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

Act current to 2019-05-22 and last amended on 2019-03-17. Previous Versions

PART VII.1Benefits For Self-Employed Persons (continued)

Benefit Period (continued)

Marginal note:Notification

 On receiving an initial claim for benefits, the Commission shall decide whether the self-employed person is qualified to receive benefits and notify the person of its decision.

  • 2009, c. 33, s. 16

Payment of Benefits

Marginal note:Benefits

 If a benefit period has been established for a self-employed person, benefits may be paid to the person for each week of unemployment that falls in the benefit period, subject to the maximums established by section 152.14.

  • 2009, c. 33, s. 16

Marginal note:Maximum number of weeks

  •  (1) The maximum number of weeks for which benefits under this Part may be paid in a benefit period to a self-employed person

    • (a) because of pregnancy is 15;

    • (b) because the self-employed person is caring for one or more new-born children of the self-employed person, or one or more children placed with the self-employed person for the purpose of adoption is, in accordance with the election under section 152.05,

    • (c) because of a prescribed illness, injury or quarantine is 15;

    • (d) because the person is providing care or support to one or more family members described in subsection 152.06(1) is 26;

    • (e) because the self-employed person is providing care or support to one or more critically ill children described in subsection 152.061(1), is 35; and

    • (f) because the self-employed person is providing care or support to one or more critically ill adults described in subsection 152.062(1) is 15.

  • Marginal note:Maximum — single pregnancy or placement

    (2) The maximum number of weeks for which benefits under this Part may be paid

    • (a) for a single pregnancy is 15; and

    • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is,

      • (i) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 40, or

      • (ii) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 69.

  • Marginal note:Adoption

    (3) For the purposes of this Part, the placement with a self-employed person, at the same or substantially the same time, of two or more children for the purpose of adoption is to be regarded as a single placement of a child or children for the purpose of adoption.

  • Marginal note:Maximum — parental benefits

    (4) If a claim is made under this Part in respect of a child or children referred to in paragraph (2)(b) and a claim is made under section 23 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is,

    • (a) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 40; or

    • (b) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 69.

  • Marginal note:Maximum — compassionate care benefits

    (5) Even if more than one claim is made under this Act, at least one of which is made under section 152.06 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.06 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).

  • Marginal note:Maximum — critically ill child

    (5.1) Even if more than one claim is made under this Act, at least one of which is made under section 152.061 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.061 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(3)(a).

  • Marginal note:Maximum — critically ill adult

    (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.062 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.062 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.062(3)(a).

  • Marginal note:Shorter period

    (6) If a shorter period is prescribed for the purposes of subsection 152.06(4), then that shorter period applies for the purposes of subsection (5).

  • Marginal note:Expiry of shorter period

    (7) When a shorter period referred to in subsection (6) has expired in respect of a family member, no further benefits are payable under section 152.06 in respect of that family member until the minimum prescribed number of weeks has elapsed.

  • Marginal note:Combined weeks of benefits

    (8) In a self-employed person’s benefit period, the self-employed person may, subject to the applicable maximums, combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (1), but the maximum number of combined weeks is 50. However, if the benefit period is extended under subsection 152.11(14), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 152.11(16) less two weeks.

  • 2009, c. 33, s. 16
  • 2012, c. 27, s. 25
  • 2015, c. 36, s. 78
  • 2017, c. 20, s. 251
  • 2018, c. 27, s. 306

Marginal note:Waiting period

 A self-employed person is not entitled to be paid benefits in a benefit period until, after the beginning of the benefit period, the person has served a waiting period of one week of unemployment for which benefits would otherwise be payable.

  • 2009, c. 33, s. 16
  • 2016, c. 7, s. 221

Marginal note:Presumption

  •  (1) For the purpose of determining a self-employed person’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week not the waiting period — the amount of the benefits that would have been payable in that week after deducting the following would be greater than zero:

    • (a) the amount of the earnings, if any, that is greater than $50, if the person’s rate of weekly benefits is less than $200; or

    • (b) the amount of the earnings, if any, that is greater than 25% of the person’s rate of weekly benefits, if that rate is $200 or more.

  • Marginal note:References

    (2) For the purpose of subsection (1),

    • (a) in determining the amount of the benefits that would have been payable, the deduction referred to in subsection 152.18(2) is to be excluded; and

    • (b) a reference to earnings means earnings as determined for the purpose of subsection 152.18(2).

  • 2018, c. 12, s. 290

Marginal note:Rate of weekly benefits

  •  (1) The rate of weekly benefits payable to a self-employed person is 55% — or 33% for the weeks for which the self-employed person is paid benefits under section 152.05 in the case where the applicable maximum number of weeks is established in subparagraph 152.14(1)(b)(ii) — of the result obtained by dividing the aggregate of the amounts referred to in the following paragraphs (a) and (b) by 52:

    • (a) the amount of their self-employed earnings, determined under paragraph 152.01(2)(a), (b) or (c), as the case may be, for their qualifying period; and

    • (b) if they had insurable earnings from employment, including insurable earnings earned as a person to whom regulations made under Part VIII apply, for their qualifying period, the amount of those insurable earnings for that period, calculated without taking into account prescribed insurable earnings.

  • Marginal note:Excess not to be included

    (2) Only the portion of the aggregate of the amounts referred to in paragraphs (1)(a) and (b) that does not exceed the maximum yearly insurable earnings as calculated under section 4 is to be taken into account for the purposes of subsection (1).

  • 2009, c. 33, s. 16
  • 2017, c. 20, s. 252
 
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