided in the following table if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefit.

  Regional Rate of Unemployment / Taux régional de chômage	Violation
  	minor / mineure	serious / grave	very serious / très grave	subsequent / subséquente
  6% and under/ 6 % et moins	875	1050	1225	1400
  more than 6% but not more than 7%/ plus de 6 % mais au plus 7 %	831	998	1164	1330
  more than 7% but not more than 8%/ plus de 7 % mais au plus 8 %	788	945	1103	1260
  more than 8% but not more than 9%/ plus de 8 % mais au plus 9 %	744	893	1041	1190
  more than 9% but not more than 10%/ plus de 9 % mais au plus 10 %	700	840	980	1120
  more than 10% but not more than 11%/ plus de 10 % mais au plus 11 %	656	788	919	1050
  more than 11% but not more than 12%/ plus de 11 % mais au plus 12 %	613	735	858	980
  more than 12% but not more than 13%/ plus de 12 % mais au plus 13 %	569	683	796	910
  more than 13%/ plus de 13 %	525	630	735	840

• Marginal note:New entrants and re-entrants to the labour force

  (2) The number of hours that an insured person who is a new entrant or re-entrant to the labour force requires under section 7 to qualify for benefits is increased if, in the 260 weeks before making their initial claim for benefit, the person accumulates

  • (a) a minor violation, in which case the number of required hours is increased to 1,138 hours;

  • (b) a serious violation, in which case the number of required hours is increased to 1,365 hours; or

  • (c) a very serious violation, in which case the number of required hours is increased to 1,400 hours.

• Marginal note:Deemed violation

  (2.1) A violation accumulated by an individual under section 152.07 is deemed to be a violation accumulated by the individual under this section on the day on which the notice of violation was given to the individual.

• Marginal note:Limitation

  (3) A violation may not be taken into account under subsection (1) or (2) in more than two initial claims for benefits under this Act by an individual if the individual who accumulated the violation qualified for benefits in each of those two initial claims, taking into account subsection (1) or (2), subparagraph 152.07(1)(d)(ii) or regulations made under Part VIII, as the case may be.

• Marginal note:Violations

  (4) An insured person accumulates a violation if in any of the following circumstances the Commission issues a notice of violation to the person:

  • (a) one or more penalties are imposed on the person under section 38, 39, 41.1 or 65.1, as a result of acts or omissions mentioned in section 38, 39 or 65.1;

  • (b) the person is found guilty of one or more offences under section 135 or 136 as a result of acts or omissions mentioned in those sections; or

  • (c) the person is found guilty of one or more offences under the Criminal Code as a result of acts or omissions relating to the application of this Act.

• Marginal note:Classification of violations

  (5) Except for violations for which a warning was imposed, each violation is classified as a minor, serious, very serious or subsequent violation as follows:

  • (a) if the value of the violation is

    • (i) less than $1,000, it is a minor violation,

    • (ii) $1,000 or more, but less than $5,000, it is a serious violation, or

    • (iii) $5,000 or more, it is a very serious violation; and

  • (b) if the notice of violation is issued within 260 weeks after the person accumulates another violation, it is a subsequent violation, even if the acts or omissions on which it is based occurred before the person accumulated the other violation.

• Marginal note:Value of violations

  (6) The value of a violation is the total of

  • (a) the amount of the overpayment of benefits resulting from the acts or omissions on which the violation is based, and

  • (b) if the claimant is disqualified or disentitled from receiving benefits, or the act or omission on which the violation is based relates to qualification requirements under section 7, the amount determined, subject to subsection (7), by multiplying the claimant’s weekly rate of benefit by the average number of weeks of regular benefits, as determined under the regulations.

• Marginal note:Maximum

  (7) The maximum amount to be determined under paragraph (6)(b) is the amount of benefits that could have been paid to the claimant if the claimant had not been disentitled or disqualified or had met the qualification requirements under section 7.