Employment Insurance Act

Marginal note:Qualifying period

• 8 (1) Subject to subsections (2) to (7), the qualifying period of an insured person is the shorter of

  • (a) the 52-week period immediately before the beginning of a benefit period under subsection 10(1), and

  • (b) the period that begins on the first day of an immediately preceding benefit period and ends with the end of the week before the beginning of a benefit period under subsection 10(1).

• Marginal note:Extension of qualifying period

  (2) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that throughout the week the person was not employed in insurable employment because the person was

  • (a) incapable of work because of a prescribed illness, injury, quarantine or pregnancy;

  • (b) confined in a jail, penitentiary or other similar institution and was not found guilty of the offence for which the person was being held or any other offence arising out of the same transaction;

  • (c) receiving assistance under employment benefits; or

  • (d) receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the person, her unborn child or a child whom she was breast-feeding.

• Marginal note:Extension resulting from severance payments

  (3) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that

  • (a) earnings paid because of the complete severance of their relationship with their former employer have been allocated to weeks in accordance with the regulations; and

  • (b) the allocation has prevented them from establishing an interruption of earnings.

• Marginal note:Further extension of qualifying period

  (4) A qualifying period is further extended by the aggregate of any weeks during an extension for which the person proves, in such manner as the Commission may direct, that

  • (a) in the case of an extension under subsection (2), the person was not employed in insurable employment because of a reason specified in that subsection; or

  • (b) in the case of an extension under subsection (3), the person had earnings paid to them because of the complete severance of their relationship with their former employer.

• Marginal note:Period not counted if benefits received

  (5) For the purposes of subsections (2) to (4), a week during which the person was in receipt of benefits does not count.

• Marginal note:Period not counted if insurable employment

  (6) For the purposes of subsection (3) and paragraph (4)(b), a week during which the person was employed in insurable employment does not count.

• Marginal note:Maximum extension of qualifying period

  (7) No extension under any of subsections (2) to (4) may result in a qualifying period of more than 104 weeks.