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

Act current to 2022-01-12 and last amended on 2021-09-26. Previous Versions

PART VIII.5Temporary Measures to Facilitate Access to Benefits

Definitions

Marginal note:Definitions

 The following definitions apply in this Part.

initial claim for benefits

initial claim for benefits has the same meaning as in subsection 6(1). (demande initiale de prestations)

qualifying period

qualifying period in respect of benefits under Part I, has the same meaning as in subsection 6(1). (période de référence)

waiting period

waiting period has

  • (a) in respect of benefits under Part I or VIII, the same meaning as in subsection 6(1); and

  • (b) in respect of benefits under Part VII.1, the same meaning as in subsection 152.01(1). (délai de carence)

Rate of Unemployment

Marginal note:Rate of 13.1%

 Despite section 17 of the Employment Insurance Regulations, if the later of the weeks referred to in subsection 10(1) begins during the period beginning on September 27, 2020 and ending on September 25, 2021, the regional rate of unemployment that applies to the claimant is 13.1%, if that rate is greater than the rate that would otherwise apply to them.

Availability

Marginal note:Course, program of instruction or non-referred training

  •  (1) For the purposes of applying paragraph 18(1)(a), a claimant who attends a course, program of instruction or training to which the claimant is not referred under paragraphs 25(1)(a) or (b) is not entitled to be paid benefits for any working day in a benefit period for which the claimant is unable to prove that on that day they were capable of and available for work.

  • Marginal note:Verification

    (2) The Commission may, at any point after benefits are paid to a claimant, verify that the claimant referred to in subsection (1) is entitled to those benefits by requiring proof that they were capable of and available for work on any working day of their benefit period.

Increase in Hours of Insurable Employment

Marginal note:Benefits under Part I

  •  (1) A claimant who makes an initial claim for benefits under Part I on or after September 27, 2020 or in relation to an interruption of earnings that occurs on or after that date is deemed to have in their qualifying period

    • (a) if the initial claim is in respect of benefits referred to in any of sections 21 to 23.3, an additional 480 hours of insurable employment; and

    • (b) in any other case, an additional 300 hours of insurable employment.

  • Marginal note:Limitation

    (2) Subsection (1) does not apply to a claimant who has already had the number of insurable hours in their qualifying period increased under that subsection or under this section as it read on September 26, 2020, if a benefit period was established in relation to that qualifying period.

Marginal note:Benefits

 A claimant who qualifies to receive benefits under section 7 and who received the additional 300 hours of insurable employment under paragraph 153.17(1)(b) may make a claim for benefits under sections 21 to 23.3, even if they are not a major attachment claimant as defined in subsection 6(1).

Marginal note:Fishing

 A claimant for whom, before the coming into force of section 153.17, a benefit period could have been established under section 8 of the Employment Insurance (Fishing) Regulations may make a request under section 112 in order to receive benefits under those Regulations rather than under section 7.

Extension of Qualifying Period

Marginal note:Recipients of emergency response benefit

  •  (1) A qualifying period mentioned in paragraph 8(1)(a) is extended by 28 weeks if the claimant

    • (a) makes the initial claim for benefits on or after September 27, 2020 or in relation to an interruption of earnings that occurs on or after that date; and

    • (b) received, during the period mentioned in that paragraph, an employment insurance emergency response benefit referred to in subsection 153.7(1) or an income support payment under the Canada Emergency Response Benefit Act.

  • Marginal note:Limitation

    (2) Subsection (1) does not apply to a claimant who has already had a qualifying period extended under that subsection or under this section as it read on August 29, 2020 or September 26, 2020.

Benefit Period

Marginal note:Late claims

 For the purposes of subsections 10(4) and (5), the fact that, but for sections 153.17 and 153.18 as they read on August 29, 2020, the claimant would not have qualified to receive benefits referred to in any of sections 22 to 24 is good cause for a delay in making a claim for those benefits.

Waiting Period

Marginal note:Waiver

  •  (1) Despite sections 13 and 152.15, a claimant need not serve a waiting period if the claim is in respect of benefits under Part I, VII.1 or VIII and the benefit period begins on or before October 25, 2020.

  • Marginal note:Suspension of waiting period

    (1.1) Despite sections 13 and 152.15, a claimant who receives benefits under section 21 or 152.03 need not serve a waiting period.

  • Marginal note:Exception

    (2) The claimant may nonetheless serve the waiting period if they are entitled to receive a payment referred to in subsection 37(1) or 38(1) of the Employment Insurance Regulations during that period.

  • Marginal note:Non-application

    (3) Subsections 40(6) and 40.1(2) of the Employment Insurance Regulations do not apply to any waiting period to which subsection (1) applies.

Rate of Benefits

Marginal note:Weekly insurable earnings

  •  (1) Despite subsection 14(2), the weekly insurable earnings of a claimant whose benefit period begins on or after September 27, 2020 are deemed to be the greater of

    • (a) the claimant’s insurable earnings in the calculation period referred to in subsection 14(4), divided by the number of weeks in that period in which they had insurable earnings, and

    • (b) $909.

  • Marginal note:Self-employed persons

    (2) Despite subsection 152.16(1), if a self-employed person’s benefit period begins on or after September 27, 2020 and the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52 is less than $909, the result is deemed to be $909.

  • Marginal note:Fishers

    (3) Despite paragraph 8.1(a) of the Employment Insurance (Fishing) Regulations, the weekly insurable earnings of a fisher whose benefit period begins on or after September 27, 2020 are deemed to be the greater of the amount determined under that paragraph and $909.

Medical Certificate

Marginal note:Suspension of medical certificate requirement — Employment Insurance Regulations

  •  (1) For the purpose of applying subsection 40(1) of the Employment Insurance Regulations, the requirement for a claimant to provide a medical certificate to the Commission completed by a medical doctor or other medical professional is suspended, unless otherwise indicated by the Commission.

  • Marginal note:Suspension of medical certificate requirement — special benefits

    (2) For the purpose of applying any of sections 23.1, 23.2, 23.3 and 152.06 to 152.062, the Commission may suspend the requirement for a claimant to provide a medical certificate completed by a medical doctor or other medical professional.

Employment Insurance (Fishing) Regulations

Marginal note:Eligibility

 A fisher who does not meet the conditions under paragraph 8(2)(b) or (7)(b) of the Employment Insurance (Fishing) Regulations may receive benefits under section 8.1 of those Regulations if the fisher has received such benefits during any of the periods referred to in subparagraph 153.1923(1)(a)(ii) or (iii) or (b)(ii) or (iii).

Marginal note:Determined earnings

  •  (1) The rate of weekly benefits under section 8.1 of the Employment Insurance (Fishing) Regulations shall be calculated using the highest of the following earnings:

    • (a) in the case of an initial claim for benefits under subsection 8(1) of those Regulations,

      • (i) if applicable, the earnings that would be used to calculate the fisher’s rate of weekly benefits,

      • (ii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(1) of those Regulations during the period beginning on September 29, 2019 and ending on June 20, 2020, and

      • (iii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(1) of those Regulations during the period beginning on September 30, 2018 and ending on June 15, 2019; and

    • (b) in the case of an initial claim for benefits made on or after March 28, 2021 under subsection 8(6) of those Regulations,

      • (i) if applicable, the earnings that would be used to calculate the fisher’s rate of weekly benefits,

      • (ii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(6) of those Regulations during the period beginning on March 29, 2020 and ending on December 19, 2020, and

      • (iii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(6) of those Regulations during the period beginning on March 31, 2019 and ending on December 21, 2019.

  • Marginal note:Benefit period

    (2) A fisher may have a benefit period established once under paragraph (1)(a) and once under paragraph (1)(b).

Marginal note:Qualifying period

 For the purposes of the Employment Insurance (Fishing) Regulations, the earnings determined under subsection 153.1923(1) are the insurable earnings for the qualifying period.

Marginal note:Access to special benefits

 Despite subsection 12(1) of the Employment Insurance (Fishing) Regulations, an insured person who is not qualified to receive benefits under section 7 and who is claiming special benefits qualifies to receive the special benefits if the person has at least $2,500 of insurable earnings from employment as a fisher in their qualifying period.

Deductions from Benefits

Marginal note:Exclusions from earnings

 The following are to be excluded from the earnings referred to in section 35 of the Employment Insurance Regulations:

  • (a) any pay or earnings referred to in subsection 36(8), (9) or (19) of those Regulations if

    • (i) the claimant’s benefit period begins on or after September 27, 2020, or

    • (ii) the pay or earnings are declared to the Commission on or after September 27, 2020 and would otherwise have been allocated under section 36 of those Regulations to a week beginning on or after September 27, 2020; and

  • (b) any of the following portions of payments that are paid to a claimant as an insured person for the first week for which benefits are payable, if their waiting period has been waived under subsection 153.191(1):

    • (i) the portion of any payments referred to in subsection 37(1) of those Regulations that does not exceed 95% of the claimant’s normal weekly earnings from the employment to which the payments relate, and

    • (ii) despite paragraph 38(1)(a) of those Regulations, the portion of any payments referred to in subsection 38(1) of those Regulations that does not exceed the claimant’s normal weekly earnings from the employment to which the payments relate.

 
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