Employment Insurance Regulations (SOR/96-332)

Regulations are current to 2019-08-15 and last amended on 2019-03-17. Previous Versions

PART IBenefits (continued)

[SOR/2010-10, s. 3]

Termination of Work Stoppage

  •  (1) For the purposes of section 36 of the Act and subject to subsection (2), a stoppage of work at a factory, workshop or other premises is terminated when

    • (a) the work-force at the factory, workshop or other premises attains at least 85 per cent of its normal level; and

    • (b) the level of activity in respect of the production of goods or services at the factory, workshop or other premises attains at least 85 per cent of its normal level.

  • (2) Where, in respect of a stoppage of work, an occurrence prevents the attainment of at least 85 per cent of the normal level of the work-force or activity in respect of the production of goods or services at a factory, workshop or other premises, the stoppage of work terminates

    • (a) if the occurrence is a discontinuance of business, a permanent restructuring of activity or an act of God, when the level of the work-force or of the activity attains at least 85 per cent of that normal level, with the normal level adjusted by taking that occurrence into account; and

    • (b) if the occurrence is a change in economic or market conditions or in technology, when

      • (i) there is a resumption of activity at the factory, workshop or other premises, and

      • (ii) the level of the work-force and of the activity attains at least 85 per cent of that normal level as adjusted by taking that occurrence into account.

  • (3) For the purposes of calculating the percentages referred to in subsections (1) and (2), no account shall be taken of exceptional or temporary measures taken by the employer before and during the stoppage of work for the purpose of offsetting the effects of the stoppage.

  • SOR/2002-154, s. 7

Claimants Who Are Inmates of an Institution

  •  (1) A claimant who is not a self-employed person, who is an inmate of a prison or similar institution and who has been granted parole, day parole, temporary absence or a certificate of availability, for the purpose of seeking and accepting employment in the community, is not disentitled from receiving benefits by reason only of section 37 of the Act.

  • (2) A self-employed person who is an inmate of a prison or similar institution and who has been granted parole, day parole or a temporary absence is not disentitled from receiving benefits by reason only of section 152.2 of the Act.

  • SOR/2010-10, s. 25

Claimants Not In Canada

  •  (1) Subject to section 18 of the Act, a claimant who is not a self-employed person is not disentitled from receiving benefits for the reason that the claimant is outside Canada

    • (a) for the purpose of undergoing, at a hospital, medical clinic or similar facility outside Canada, medical treatment that is not readily or immediately available in the claimant’s area of residence in Canada, if the hospital, clinic or facility is accredited to provide the medical treatment by the appropriate governmental authority outside Canada;

    • (b) for a period of not more than seven consecutive days to attend the funeral of a member of the claimant’s immediate family or of one of the following persons, namely,

      • (i) a grandparent of the claimant or of the claimant’s spouse or common-law partner,

      • (ii) a grandchild of the claimant or of the claimant’s spouse or common-law partner,

      • (iii) the spouse or common-law partner of the claimant’s son or daughter or of the son or daughter of the claimant’s spouse or common-law partner,

      • (iv) the spouse or common-law partner of a child of the claimant’s father or mother or of a child of the spouse or common-law partner of the claimant’s father or mother,

      • (v) a child of the father or mother of the claimant’s spouse or common-law partner or a child of the spouse or common-law partner of the father or mother of the claimant’s spouse or common-law partner,

      • (vi) an uncle or aunt of the claimant or of the claimant’s spouse or common-law partner, and

      • (vii) a nephew or niece of the claimant or of the claimant’s spouse or common-law partner;

    • (c) for a period of not more than seven consecutive days to accompany a member of the claimant’s immediate family to a hospital, medical clinic or similar facility outside Canada for medical treatment that is not readily or immediately available in the family member’s area of residence in Canada, if the hospital, clinic or facility is accredited to provide the medical treatment by the appropriate governmental authority outside Canada;

    • (d) for a period of not more than seven consecutive days to visit a member of the claimant’s immediate family who is seriously ill or injured;

    • (e) for a period of not more than seven consecutive days to attend a bona fide job interview; or

    • (f) for a period of not more than 14 consecutive days to conduct a bona fide job search.

  • (1.1) Only the periods set out in paragraphs (1)(b) and (d) may be cumulated during a single trip outside Canada, and only if the member of the claimant’s immediate family whom the claimant visits under paragraph (1)(d) is the person whose funeral the claimant attends under paragraph (1)(b).

  • (2) For the purposes of subsections (1) and (1.1), the following persons are considered to be members of the claimant’s immediate family:

    • (a) the father and mother of the claimant or of the claimant’s spouse or common-law partner;

    • (b) the spouse or common-law partner of the father or mother of the claimant or of the claimant’s spouse or common-law partner;

    • (c) the foster parent of the claimant or of the claimant’s spouse or common-law partner;

    • (d) a child of the claimant’s father or mother or a child of the spouse or common-law partner of the claimant’s father or mother;

    • (e) the claimant’s spouse or common-law partner;

    • (f) a child of the claimant or of the claimant’s spouse or common-law partner;

    • (g) a ward of the claimant or of the claimant’s spouse or common-law partner; and

    • (h) a dependant or relative residing in the claimant’s household or a relative with whom the claimant permanently resides.

  • (3) [Repealed, SOR/2001-290, s. 3]

  • (4) A claimant who is not a self-employed person is not disentitled from receiving benefits in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act, the care or support of a family member referred to in subsection 23.1(2) of the Act, of a critically ill child or of a critically ill adult or while attending a course or program of instruction or training referred to in paragraph 25(1)(a) of the Act for the sole reason that the claimant is outside Canada, unless their Social Insurance Number Card or the period of validity of their Social Insurance Number has expired.

  • (5) A major attachment claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if

    • (a) the benefits are in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act, of a critically ill child or of a critically ill adult;

    • (b) the claimant proves that they are incapable, by reason of illness, injury or quarantine, from performing the duties of their regular or usual employment or of other suitable employment.

  • (6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if

    • (a) the claimant resides temporarily or permanently in a state of the United States that is contiguous to Canada and

      • (i) is available for work in Canada, and

      • (ii) is able to report personally at an office of the Commission in Canada and does so when requested by the Commission; or

    • (b) the claimant is qualified to receive benefits under Article VI of the Agreement between Canada and the United States respecting Unemployment Insurance, signed on March 6 and 12, 1942, and resides temporarily or permanently in one of the following places in respect of which the Commission has not, pursuant to section 16 of the Employment and Immigration Department and Commission Act, suspended the application of that Agreement, namely,

      • (i) the District of Columbia,

      • (ii) Puerto Rico,

      • (iii) the Virgin Islands, or

      • (iv) any state of the United States.

  • (7) Subject to subsection (10), the maximum number of weeks for which benefits may be paid in a benefit period, in respect of a claimant referred to in subsections (5) and (6) who is not disentitled from receiving benefits, is

    • (a) in the case of benefits that are paid for a reason referred to in subsection 12(3) of the Act, the applicable number of weeks referred to in subsections 12(3) to (6) of the Act; and

    • (b) in any other case, in respect of the number of hours of insurable employment in the claimant’s qualifying period set out in column I of the table to this subsection, the corresponding number of weeks set out in column II of that table.

      TABLE

      Column IColumn II
      ItemNumber of Hours of Insurable EmploymentNumber of Weeks of Benefits
      1420 - 45410
      2455 - 48910
      3490 - 52411
      4525 - 55911
      5560 - 59412
      6595 - 62912
      7630 - 66413
      8665 - 69913
      9700 - 73414
      10735 - 76914
      11770 - 80415
      12805 - 83915
      13840 - 87416
      14875 - 90916
      15910 - 94417
      16945 - 97917
      17980 - 1,01418
      181,015 - 1,04918
      191,050 - 1,08419
      201,085 - 1,11919
      211,120 - 1,15420
      221,155 - 1,18920
      231,190 - 1,22421
      241,225 - 1,25921
      251,260 - 1,29422
      261,295 - 1,32922
      271,330 - 1,36423
      281,365 - 1,39923
      291,400 - 1,43424
      301,435 - 1,46925
      311,470 - 1,50426
      321,505 - 1,53927
      331,540 - 1,57428
      341,575 - 1,60929
      351,610 - 1,64430
      361,645 - 1,67931
      371,680 - 1,71432
      381,715 - 1,74933
      391,750 - 1,78434
      401,785 - 1,81935
      411,820 or more36
  • (8) Subject to subsection (10), a claimant referred to in subsections (5) and (6), for whom a benefit period has been established and who subsequently becomes resident in Canada, continues to be entitled to receive benefits for not more than the maximum number of weeks referred to in subsection (7).

  • (9) Subject to subsection (10), the maximum number of weeks for which benefits may be paid in the benefit period, in respect of a claimant for whom a benefit period has been established in Canada and who subsequently becomes a claimant referred to in subsection (6), is the greater of

    • (a) the number of weeks for which the claimant has already received benefits in Canada; and

    • (b) the number of weeks to which the claimant would have been entitled under subsection (7) if the claimant had been temporarily or permanently resident in a place referred to in subsection (6) when the benefit period was established.

  • (10) In a claimant’s benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8) may, subject to the applicable maximums set out in paragraphs (7)(a) and (b), combine weeks of benefits to which they are entitled, but the maximum number of combined weeks is 50. If the benefit period is extended under subsection 10(13) of the Act, the maximum number of combined weeks equals the maximum number of weeks calculated under subsection 10(15) of the Act less two weeks.

  • (11) A claimant who is not a self-employed person is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if the claimant is outside Canada, with the approval of the Commission, in the course of the claimant’s employment under the Self-employment employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act.

  • (12) Subject to subsection (13), where a claimant makes a claim for the purposes of this section, the claim shall be sent in an envelope or package addressed to the Commission, by mail or by means of a confirmed delivery service.

  • (13) Where a claim is sent by the claimant to the Commission in a manner other than the manner required by subsection (12), the claim shall be reviewed by an employee of the Commission at the time of importation.

  • SOR/97-31, s. 21
  • SOR/2000-393, s. 1
  • SOR/2001-290, s. 3
  • SOR/2002-157, s. 4
  • SOR/2003-393, s. 10
  • SOR/2010-10, s. 26
  • SOR/2011-229, s. 3
  • SOR/2012-260, s. 1
  • SOR/2013-82, s. 15
  • SOR/2013-102, s. 13
  • SOR/2017-226, s. 11
 
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