Employment Insurance Act

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 if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefits.

  Violation
  minor / mineure	serious / grave	very serious / très grave	subsequent / subséquente
  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• (2) [Repealed, 2016, c. 7, s. 210]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.

• Marginal note:Limitation

  (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.

• Marginal note:Violations

  (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

  • (c) the person is found guilty of one or more offences under the Criminal Code as a result of acts or omissions relating to the application of this Act.

• 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

    • (i) less than $1,000, it is a minor violation,

    • (ii) $1,000 or more, but less than $5,000, it is a serious violation, or

    • (iii) $5,000 or more, it is a very serious violation; and

  • (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.

• Marginal note:Maximum

  (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.