PART IUnemployment Benefits (continued)
Qualifying for Benefits
Marginal note:Benefits payable to persons who qualify
Marginal note:Qualification requirement
(2) An insured person qualifies if the person
(a) has had an interruption of earnings from employment; and
(b) has had during their qualifying period at least the number of hours of insurable employment set out in the following table in relation to the regional rate of unemployment that applies to the person.
Regional Rate of Unemployment Required Number of Hours of Insurable Employment in Qualifying Period 6% and under 700 more than 6% but not more than 7% 665 more than 7% but not more than 8% 630 more than 8% but not more than 9% 595 more than 9% but not more than 10% 560 more than 10% but not more than 11% 525 more than 11% but not more than 12% 490 more than 12% but not more than 13% 455 more than 13% 420
(3) to (5) [Repealed, 2016, c. 7, s. 209]
Marginal note:Other benefit rights — Canada-U.S. agreement
(6) An insured person is not qualified to receive benefits if it is jointly determined that the insured person must first exhaust or end benefit rights under the laws of another jurisdiction, as provided by Article VI of the Agreement Between Canada and the United States Respecting Unemployment Insurance, signed on March 6 and 12, 1942.
- 1996, c. 23, s. 7;
- 1999, c. 31, s. 75(E);
- 2001, c. 5, s. 4;
- 2009, c. 33, s. 3;
- 2016, c. 7, s. 209.
Marginal note:Increase in required hours
7.1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to the number set out in the following table in relation to the applicable regional rate of unemployment 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 /
very serious /
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
(2) [Repealed, 2016, c. 7, s. 210]
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.
(3) A violation may not be taken into account under subsection (1) 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), subparagraph 152.07(1)(d)(ii) or regulations made under Part VIII, as the case may be.
(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
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
(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.
(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.
- 1996, c. 23, s. 7.1;
- 2009, c. 33, s. 4;
- 2016, c. 7, s. 210.
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