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Employment Insurance Regulations (SOR/96-332)

Regulations are current to 2019-08-28 and last amended on 2019-03-17. Previous Versions

SCHEDULE III(Section 95)Interim Provisions

PART I
  • 1 The following is added before section 7:

      • 6.1 (1) Subject to subsection (2), the employment with an employer in any week of a person whose cash earnings are less than 20 per cent of the maximum weekly insurable earnings and who is employed for less than 15 hours is excluded from insurable employment.

      • (2) Where the cash earnings of a person for a pay period described in any of the following paragraphs are paid or payable to the person otherwise than in respect of weeks, subsection (1) does not apply to the employment of that person during any such pay period:

        • (a) a pay period that is a multiple of a week where

          • (i) the person has cash earnings for each week in the pay period, and the cash earnings for the pay period are equal to or exceed an amount that is a like multiple of the amount of cash earnings referred to in subsection (1), or

          • (ii) the person is employed in each week in the pay period and the total number of hours of employment in the pay period is equal to or exceeds a number of hours that is a like multiple of 15;

        • (b) a pay period that is a semi-monthly pay period where

          • (i) the person has cash earnings for each week or part of a week that falls in the pay period, and the cash earnings for the pay period are equal to or exceed an amount that is 2 1/6 times the amount of cash earnings referred to in subsection (1), or

          • (ii) the person is employed in each week or part of a week that falls in the pay period, and the total number of hours of employment in the pay period is 33 hours or more;

        • (c) a pay period that is a monthly pay period where

          • (i) the person has cash earnings for each week or part of a week that falls in the pay period, and the cash earnings for the pay period are equal to or exceed an amount that is 4 1/3 times the amount of cash earnings referred to in subsection (1), or

          • (ii) the person is employed in each week or part of a week that falls in the pay period, and the total number of hours of employment in the pay period is 65 hours or more;

        • (d) a pay period of seven consecutive days that begins on a day other than Sunday, where

          • (i) the person has cash earnings for the pay period and the cash earnings for the pay period are equal to or exceed 20 per cent of the maximum weekly insurable earnings, or

          • (ii) the person is employed in the pay period for a total number of hours that is equal to or exceeds 15 hours; or

        • (e) a pay period that consists of more than one period of seven consecutive days and that begins on a day other than Sunday, where

          • (i) the person has cash earnings for each period of seven consecutive days in the pay period, and the cash earnings for the pay period are equal to or exceed the product obtained by multiplying the amount of cash earnings referred to in subsection (1) by the number of periods of seven consecutive days in the pay period, or

          • (ii) the person is employed in each period of seven consecutive days in the pay period and the total number of hours of employment in the pay period is equal to or exceeds the product obtained by multiplying 15 by the number of periods of seven consecutive days in the pay period.

PART I.1
  • 1.1 The following applies in place of section 12:

    Prescribed Weeks
      • 12 (1) For the purposes of paragraph 7(4)(c) of the Act, a prescribed week is:

        • (a) a week in respect of which a claimant has received or will receive

          • (i) workers’ compensation payments, other than a lump sum or pension paid in full and final settlement of a claim made for workers’ compensation payments,

          • (ii) under a wage-loss indemnity plan, any earnings by reason of illness, injury, quarantine, pregnancy or care of a child or children referred to in subsection 23(1) of the Act,

          • (iii) indemnity payments referred to in paragraph 35(2)(f), or

          • (iv) earnings because of which, pursuant to section 19 of the Act, no benefits are payable to the claimant;

        • (b) a week in which the claimant was

          • (i) attending a course or program of instruction or training to which the claimant was referred by the Commission or by an authority designated by the Commission,

          • (ii) employed under the Self-employment employment benefit or the Job Creation Partnerships 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,

          • (iii) prevented from establishing an interruption of earnings by virtue of the allocation of earnings pursuant to section 36,

          • (iv) serving a week of the waiting period, or

          • (v) disqualified; or

        • (c) a week of unemployment due to a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed.

      • (2) For the purposes of subsection (1), where a week is taken into account under any paragraph or subparagraph of that subsection, that week may not be taken into account under any other paragraph or subparagraph of that subsection.

PART II
  • 2 The following applies in place of sections 19 to 21:

    Information Relating to Employment History
      • 19 (1) Every employer who employs a person in insurable employment shall, if that person has an interruption of earnings, complete a record of employment in quadruplicate with respect to that person on a form supplied by the Commission.

      • (2) Subject to subsection (3), copies of the record of employment completed pursuant to subsection (1) shall be distributed in the following manner:

        • (a) the copies marked “Employee’s copy: Part 1” and “Employee’s copy: Part 2” shall be delivered or mailed to the insured person not later than five days after the later of

          • (i) the first day of the interruption of earnings, and

          • (ii) the day on which the employer becomes aware of the interruption of earnings;

        • (b) the copy marked “Commission’s copy” shall be mailed to the Commission within the time limit set out in paragraph (a); and

        • (c) the copy marked “Employer’s copy” shall be kept and retained as a part of the employer’s records and books of account in accordance with subsection 87(3) of the Act.

      • (3) If, for reasons beyond the employer’s control, the employer is unable to deliver or mail the copies marked “Employee’s copy: Part 1” and “Employee’s copy: Part 2” of the completed record of employment to the insured person within the time limit set out in paragraph (2)(a), the employer shall retain them until

        • (a) such time as they are requested by the Commission or insured person, or

        • (b) 52 weeks after the time limit set out in paragraph (2)(a),

        whichever is earlier.

      • (4) The number of weeks of insurable employment and insurable earnings reported in a record of employment with respect to an insured person shall be as determined and allocated pursuant to Parts III and IV of the Act and any regulations made under those Parts, but sections 35 and 36 of these Regulations shall not apply in respect of any such determination.

      • (5) Where the earnings of a claimant for a pay period that is current when the claimant has a lay-off or separation from employment cannot be ascertained with accuracy, the employer may estimate the earnings for that period.

      • 20 (1) Where an employer has failed to deliver a record of employment to an insured person or the Commission pursuant to section 19 or the employer is not available or is unable to provide information respecting the employment history and insurable earnings of a claimant because the employer’s records are destroyed or lost, a claimant may provide a statement containing evidence of their employment history and insurable earnings.

      • (2) All the weeks of insurable employment reported in a record of employment shall be determined to have occurred consecutively and to be weeks that immediately preceded and included the week in which the lay-off or separation occurred.

      • (3) Notwithstanding subsection 19(4) and section 23, for the purposes of Part I of the Act, the number of weeks of insurable employment in any one employment period of a claimant shall not be greater than the number of weeks or part weeks that falls within that employment period.

      • (4) Where a bankrupt employer or the trustee of the bankrupt employer has not provided the Commission with a record of employment for an insured person, the Commission may, in respect of that person, determine the number of insurable weeks and the amount of insurable earnings for benefit purposes on the basis of the payroll and personnel records of the bankrupt employer provided to the Commission by the trustee.

  • 3 The following applies in place of sections 22 to 24.

  • 22 The earnings to be taken into account for the purpose of determining the average weekly insurable earnings for the purposes of section 14 of the Act as set out in section 6 of Schedule II to the Act are those earnings for which a premium was payable.

  • 23 For the purposes of Part I of the Act, where a claimant’s earnings were paid or payable in the qualifying period for a period otherwise than in respect of weeks (hereinafter called the “pay period”), the number of weeks that are to be taken as weeks of insurable employment in any one employment period shall

    • (a) where the pay period consists of seven consecutive days and begins on a day other than Sunday and

      • (i) the claimant has cash earnings for each pay period and the cash earnings for the pay period are equal to or exceed 20 per cent of the maximum weekly insurable earnings, or

      • (ii) the claimant is employed in each pay period for a total number of hours that is equal to or exceeds 15 hours,

      be equal to the number of pay periods; and

    • (b) where the pay period consists of more than one period of seven consecutive days and begins on a day other than Sunday and

      • (i) the claimant has cash earnings for each period of seven consecutive days in the pay period, and the cash earnings for the pay period are equal to or exceed the product obtained by multiplying the amount of cash earnings referred to in paragraph (a) by the number of periods of seven consecutive days in the pay period, or

      • (ii) the claimant is employed in each period of seven consecutive days in the pay period, and the total number of hours of employment in the pay period is equal to or exceeds the product obtained by multiplying 15 by the number of periods of seven consecutive days in the pay period,

      be equal to the number of periods of seven consecutive days in the pay period.

  • 4 The following applies in place of section 34:

      • 34 (1) A dependant of a claimant or of the spouse of a claimant is a person who is related to the claimant or the spouse in the manner described in subsection 251(6) of the Income Tax Act.

      • (2) The spouse of a claimant is the person who is married to the claimant, and includes a person described in subsection 252(4) of the Income Tax Act.

      • (3) For the purposes of paragraph 14(1)(b) of the Act as set out in section 6 of Schedule II to the Act, the following circumstances are prescribed as circumstances which must exist in relation to one or more dependants of a claimant or of the spouse of the claimant:

        • (a) a child tax benefit as provided for in section 122.61 of the Income Tax Act is payable to either the claimant or the spouse during the month in which the claimant makes a claim for the benefit rate prescribed by paragraph 14(1)(b) of the Act as set out in section 6 of Schedule II to the Act; or

        • (b) the claimant or the spouse provides support to a dependant of the claimant or of the spouse of the claimant.

  • 5 The following applies in place of the table to subsection 55(7):

    TABLE

    Column IColumn II
    Number of Weeks of Insurable EmploymentNumber of Weeks of Benefits
    1210
    1310
    1411
    1511
    1612
    1712
    1813
    1913
    2014
    2114
    2215
    2315
    2416
    2516
    2617
    2717
    2818
    2918
    3019
    3119
    3220
    3320
    3421
    3521
    3622
    3722
    3823
    3923
    4024
    4125
    4226
    4327
    4428
    4529
    4630
    4731
    4832
    4933
    5034
    5135
    5236
  • 6 The following applies in place of paragraph 93(1)(c):

    • (c) has had 20 or more weeks of insurable employment in their qualifying period.

  • SOR/96-436, s. 2
 
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