Employment Insurance Regulations (SOR/96-332)

Regulations are current to 2019-07-29 and last amended on 2019-03-17. Previous Versions

PART IBenefits (continued)

[SOR/2010-10, s. 3]

Pregnancy

  •  (1) For the purposes of sections 22 and 152.04 of the Act, the information and evidence to be provided to the Commission by a claimant to prove pregnancy and the expected date of confinement is

    • (a) a statement signed by the claimant attesting to her pregnancy and declaring her expected date of confinement; and

    • (b) information regarding the actual date of the birth of the child, provided by the claimant to the Commission in person, by mail or by telephone as soon as is reasonably possible after the birth of the child.

  • (2) For the purposes of paragraph 8(2)(a) of the Act, a pregnancy is any pregnancy that renders a claimant incapable of performing the duties of her regular or usual employment or of other suitable employment.

  • SOR/2010-10, s. 21

 [Repealed, SOR/2017-226, s. 10]

 [Repealed, SOR/2017-226, s. 10]

Parental, Compassionate Care, Critically Ill Child and Critically Ill Adult Benefits

Medical Certificate Outside Canada

 For the purposes of subsections 23.1(3), 23.2(2), 23.3(2), 152.06(2), 152.061(2) and 152.062(2) of the Act, the medical certificate referred to in subsections 23.1(2), 23.2(1), 23.3(1), 152.06(1), 152.061(1) or 152.062(1) of the Act may be issued by an individual authorized by the appropriate governmental authority of a country other than Canada to perform the work of a medical doctor or of a nurse practitioner and who has professional qualifications that are substantially similar to those of a medical doctor or of a nurse practitioner practising in Canada, if the person to whom the certificate refers is in that country.

  • SOR/2003-393, s. 9
  • SOR/2010-10, s. 23
  • SOR/2011-229, s. 2
  • SOR/2017-226, s. 10

 [Repealed, SOR/2017-226, s. 10]

 [Repealed, SOR/2017-226, s. 10]

 [Repealed, SOR/2017-226, s. 10]

Division of Benefits

 For the purposes of subsections 23(4), 23.1(9), 23.2(8), 23.3(6), 152.05(12), 152.06(7), 152.061(8) and 152.062(6) of the Act and subject to subsections 76.21(2) and 76.42(2), if the claimants cannot agree on a division of the remaining weeks of unpaid benefits, those weeks shall be divided as follows:

  • (a) if the number of weeks of unpaid benefits equals the number of claimants, each claimant will be paid a week of benefits;

  • (b) if the number of weeks of unpaid benefits is more than the number of claimants, a week of benefits will be paid to claimants in turn starting with the first claimant to make a claim until all the weeks have been exhausted; or

  • (c) if the number of weeks of unpaid benefits is less than the number of claimants, a week of benefits will be paid to claimants in turn starting with the first claimant to make a claim until all the weeks have been exhausted.

  • SOR/2013-102, s. 12
  • SOR/2017-226, s. 10

Work-Sharing Benefits

 Work-sharing benefits are payable to a claimant who is employed in work-sharing employment for each week of unemployment that falls in a benefit period established for the claimant, and subject to sections 43 to 49, the Act and any regulations made under the Act apply to the claimant, with such modifications as the circumstances require.

  • SOR/2003-43, s. 2

 An interruption of earnings occurs, in respect of a person employed in work-sharing employment, at the beginning of the week in which there is a reduction of at least 10 per cent in the person's normal weekly earnings.

 A claimant is not entitled to work-sharing benefits for any week for which the claimant claims benefits under section 12 of the Act.

 Where a benefit period has been established in respect of a claimaint and for any week during that benefit period the claimant is employed in work-sharing employment, the benefit period shall be extended by the total of those weeks and subsections 10(12) to (15) of the Act apply, with such modifications as the circumstances require.

  • SOR/2002-157, s. 2

 If a claimant becomes employed in work-sharing employment and the waiting period has not been served as required by section 13 of the Act or earnings have not been deducted as required by subsection 19(1) of the Act, the serving of the period or the deduction of the earnings shall be deferred until that employment has terminated.

  • SOR/2016-314, s. 4
  •  (1) Earnings received for any week by a claimant from work-sharing employment shall not be deducted from the work-sharing benefits payable pursuant to section 24 of the Act.

  • (2) If a claimant receives earnings for any week other than by reason of work-sharing employment, the amount determined under subsection 19(2) of the Act shall be deducted from the work-sharing benefits payable to the claimant for that week.

  • SOR/2010-175, s. 1

 The rate of weekly benefits payable to a claimant employed under a work-sharing agreement approved by the Commission for the purposes of section 24 of the Act is an amount that bears the same ratio to the claimant's rate of weekly benefits determined pursuant to section 14 of the Act that

  • (a) the number of hours, days or shifts that the claimant did not work because of the work-sharing agreement

bears to

  • (b) the number of hours, days or shifts that the claimant would have worked for the employer according to the claimant's usual work schedule.

 Work-sharing benefits shall not be taken into account for the purpose of paragraph 10(8)(a) of the Act or for determining the benefits payable under sections 22 and 23 of the Act.

  • SOR/2002-157, s. 3

Employment Benefits

 The following employment benefits are prescribed for the purposes of subparagraph 25(1)(b)(i) of the Act:

  • (a) the Job Creation Partnerships employment benefit established by the Commission under section 59 of the Act; and

  • (b) the Self-employment employment benefit established by the Commission under section 59 of the Act.

Work-force Reduction Process

  •  (1) Subject to the Act and these Regulations, but notwithstanding section 30 of the Act, a claimant who has left employment in accordance with an employer work-force reduction process that preserves the employment of co-workers may be paid benefits where

    • (a) the claimant accepted an offer to leave that employment voluntarily; and

    • (b) the employer has confirmed that the claimant's leaving resulted in the actual preservation of the employment of a co-worker whose employment would otherwise have been terminated in the course of the work-force reduction process.

  • (2) For the purposes of subsection (1), an employer work-force reduction process is a process

    • (a) that is initiated by the employer;

    • (b) that has as its objective a permanent reduction in the overall number of employees;

    • (c) that offers employees the option to leave employment voluntarily; and

    • (d) the elements of which, including the elements described in paragraphs (a) to (c), are documented by the employer.

Prescribed Circumstances for the Purposes of Subparagraph 29(c)(xiv) of the Act

 For the purposes of subparagraph 29(c)(xiv) of the Act, other reasonable circumstances include

  • (a) circumstances in which a claimant has an obligation to accompany to another residence a person with whom the claimant has been cohabiting in a conjugal relationship for a period of less than one year and where

    • (i) the claimant or that person has had a child during that period or has adopted a child during that period,

    • (ii) the claimant or that person is expecting the birth of a child, or

    • (iii) a child has been placed with the claimant or that person during that period for the purpose of adoption; and

  • (b) circumstances in which a claimant has an obligation to care for a member of their immediate family within the meaning of subsection 55(2).

  • SOR/2001-290, s. 2

Loss of Part-time Employment Due to Work Stoppage

  •  (1) Subject to subsection (2), where a claimant loses a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection 36(1) of the Act, the maximum number of days of disentitlement of the claimant is five days per week ending on the occurrence, in respect of the part-time employment, of an event referred to in paragraph 36(1)(a) or (b) of the Act.

  • (2) Where a claimant loses a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection 36(1) of the Act, the number of days of disentitlement of the claimant in a week is, for the percentage that is set out in column I of the table to this subsection and that is the ratio between the claimant’s average weekly insurable earnings in that part-time employment and the weekly insurable earnings as determined under section 14 of the Act, the corresponding number of days of disentitlement set out in column II of that table, ending on the occurrence, in respect of the part-time employment, of an event referred to in paragraph 36(1)(a) or (b) of the Act.

    TABLE

    Column IColumn II
    PercentageNumber of Days of Disentitlement
    more than 0 but not more than 100
    more than 10 but not more than 301
    more than 30 but not more than 502
    more than 50 but not more than 703
    more than 70 but not more than 904
    more than 905
 
Date modified: