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

Act current to 2020-09-09 and last amended on 2020-09-06. Previous Versions

PART VIII.5Temporary Measures to Facilitate Access to Benefits

Interpretation

Marginal note:Definitions

 In this Part, initial claim for benefits, qualifying period and waiting period,

  • (a) in the case of benefits referred to in any of sections 22 to 24, have the same meaning as in subsection 6(1); and

  • (b) in the case of benefits referred to in any of sections 152.04 to 152.062, have the same meaning as in subsection 152.01(1).

  • SOR/2020-173, s. 6

Application

Marginal note:Employment insurance emergency response benefit or Canada emergency response benefit

 Sections 153.17 to 153.191 apply only to claimants who have been paid 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.

  • SOR/2020-173, s. 6

Hours of Insurable Employment Increase

Marginal note:Special benefits

  •  (1) If a claimant makes an initial claim for benefits in respect of benefits referred to in any of sections 22 to 23.3 and has fewer than 600 hours of insurable employment in their qualifying period, the number of hours of insurable employment that the claimant has in that period shall be increased by 480.

  • Marginal note:Work-sharing

    (2) If a claimant makes an initial claim for benefits in respect of benefits referred to in section 24 and has, in their qualifying period, fewer than the number of hours of insurable employment that is applicable to them under paragraph 7(2)(b), the number of hours of insurable employment that the claimant has in that period shall be increased by 300.

  • Marginal note:Limitation

    (3) A claimant’s number of hours of insurable employment may be increased only once, either under subsection (1) or (2).

  • SOR/2020-173, s. 6

Extension of Qualifying Period

Marginal note:Extension

 If a claimant who makes an initial claim for benefits in respect of benefits referred to in any of sections 22 to 24 received 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 during the qualifying period referred to in paragraph 8(1)(a), that qualifying period is extended by

  • (a) 16 weeks, if the benefit period for that claim is established before July 5, 2020;

  • (b) 24 weeks, if the benefit period for that claim is established on or after July 5, 2020 but before August 30, 2020; or

  • (c) 28 weeks, if the benefit period for that claim is established on or after August 30, 2020.

  • SOR/2020-173, s. 6
  • SOR/2020-187, s. 2

Benefit Period

Marginal note:Late claims

 For the purposes of subsections 10(4) and (5) and 152.11(4) and (5), the fact that, but for sections 153.17 and 153.18, the claimant would not have qualified to receive benefits referred to in any of sections 22 to 24 and 152.04 to 152.062 is good cause for a delay in making a claim for those benefits.

  • SOR/2020-173, s. 6

Waiting Period

Marginal note:Special benefits and work-sharing

  •  (1) Despite sections 13 and 152.15, the waiting period of a claimant shall be waived if the claimant makes an initial claim for benefits in respect of benefits referred to in any of sections 22 to 24 or 152.04 to 152.062.

  • Marginal note:Employer top-up plans

    (2) Despite subsection (1), if a claimant is entitled to receive a payment referred to in subsection 38(1) of the Employment Insurance Regulations during their waiting period, the claimant may serve the waiting period.

  • Marginal note:Excluded earnings

    (3) Despite paragraph 38(1)(a) of the Employment Insurance Regulations, if a claimant’s waiting period is waived under subsection (1), the following portion of any payments that are paid to the claimant as an insured person for the first week for which benefits are payable is excluded as earnings for the purposes of section 35 of those Regulations, namely the portion that, when combined with the portion of the claimant’s weekly benefit rate from that employment, does not exceed the sum of the portion of their weekly benefit rate and their normal weekly earnings from that employment.

  • SOR/2020-173, s. 6

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 6, 2020 and ending on September 11, 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.

  • SOR/2020-173, s. 6
  • SOR/2020-187, s. 3

Cessation of Effect

Marginal note:September 26, 2020 or repeal

  •  (1) Subject to subsection (2), this Part ceases to apply on the earlier of September 26, 2020 and the day on which Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) is repealed.

  • Marginal note:Exception

    (2) Sections 153.18 and 153.192 cease to apply on the earlier of September 26, 2020 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

  • SOR/2020-173, s. 6
  • SOR/2020-187, s. 4

PART IXRepeals, Transitional Provisions, Related and Conditional Amendments and Coming into Force

Repeals

 [Repeals]

Transitional Provisions

National Training Act

Marginal note:Allowances

 A training allowance being paid under section 5 of the National Training Act when it is repealed may continue to be paid in accordance with that Act and the regulations made under it, as they read immediately before the repeal of that Act, until the conclusion of the course to which the allowance relates.

Marginal note:Agreements

 An agreement under section 7 of the National Training Act in effect when it is repealed continues in effect according to the terms of the agreement.

 [Repealed, 2010, c. 12, s. 2190]

Unemployment Insurance Act

Marginal note:Benefit periods beginning before this section comes into force

  •  (1) Except as otherwise provided in this section, all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act (the “former Act”) is repealed shall be dealt with under that Act, including any amendments that may be made by Bill C-31, introduced in the second session of the 35th Parliament and entitled An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996.

  • Marginal note:Appeals - written reasons not required

    (1.01) Subsection 70(2) of the former Act applies in respect of appeals under that Act except that the Tax Court of Canada need not give reasons in writing for its decision but may give reasons in writing where, in a particular case, the Court deems it advisable.

  • Marginal note:Deductions for undeclared earnings

    (1.1) Subsection 19(3) of this Act applies to claimants who fail to declare all or some of their earnings in a period determined under the regulations beginning on or after January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on or after that date in respect of any failure to declare earnings for such a period beginning after June 30, 1996.

  • Marginal note:Deductions under subsection 19(4)

    (1.2) Subsection 19(4) of this Act applies to claimants who begin attending a course or program after the former Act is repealed.

  • Marginal note:Parental benefits

    (2) Section 23 of this Act applies in place of section 20 of the former Act to claimants claiming benefits for the care of children born or placed for adoption after that Act is repealed.

  • Marginal note:Job creation projects

    (3) Section 25 of the former Act applies only to claimants employed on job creation projects under that section when that Act is repealed.

  • Marginal note:Training

    (4) Section 26 of the former Act applies only to claimants in a course or program to which they are referred under that section before that Act is repealed.

  • (5) [Repealed, 2010, c. 12, s. 2191]

  • Marginal note:Disentitlement and disqualification

    (6) Sections 27 to 33 of this Act apply in place of sections 27 to 28.3 of the former Act in respect of events occurring after that Act is repealed that give rise to a disentitlement or disqualification under those sections and, for the purpose of applying those sections, a reference in the former Act to

    • (a) section 27 shall be read as a reference to section 27 of this Act;

    • (b) section 28 shall be read as a reference to section 29 of this Act;

    • (c) section 28.1 shall be read as a reference to section 31 of this Act;

    • (d) section 28.2 shall be read as a reference to section 32 of this Act; and

    • (e) section 28.3 shall be read as a reference to section 33 of this Act.

  • Marginal note:Application of section 145

    (7) Section 145 of this Act applies in place of section 123 of the former Act in respect of benefits paid after December 31, 1995.

  • 1996, c. 23, s. 159
  • 1998, c. 19, s. 274
  • 1999, c. 31, s. 82(F)
  • 2010, c. 12, s. 2191
 
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