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Employment Insurance Regulations (SOR/96-332)

Regulations are current to 2021-10-07 and last amended on 2021-09-26. Previous Versions

PART IVPilot Projects (continued)

Pilot Project Relating to Earned Income While Receiving Benefits (continued)

  •  (1) The purpose of Pilot Project No. 20 is also to test which method, the one described in subsection 77.94(3) or the one described in subsection 77.99(3), is more effective in encouraging claimants to work more while receiving benefits.

  • (2) A claimant may elect to have subsection 77.94(3), instead of subsection 77.99(3), apply to earnings received during all weeks of unemployment included in a benefit period, or the portion of a benefit period, that falls within the period beginning on August 7, 2016 and ending on August 11, 2018.

  • (3) Any election made under section 77.98 in respect of a benefit period is deemed to apply to earnings received during all weeks of unemployment included in the portion of that benefit period that falls within the period beginning on August 7, 2016 and ending on August 11, 2018 if 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 on or after August 7, 2016.

  • (4) A claimant who was eligible to make an election under section 77.98 in respect of a benefit period that began before August 7, 2016 and has not ended on or before that day may make an election under subsection (2) in respect of that benefit period if the last notification of payment or non-payment of benefits in respect of that benefit period is issued to the claimant on or after August 7, 2016.

  • (5) 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 August 11, 2018, whichever is earlier. The election is irrevocable.

  • (6) 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 beginning on the day on which the deadline expired and ending on the day on which the claimant informs the Commission of their election.

  • (7) 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 Act.

  • SOR/2016-162, s. 3

Pilot Project Relating to Increased Weeks of Benefits for Seasonal Workers

  •  (1) Pilot Project No. 21 is established for the purpose of testing the effectiveness of a mechanism that targets persons who meet the criteria set out in subsection (2) and testing the outcomes of increasing the number of weeks of benefits paid to the targeted population.

  • (2) Pilot Project No. 21 applies to every claimant who meets the following criteria:

    • (a) the date on which a benefit period is established falls within the period beginning on August 5, 2018 and ending on September 25, 2021;

    • (b) at the time that the benefit period is established, the claimant is ordinarily resident in a region described in Schedule I that is set out in Schedule II.92;

    • (c) in the 260 weeks before the beginning of the benefit period referred to in paragraph (a), at least three benefit periods had been established during which regular benefits were paid or payable; and

    • (d) at least two of the benefit periods referred to in paragraph (c) had begun around the same time of year as the benefit period referred to in paragraph (a) began.

  • (3) For the purposes of paragraph (2)(c), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.

  • (4) For the purposes of paragraph (2)(d), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is

    • (a) 52 weeks before the first week of the benefit period referred to in paragraph (2)(a);

    • (b) 104 weeks before the first week of the benefit period referred to in paragraph (2)(a);

    • (c) 156 weeks before the first week of the benefit period referred to in paragraph (2)(a);

    • (d) 208 weeks before the first week of the benefit period referred to in paragraph (2)(a); or

    • (e) 260 weeks before the first week of the benefit period referred to in paragraph (2)(a).

  • (5) Despite subsection 12(2) of the Act, 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. 21 shall be determined in accordance with the table set out in Schedule II.93 by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.

PART VAdministrative Provisions

Reconsideration under Section 112 of the Act

  •  (1) For the purposes of section 112 of the Act, a request for reconsideration of a decision of the Commission must be in writing and contain the following information:

    • (a) the name of the person making the request and their

      • (i) social insurance number or the business number assigned to them by the Minister of National Revenue, as the case may be,

      • (ii) address and telephone number, and

      • (iii) facsimile number and email address, if any;

    • (b) the date on which the decision was communicated to the person;

    • (c) the reasons why the person is requesting a reconsideration of the decision; and

    • (d) any relevant information that was not previously provided to the Commission.

  • (2) A request for reconsideration must be filed with the Commission at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Commission on the website of the Department of Employment and Social Development.

  • 2013, c. 40, s. 237
  • SOR/2013-64, s. 3

 The Commission must render decisions on requests for reconsideration without delay.

  • SOR/2013-64, s. 3

Suspension of Benefits Pending Appeal

 Benefits are not payable in accordance with a decision of the Employment Insurance Section of the Social Security Tribunal if, within 21 days after the day on which a decision is given, the Commission makes an application for leave to appeal to the Appeal Division of that Tribunal on the ground that the Employment Insurance Section has erred in law.

  • SOR/2013-64, s. 3

 If the Commission makes an application under the Federal Courts Act for judicial review of a decision of the Appeal Division of the Social Security Tribunal, benefits are not payable in respect of the claim for benefits that is the object of the decision until the final determination of the application for judicial review.

  • SOR/2013-64, s. 3
  •  (1) If a decision of the General Division of the Social Security Tribunal that declares a provision of the Act or these Regulations to be ultra vires is appealed by the Commission to the Appeal Division of that Tribunal, benefits are not payable in respect of the claim for benefits that is the object of the decision — nor in respect of any other claim for benefits made after the decision of the General Division, if benefits would not be payable except for that decision — until

    • (a) the final determination of the appeal by the Appeal Division; or

    • (b) the final determination of any application made by the Commission under the Federal Courts Act for judicial review of the final determination of the appeal by the Appeal Division, if the final determination of the appeal declares the provision of the Act or these Regulations to be ultra vires.

  • (2) If the Commission makes an application under the Federal Courts Act for judicial review of a decision of the Appeal Division of the Social Security Tribunal that declares a provision of the Act or these Regulations to be ultra vires, benefits are not payable in respect of the claim for benefits that is the object of the decision — nor in respect of any other claim for benefits made after the decision of the Appeal Division, if benefits would not be payable except for that decision — until the final determination of the application for judicial review.

  • SOR/2013-64, s. 3

 [Repealed, SOR/2013-64, s. 2]

 [Repealed, SOR/2013-64, s. 2]

 [Repealed, SOR/2013-64, s. 2]

 [Repealed, SOR/2013-64, s. 2]

 [Repealed, SOR/2013-64, s. 2]

Payment of Benefits Pending a Coverage Decision

  •  (1) Subject to subsection (2), where a request is made to an officer of the Canada Customs and Revenue Agency under paragraph 90(1)(a), (b), (c) or (d) of the Act for a ruling on the question of whether a claimant is or was employed in insurable employment for any number of hours in a particular period of employment or alleged employment, no benefits are payable in respect of any hour that is the subject of the ruling until the later of

    • (a) the day on which the officer's ruling on the question becomes final; and

    • (b) the day on which

      • (i) where an appeal from the ruling of that officer is made to the Minister of National Revenue, the decision of the Minister becomes final,

      • (ii) where an appeal from the decision of the Minister of National Revenue is filed with the Tax Court of Canada pursuant to section 103 of the Act, the decision of the Tax Court becomes final,

      • (iii) where an application is made to the Federal Court of Appeal pursuant to section 28 of the Federal Courts Act to review and set aside the decision of the Tax Court of Canada, the decision of the Federal Court of Appeal becomes final, or

      • (iv) if an application is made to the Supreme Court of Canada for leave to appeal from the decision of the Federal Court of Appeal, the final decision of the Supreme Court of Canada is given.

  • (2) Subsection (1) does not apply if the claimant qualifies to receive benefits under the Act on the basis of hours of insurable employment other than the hours that are the subject of the application.

  • 2002, c. 8, s. 182
  • SOR/2003-43, s. 4

Social Insurance Numbers

  •  (1) Every person employed in insurable employment who is required by section 138 of the Act to have a Social Insurance Number and who has not yet applied to be registered in the register maintained by the Commission under subsection 28.1(2) of the Department of Employment and Social Development Act shall, within three days after the day on which the employment begins, apply to the Commission to be registered.

  • (2) An employer who hires a person in insurable employment shall ask the employee, within three days after the day on which the employment begins, to inform the employer of their Social Insurance Number.

  • (3) Every person who becomes employed in insurable employment shall, within three days after the day on which the employment begins, inform their employer of their Social Insurance Number.

  • (4) However, a person who becomes employed in insurable employment before being registered shall inform their employer of their Social Insurance Number within three days after the day on which they receive it.

  • (5) An employer who is unable to ascertain the Social Insurance Number of a person who becomes employed in insurable employment shall, within six days after the day on which the employment begins, report the matter to the local office of the Commission and provide it with the information necessary to identify the person.

  • (6) In the case of a person who is employed in insurable employment, when the period of their Social Insurance Number validity has been extended, a new period of validity has been assigned to their number, or a new Social Insurance Number has been assigned to them, that person shall inform their employer of that change within three days after the day on which they are informed of that change.

  • SOR/97-31, s. 22
  • SOR/2003-109, s. 1
  • 2013, c. 40, s. 236
  • SOR/2013-82, s. 17
  • SOR/2018-136, s. 1

Electronic Systems

 Where any information is provided to the Commission in electronic or other form for the purposes of the Act or the regulations made under the Act, it shall be provided in a form and manner approved by the Commission.

  •  (1) A claimant who makes an initial claim for benefits, or a claim for benefits for a week of unemployment, by telephone or other electronic means, and provides the information required by section 50 of the Act, is deemed

    • (a) to have expressed an intention to make a claim for benefits and to have made such a claim for the purposes of section 48, 49 or 152.1 of the Act, as the case may be; and

    • (b) to have supplied the information recorded on the dated printout from the Commission's computerized benefit pay system as responses to the questions posed by the interactive response system by telephone or other electronic means.

  • (2) A claimant who provides their Social Insurance Number and the following information by telephone or other electronic means is deemed to have signed their respective claim for benefit:

    • (a) in the case of an initial claim for benefits, their date of birth and, if the initial claim is made by electronic means, the maiden name of the claimant's mother; and

    • (b) in the case of a claim for benefits for a week of unemployment, their personal identification number.

  • (3) A claim for benefits that is made by the means referred to in subsection (1) is deemed to have been made on the day that the information is received and recorded by the Commission's computerized benefit pay system.

  • (4) For greater certainty, sections 38 and 135 of the Act apply to a declaration made by electronic means.

  • (5) The acts and omissions specified in subsections 38(1) and 135(1) of the Act are deemed to include the acts and omissions of a person who knowingly attempts to interfere with the operation of the electronic systems used in the administration of the Act, and the penalty provided for by subsection 38(2) of the Act and the punishment provided for by subsection 135(3) of the Act are deemed to include the right to refuse access to those electronic systems to such a person.

  • SOR/2002-274, s. 4
  • SOR/2010-10, s. 29
 
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