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

Act current to 2019-06-06 and last amended on 2019-03-17. Previous Versions

RELATED PROVISIONS

  • — 2003, c. 15, s. 25(1)

      • 25 (1) Sections 15 to 20 and 22 apply to a claimant for any benefit period

        • (a) that begins on or after January 4, 2004; or

        • (b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date.

  • — 2005, c. 34, s. 56

    • Repeal of sections 127 and 128 of the Employment Insurance Act

      56 The repeal of sections 127 and 128 of the Employment Insurance Act does not affect the validity of a disclosure of information, or an agreement for the purpose of making information available, made under those sections by the Minister of Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development.

  • — 2008, c. 28, ss. 39(3), (4)

      • 39 (3) Subsection (1) applies in respect of remittances by a prescribed person that are first due after February 25, 2008.

      • (4) Subsection (2) applies in respect of payments and remittances that are required to be first made after February 25, 2008.

  • — 2008, c. 28, s. 122

  • — 2009, c. 2, s. 226(2)

    • Transitional
      • 226 (2) The maximum number of weeks for which benefits may be paid in a benefit period that is established for a claimant who is included in Pilot Project No. 10 and whose benefit period has not ended before the second Sunday before the day on which this Act receives royal assent is to be determined in accordance with Schedule I to the Employment Insurance Act, as enacted by subsection 224(1).

  • — 2009, c. 2, s. 227

    • Deeming provision

      227 Section 66.1 of the Employment Insurance Act, as enacted by section 9 of chapter 5 of the Statutes of Canada, 2001, is deemed to have read as follows:

      • Premium rates for 2002 and 2003

        66.1 Notwithstanding section 66, the premium rates for the years 2002 and 2003 are 2.2% and 2.1%, respectively.

  • — 2009, c. 2, s. 228

    • Deeming provision

      228 Section 66.3 of the Employment Insurance Act, as enacted by section 25 of chapter 22 of the Statutes of Canada, 2004, is deemed to have read as follows:

      • Premium rate for 2005

        66.3 Notwithstanding section 66, the premium rate for the year 2005 is 1.95%.

  • — 2009, c. 2, s. 229

    • Application

      229 Subsection 224(1) applies with respect to every claimant whose benefit period has not ended before the day on which that subsection comes into force and whose benefit period does not begin after September 11, 2010.

  • — 2009, c. 30, s. 7

    • Subsection 55(10) of regulations

      7 With respect to a claimant to whom any of sections 3 to 6 applies whose benefit period has not been extended under any of subsections 10(13) to (13.3) of the Employment Insurance Act, subsection 55(10) of the Employment Insurance Regulations is deemed to read as follows:

      • (10) In a claimant’s benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (b), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50 or, if the maximum number of weeks during which benefits may be paid to a claimant under section 225 of the Budget Implementation Act, 2009 is equal to or greater than 50 weeks as a result of the application of any provision of any Act of Parliament, other than the Employment Insurance Act, the number that corresponds to that maximum number of weeks.

  • — 2009, c. 33, s. 18

    • Agreements

      18 Agreements referred to in subsection 152.02(1) of the Employment Insurance Act may be entered into at any time during the period that begins on the day on which this Act receives royal assent and ends on the day on which section 16 comes into force, but any such agreement that is entered into during that period is deemed to have been entered into on the day on which that section comes into force.

  • — 2009, c. 33, s. 19

    • Benefit periods during 2011

      19 Despite paragraph 152.07(1)(a) of the Employment Insurance Act, a benefit period under Part VII.1 of that Act may begin on or after January 1, 2011 if the self-employed person to whom the benefit period relates has, during the period that begins on the later of the day on which this Act receives royal assent and January 1, 2010 and ends on April 1, 2010, entered into an agreement referred to in subsection 152.02(1) of that Act.

  • — 2009, c. 33, s. 20

    • Violations

      20 For the purpose of subsection 152.07(6) of the Employment Insurance Act, a violation accumulated by an individual under section 7.1 of that Act before the coming into force of that subsection is deemed to be a violation accumulated by the individual under section 152.07 on the day on which the notice of violation was given to the individual even though that section was not in force on that day.

  • — 2010, c. 9, s. 4

    • Transitional
      • 4 (1) Sections 2 and 3 apply to a claimant whose benefit period began less than 104 weeks before the day on which this Act comes into force if the period referred to in subsection 23(2) of the Employment Insurance Act

        • (a) has not ended before that day; or

        • (b) ended before that day and, within the period referred to in that subsection, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave in accordance with regulations made under the National Defence Act, and the claimant’s deferral or return to duty, as the case may be, has not ended before that day.

      • Special case

        (2) Section 2 applies to a claimant and the period referred to in subsection 23(2) of the Employment Insurance Act is extended to 104 weeks if

        • (a) within the period referred to in that subsection, in accordance with regulations made under the National Defence Act, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave, as the case may be;

        • (b) the claimant’s deferral or return to duty ended before the day on which this Act comes into force;

        • (c) the claimant’s benefit period has not ended before that day; and

        • (d) the period referred to in that subsection ended before that day.

      • Other special case

        (3) A claimant’s benefit period and the period referred to in subsection 23(2) of the Employment Insurance Act are each extended to 104 weeks if

        • (a) within the period referred to in that subsection, in accordance with regulations made under the National Defence Act, the claimant’s parental leave is deferred or the claimant is directed to return to duty from parental leave, as the case may be;

        • (b) the claimant’s deferral or return to duty ended before the day on which this Act comes into force; and

        • (c) the claimant’s benefit period and the period referred to in that subsection each began less than 104 weeks before that day and both ended before that day.

  • — 2010, c. 12, s. 2195

    • Account closed

      2195 The account in the accounts of Canada known as the Employment Insurance Account is deemed to have been closed at the beginning of January 1, 2009 and removed from the accounts of Canada at that time.

  • — 2010, c. 12, s. 2196

    • Section 76

      2196 For greater certainty, any amount purporting to have been credited to the Employment Insurance Account on or after January 1, 2009 and charged to the Consolidated Revenue Fund under section 76 of the Employment Insurance Act is deemed to have never been credited to that Account and charged to that Fund.

  • — 2010, c. 12, s. 2197

    • Amounts credited and charged

      2197 For greater certainty, all amounts credited or charged to the Employment Insurance Account on or after January 1, 2009 are deemed to have been credited or charged, as the case may be, to the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, as enacted by section 2185.

  • — 2010, c. 12, s. 2198

    • Appropriation Acts

      2198 Every authority in any appropriation Act to make recoverable expenditures on behalf of the Employment Insurance Account in respect of the fiscal year 2010–2011 is deemed to be an authority to make recoverable expenditures on behalf of the Employment Insurance Operating Account established by section 70.2 of the Employment Insurance Act, as enacted by section 2185.

  • — 2010, c. 12, s. 2199

    • Employment Insurance Operating Account — audit for fiscal year 2008–2009

      2199 The Auditor General of Canada shall audit the Employment Insurance Operating Account, established by section 70.2 of the Employment Insurance Act, as enacted by section 2185, in respect of the fiscal year 2008–2009, and a report of that audit shall be made to the Minister of Human Resources and Skills Development.

  • — 2010, c. 12, s. 2200

    • Employment Insurance Account — re-audit

      2200 Despite sections 2186 and 2195, and as a consequence of the establishment of the Employment Insurance Operating Account by section 70.2 of the Employment Insurance Act, as enacted by section 2185, the Auditor General of Canada may re-audit the Employment Insurance Account in respect of any fiscal year if he or she considers it necessary to do so, and a report of that audit is to be made to the Minister of Human Resources and Skills Development.

  • — 2012, c. 19, s. 251

    • Definitions

      251 The following definitions apply in sections 252 to 270.

      board of referees

      board of referees means a board of referees established under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247. (conseil arbitral)

      Pension Appeals Board

      Pension Appeals Board means the Pension Appeals Board established under section 83 of the Canada Pension Plan, as it read immediately before the coming into force of section 229. (Commission d’appel des pensions)

      Review Tribunal

      Review Tribunal means a Review Tribunal established under section 82 of the Canada Pension Plan, as it read immediately before the coming into force of section 229. (tribunal de révision)

      Social Security Tribunal

      Social Security Tribunal means the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act. (Tribunal de la sécurité sociale)

      umpire

      umpire means an umpire appointed under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247. (juge-arbitre)

  • — 2012, c. 19, s. 252

    • Information

      252 The Pension Appeals Board, a Review Tribunal, a board of referees or an umpire must transfer to the Social Security Tribunal any information under their control that either relates to an application of which that Tribunal is seized or that the Governor in Council has, by regulation, prescribed.

  • — 2012, c. 19, s. 263

    • Board of referees — chairpersons
      • 263 (1) The chairpersons of a board of referees referred to in subsection 265(1) continue to hold office until the earlier of the end of the term for which they were appointed and November 1, 2013.

      • Board of referees — members

        (2) Persons on panels referred to in subsection 111(3) of the Employment Insurance Act, as it read immediately before the coming into force of section 247, continue to hold office until the earlier of the end of the term for which they were appointed and November 1, 2013.

      • No compensation

        (3) Despite the provisions of any contract, agreement or order, no person either appointed to hold office as chairperson of a board of referees or referred to in subsection (2) has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

      • Earlier date

        (4) For the purposes of subsections (1) and (2), the Governor in Council may, by order, fix a day earlier than November 1, 2013.

  • — 2012, c. 19, s. 264

    • Umpires
      • 264 (1) Umpires continue to hold office until April 1, 2014.

      • No compensation

        (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as umpire has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

  • — 2012, c. 19, s. 265

    • Appeals — board of referees
      • 265 (1) The board of referees remains seized of any appeal filed and not decided before April 1, 2013 under subsection 114(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.

      • Time limit

        (2) The board of referees must make its decision no later than October 31, 2013 or, if an order is made under subsection 263(4), the day before the day fixed by that order.

      • Failure to decide

        (3) The General Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision has been made by the day referred to in subsection (2). The appeal is deemed to be an appeal filed with the General Division of the Social Security Tribunal on November 1, 2013 or, if an order is made under subsection 263(4), the day fixed by that order.

      • Appeals — Social Security Tribunal

        (4) A person who is dissatisfied with a decision made under subsection (1) may appeal the decision to the Appeal Division of the Social Security Tribunal.

  • — 2012, c. 19, s. 266

    • Appeals — umpire

      266 An appeal from a decision of a board of referees that could have been appealed to an umpire, but for the repeal of subsection 115(1) of the Employment Insurance Act by section 247, may be appealed to the Appeal Division of the Social Security Tribunal.

  • — 2012, c. 19, s. 267

    • Appeals — umpire
      • 267 (1) An umpire remains seized of any appeal filed and heard before April 1, 2013 under subsection 115(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.

      • Time limit

        (2) An umpire must make his or her decision no later than March 31, 2014.

      • Failure to decide

        (3) The Appeal Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision has been made by the day referred to in subsection (2). The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2014.

  • — 2012, c. 19, s. 268

    • Appeals — Social Security Tribunal

      268 The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2013 with respect to any appeal filed and not heard before April 1, 2013 under subsection 115(1) of the Employment Insurance Act, as it read immediately before the coming into force of section 247.

  • — 2012, c. 19, s. 269

    • Request for reconsideration
      • 269 (1) If no decision has been made before April 1, 2013 in respect of a request made under section 120 of the Employment Insurance Act as it read immediately before the coming into force of section 247, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, by

        • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or

        • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.

      • Deeming

        (2) An application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, by

        • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a board of referees; or

        • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by an umpire.

  • — 2012, c. 19, s. 270

    • Continued application

      270 The provisions of the Employment Insurance Act repealed by this Act, and their related regulations, continue to apply to appeals of which the board of referees or an umpire remains seized under this Act, with any necessary adaptations.

  • — 2012, c. 19, s. 616

    • Transitional

      616 Section 14 of the Employment Insurance Act, as amended by section 604, applies only to claimants whose benefit period is established on or after April 7, 2013.

  • — 2012, c. 27, s. 32

    • Illness, injury or quarantine

      32 Sections 18, 21 and 152.03 of the Employment Insurance Act, as amended by sections 15, 16 and 21, apply only to claims for benefits because of illness, injury or quarantine that are made for weeks that begin on or after the day on which sections 15, 16 and 21 come into force.

  • — 2012, c. 27, s. 33

    • Child’s critical illness

      33 Sections 23.2 and 152.061 of the Employment Insurance Act, as enacted by sections 18 and 23, apply to a claimant for any benefit period

      • (a) that begins on or after the day on which sections 18 and 23 come into force; or

      • (b) that has not ended before that day, but only for weeks of benefits that begin on or after that day.

  • — 2012, c. 31, s. 456

    • Surplus

      456 Any surplus of financial assets that remains after the satisfaction of the debts and liabilities of the Board on the day on which section 454 comes into force is to be paid into the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account established under section 70.2 of the Employment Insurance Act.

  • — 2013, c. 35, s. 4

    • Transitional

      4 Paragraphs 10(10)(a) and 152.11(11)(a) of the Employment Insurance Act, as enacted by sections 2 and 3, respectively, do not apply to the benefit period of a claimant or a self-employed person, as the case may be, in respect of any week for which the claimant or the self-employed person was confined in a jail, penitentiary or other similar institution before the coming into force of this Act.

  • — 2014, c. 20, s. 250

    • Illness, injury or quarantine

      250 Subsections 18(2) and 152.03(1.1) of the Employment Insurance Act, as enacted by sections 247 and 248, apply only to claims for benefits because of illness, injury or quarantine that are made for weeks that begin on or after the day on which sections 247 and 248 come into force.

  • — 2015, c. 36, s. 79

    • Compassionate care benefits
      • 79 (1) If a period referred to in subsection 23.1(4) of the Employment Insurance Act, as it read immediately before January 3, 2016, has begun in respect of a claimant — as defined in subsection 2(1) of that Act — before that day but has not ended, then sections 12 and 23.1 of that Act, as they read on that day, apply to that claimant beginning on that day.

      • Compassionate care benefits — self-employed persons

        (2) If a period referred to in subsection 152.06(3) of the Employment Insurance Act, as it read immediately before January 3, 2016, has begun in respect of a self-employed person — as defined in subsection 152.01(1) of that Act — before that day but has not ended, then sections 152.06 and 152.14 of that Act, as they read on that day, apply to that person beginning on that day.

  • — 2016, c. 7, s. 225

    • Provisions continue to apply

      225 The following provisions of the Employment Insurance Act, as those provisions read immediately before July 9, 2017, continue to apply in respect of a claimant, as defined in subsection 2(1) of that Act, whose benefit period, as defined in that subsection 2(1), began before that day and has not ended before that day:

      • (a) the definition long-tenured worker in subsection 2(1);

      • (b) subsections 10(13.1) to (14.1); and

      • (c) subsections 12(2) to (2.8) and (6).

  • — 2016, c. 7, s. 226

    • Application of provisions

      226 The following provisions of the Employment Insurance Act, as enacted by subsections 207(3), 209(1) and 210(1) and (3) and section 220, apply only in respect of a claimant, as defined in subsection 2(1) of that Act, whose benefit period, as defined in that subsection 2(1), begins on or after the day fixed by order of the Governor in Council made under subsection 231(3):

      • (a) subsection 2(5);

      • (b) the portion of subsection 7(2) before paragraph (a);

      • (c) the portion of subsection 7.1(1) before the table and subsection 7.1(3); and

      • (d) subsection 152.07(7).

  • — 2016, c. 7, s. 227

    • Application of provisions

      227 The following provisions of the Employment Insurance Act, as those provisions read immediately before the day fixed by order of the Governor in Council made under subsection 231(4), continue to apply in respect of a claimant, as defined in subsection 2(1) of that Act, whose benefit period, as defined in that subsection 2(1), began before that day:

      • (a) the definition waiting period in subsection 6(1);

      • (b) section 13;

      • (c) subsection 22(4);

      • (d) the definition waiting period in subsection 152.01(1); and

      • (e) section 152.15.

  • — 2016, c. 7, s. 228

    • Retroactive regulations

      228 Regulations made by the Canada Employment Insurance Commission under the Employment Insurance Act that, in the opinion of the Commission, are necessary as a result of the amendments made by sections 208, 213, 214, 219 and 221 may, if the regulations so provide, be retroactive and have effect with respect to any period before they are made that begins on or after the day that is fixed by order of the Governor in Council made under subsection 231(4).

  • — 2016, c. 7, s. 229

    • Non-application of subsections 153(3) and (4)

      229 Subsections 153(3) and (4) of the Employment Insurance Act do not apply in respect of any regulations made by the Canada Employment Insurance Commission under that Act that, in the opinion of the Commission, are necessary as a result of the amendments made by subsection 207(3) and sections 209, 210, 216, 220 and 230.

  • — 2017, c. 20, s. 254

    • Birth or placement for adoption

      254 The Employment Insurance Act, as it read immediately before the day on which sections 235 and 245 come into force, continues to apply to a claimant for the purpose of paying benefits under section 23 or 152.05 of that Act in respect of a child or children who are, before that day, born or placed with the claimant for the purpose of adoption.

  • — 2017, c. 20, s. 255

    • Critically ill child

      255 The Employment Insurance Act, as it read immediately before the day on which sections 237 and 247 come into force, continues to apply to a claimant for the purpose of paying benefits under section 23.2 or 152.061 of that Act if the period referred to in subsection 23.2(3) or 152.061(3), as the case may be, of that Act begins before that day.

  • — 2017, c. 20, s. 256

    • Critically ill adult

      256 Sections 23.3 and 152.062 of the Employment Insurance Act, as enacted by sections 238 and 248, respectively, apply to a claimant for any benefit period

      • (a) that begins on or after the day on which sections 238 and 248 come into force; or

      • (b) that has not ended before that day, but only for weeks of benefits that begin on or after that day.

  • — 2018, c. 12, s. 292

  • — 2018, c. 12, s. 293

    • Claimants eligible to make election
      • 293 (1) A claimant who was eligible to make an election under subsection 77.991(2) of the Regulations in respect of a benefit period and who did not, before August 12, 2018, make such an election, may, after August 11, 2018, make an election under subsection (2) in respect of that benefit period if

        • (a) the last notification of payment or non-payment of benefits in respect of that benefit period is issued to the claimant after July 13, 2018; and

        • (b) the claimant receives earnings during one or more weeks of unemployment included in that benefit period and makes a claim for benefits for at least one of those weeks.

      • Election

        (2) A claimant to whom this section applies may elect, in respect of earnings received during all weeks of unemployment that fall in the benefit period referred to in subsection (1), to have deducted from benefits the amount, if any, of the earnings that exceeds the following instead of the amount described in subsection 19(2) of the Employment Insurance Act:

        • (a) $75, if the claimant’s rate of weekly benefits is less than $188; or

        • (b) 40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.

      • Requirement to inform Commission

        (3) A claimant must inform the Commission of their election, if any, in respect of earnings received during all weeks of unemployment included in the benefit period not later than the 30th day after the day on which the last notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant. The election is irrevocable.

      • Late election

        (4) If a claimant informs the Commission of their election after the day on which the deadline expires, the election is considered to have been made by that deadline if the claimant shows that there was good cause for the delay throughout the period that begins on the day on which the deadline expired and that ends on the day on which the claimant informs the Commission of their election.

      • No reconsideration of decision

        (5) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is not subject to reconsideration under section 112 of the Employment Insurance Act.

  • — 2018, c. 12, s. 294

    • Election made before August 12, 2018

      294 An election that is made before August 12, 2018 under subsection 77.991(2) of the Regulations in respect of a benefit period is deemed to apply to earnings received during all weeks of unemployment that are included in the portion of the benefit period that falls in the period that begins on August 12, 2018 and that ends on August 14, 2021.

  • — 2018, c. 12, s. 295

    • Claimants eligible to make election
      • 295 (1) This section applies to

        • (a) a claimant who made an election under section 77.98 of the Regulations in respect of a benefit period, if the last notification of payment or non-payment of benefits in respect of that benefit period was issued to them after August 6, 2016;

        • (b) a claimant who made an election under subsection 77.991(2) of the Regulations; and

        • (c) a claimant who makes an election under section 293.

      • Election

        (2) A claimant to whom this section applies may elect, in respect of earnings received during all weeks of unemployment before August 15, 2021 that fall in a benefit period established after August 11, 2018 but before August 15, 2021, to have deducted from benefits the amount, if any, of the earnings that exceeds the following instead of the amount described in subsection 19(2) or 152.18(2), as the case may be, of the Employment Insurance Act:

        • (a) $75, if the claimant’s rate of weekly benefits is less than $188; or

        • (b) 40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.

      • Requirement to inform Commission

        (3) A claimant must inform the Commission of their election, if any, in respect of earnings received during all weeks of unemployment included in a given benefit period not later than the 30th day after the day on which the last notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant or February 19, 2022, whichever is earlier. The election is irrevocable.

      • Late election

        (4) If a claimant informs the Commission of their election after the day on which the deadline expires, the election is considered to have been made by that deadline if the claimant shows that there was good cause for the delay throughout the period that begins on the day on which the deadline expired and that ends on the day on which the claimant informs the Commission of their election.

      • No reconsideration of decision

        (5) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is not subject to reconsideration under section 112 of the Employment Insurance Act.

  • — 2018, c. 27, s. 307

    • Birth or placement for adoption

      307 The Employment Insurance Act, as it read immediately before the day on which this section comes into force, continues to apply to a claimant for the purpose of paying benefits under section 23 or 152.‍05 of that Act in respect of a child or children who are, before that day, born or placed with the claimant for the purpose of adoption.

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