Employment Insurance Regulations (SOR/96-332)

Regulations are current to 2019-06-20 and last amended on 2019-03-17. Previous Versions

PART III.1Reduction of Premiums for Employees Covered by a Provincial Plan and for their Employers (continued)

DIVISION 2Premium Reduction System (continued)

Premium Reduction (continued)

 The premium reduction rate determined under section 76.06 is to be published in Part 1 of the Canada Gazette by the Commission as soon as feasible after it is determined.

  • SOR/2005-366, s. 1
  • SOR/2015-128, s. 3

 The reimbursement amount paid by the Province of Quebec in accordance with section 4.5 of the Entente finale Canada-Québec sur le régime québécois d’assurance parentale, signed on March 1, 2005, shall be paid to the Receiver General and shall be considered as if it were an amount required to be paid into the Consolidated Revenue Fund under section 72 of the Act and shall be paid into that Fund.

  • SOR/2005-366, s. 1
  • 2010, c. 12, s. 2202

DIVISION 3Entitlement

Disentitlement

  •  (1) Subject to subsection (2), every claimant is disentitled to be paid benefits under section 22 or 23 of the Act if they are entitled to receive provincial benefits under a provincial plan.

  • (2) Subsection (1) does not apply if, at the request of the claimant, it is determined by the Commission that the amount of provincial benefits the claimant is entitled to receive under the provincial plan is not substantially equivalent to or greater than the amount of benefits that they are entitled to receive under section 22 or 23 of the Act.

  • (3) Every claimant who has received, or has applied for and is entitled to receive, provincial benefits under a provincial plan in respect of any week is disentitled to be paid benefits in respect of that same week under

  • (4) For greater certainty, subsections (1) to (3) apply in respect of a claimant who has applied for and is entitled to receive provincial benefits under a provincial plan even if the claimant, after making that application, ceases to reside in the province where that plan was established.

  • (5) For greater certainty, if two persons are caring for the same child or children and one of them is a claimant referred to in subsection (4),

    • (a) subsections (1) to (3) apply in respect of the other person if that other person is an insured person; and

    • (b) subsections 76.36(1) to (3) apply in respect of the other person if that other person is a self-employed person.

  • SOR/2005-366, s. 1
  • SOR/2010-301, s. 4

 [Repealed, SOR/2016-206, s. 3]

Insured Participant — Part II of the Act

 The definition insured participant in section 58 of the Act is adapted to include an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person who has a benefit period established under a provincial plan or has had that benefit period end within the previous 60 months and who would have been entitled to receive special benefits under section 22 or 23 of the Act had they not been entitled to provincial benefits.

  • SOR/2005-366, s. 1
  • SOR/2016-206, s. 4

 [Repealed, SOR/2016-206, s. 5]

Week Not Counted to Extend Qualifying Period

 The reference to “a week during which the person was in receipt of benefits” in subsection 8(5) of the Act shall be read as including a week for which the person was paid provincial benefits within the meaning of this Part or Part III.2.

  • SOR/2005-366, s. 1
  • SOR/2010-301, s. 7

Extension of the Benefit Period

 For the purpose of extending a claimant’s benefit period under subsection 10(13) of the Act,

  • (a) a reference in that subsection to benefits paid for one of the reasons mentioned in paragraphs 12(3)(a) and (b) of the Act is considered to include a reference to provincial benefits paid for the same reasons; and

  • (b) the reference in that subsection to “the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks” shall be read as a reference to “the benefit period is extended so that those benefits paid for one of the reasons mentioned in paragraphs 12(3)(c) to (f) may be paid up to the applicable maximum number of weeks established for those reasons”.

  • SOR/2005-366, s. 1
  • SOR/2013-102, s. 18
  • SOR/2017-226, s. 16

 If the child or children of a claimant who has received or is entitled to receive provincial benefits are hospitalized during the period referred to in subsection 23(2) of the Act, the claimant’s benefit period is considered to be extended under subsection 10(12) of the Act by the number of weeks during which the child or children are hospitalized.

  • SOR/2005-366, s. 1

Reduction of Benefits

 The benefits payable under section 22 or 23 of the Act to a claimant in respect of any week in respect of which the claimant has received or is entitled to receive provincial benefits shall be reduced as provided by section 76.17.

  • SOR/2005-366, s. 1

 An amount equal to the amount of the provincial benefits that a claimant has received or is entitled to receive in respect of any week under a provincial plan shall be deducted from the amount of benefits payable under section 22 or 23 of the Act to the claimant in respect of that same week, in addition to any deductions referred to in section 19 and subsections 22(5) and 23(3.5) of the Act.

  • SOR/2005-366, s. 1

No Double Counting of Weeks

 If a week of provincial benefits has been taken into account for the purpose of any of sections 76.11 to 76.14 or 76.19, a week of benefits paid under section 22 or 23 of the Act shall not be taken into account for that same purpose.

  • SOR/2005-366, s. 1
  • SOR/2016-206, s. 6

Payment of Benefits

  •  (1) Subject to subsection (2), the provincial benefits paid to a claimant in respect of a week in a benefit period are considered to be benefits paid in respect of a week under the Act if the claimant would have been entitled to the corresponding types of benefits under the Act, and any week in respect of which the claimant receives provincial benefits counts as a week for the purpose of calculating

    • (a) the overall maximum number of weeks for which benefits may be paid in a benefit period under paragraphs 12(3)(a) and (b) of the Act taken together; and

    • (b) the maximum number of weeks for which benefits may be paid under subsection 12(4) of the Act.

  • (1.1) A benefit period is deemed to be established when a benefit period was established under a provincial law, and it is deemed to have begun the same week as the period established under the provincial law if the claimant would have been entitled to the corresponding types of benefits under the Act in respect of the same period.

  • (2) Where a provincial plan provides for the optional payment of provincial benefits at an accelerated rate, such that the maximum amount of a particular type of provincial benefit payable under the plan may be paid to the claimant over fewer weeks, and the claimant is paid those benefits at the accelerated rate, the number of weeks of benefits that those weeks of provincial benefits represent under the Act shall be determined by multiplying the number of weeks of the particular type of provincial benefits paid to the claimant by the result obtained by dividing the maximum number of such weeks of benefits payable at the nonaccelerated rate by the maximum number of such weeks of benefits payable at the accelerated rate.

  • (3) If the determination of the number of weeks under subsection (2) results in a number that contains a fraction of a week, the number shall be rounded to the nearest multiple of one week or, if the amount is equidistant from two multiples of one week, to the higher multiple.

  • SOR/2005-366, s. 1
  • SOR/2010-301, s. 8

 If the maximum number of weeks referred to in paragraph 12(3)(a) or (b) or (4)(a) or (b) of the Act is less than the maximum number of weeks for which the corresponding types of benefits may be paid under a provincial plan, the excess number of weeks for which provincial benefits may be paid shall not be taken into account for the purpose of determining the maximum number of weeks referred to in that paragraph.

  • SOR/2005-366, s. 1

Persons Making Claims Under Different Regimes

  •  (1) Subsection (2) applies in respect of two persons who are caring for the same child or children and who do not reside in the same province at the time the first one of them makes an application under section 22 or 23 of the Act or an application for provincial benefits.

  • (2) Subject to subsection (3), where one of the two persons referred to in subsection (1) has applied for and is entitled to receive benefits under section 23 of the Act (referred to in this section as “the claimant”) and the other person has applied for and is entitled to receive provincial benefits (referred to in this section as “the provincial applicant”), unless they have entered into an agreement as to the number of weeks of such benefits they will each respectively apply for or there is a court order respecting the sharing of those weeks of benefits,

    • (a) if the number of weeks of benefits that the claimant would otherwise be entitled to receive under section 23 of the Act is an even number, the number of weeks of benefits payable to the claimant is half that number; and

    • (b) if that number is an odd number,

      • (i) where the claimant made the earlier application, one week of those benefits plus half of the remaining weeks of benefits is payable to the claimant, and

      • (ii) where the provincial applicant made the earlier application, half the number of weeks of benefits remaining, after deducting one week, are payable to the claimant.

  • (3) The maximum number of weeks of benefits that may be paid to the claimant under section 23 of the Act shall not be greater than

    • (a) in the case of a claimant who has, under subsection 23(1.1) of the Act, elected to receive benefits for the maximum number of weeks referred to in subparagraph 12(3)(b)(i) of the Act, the maximum number of weeks referred to in subparagraph 12(4)(b)(i) of the Act when the weeks of benefits are divided, less the number of weeks of provincial benefits that are paid to the provincial applicant, taking into account any weeks of provincial benefits that are paid at the accelerated rate referred to in subsection 76.19(2), if applicable; and

    • (b) in the case of a claimant who has, under subsection 23(1.1) of the Act, elected to receive benefits for the maximum number of weeks referred to in subparagraph 12(3)(b)(ii) of the Act, the number of weeks, rounded down to the nearest whole number, determined by the following formula:

      (A – B) × C/D

      where:

      A
      is the maximum number of weeks referred to in subparagraph 12(4)(b)(i) of the Act when the weeks of benefits are divided;
      B
      is the number of weeks of provincial benefits that are paid to the provincial applicant, taking into account any weeks of provincial benefits that are paid at the accelerated rate referred to in subsection 76.19(2), if applicable;
      C
      is the maximum number of weeks referred to in subparagraph 12(3)(b)(ii) of the Act; and
      D
      is the maximum number of weeks referred to in subparagraph 12(3)(b)(i) of the Act.
  • (4) The maximum number of weeks for which benefits may be paid to a claimant under subsection (3) is the maximum number of weeks established under subparagraph 12(3)(b)(i) or (ii) of the Act, in accordance with the election made under subsection 23(1.1) of the Act.

  • SOR/2005-366, s. 1
  • SOR/2017-226, s. 17
  • SOR/2019-58, s. 1
 
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