Employment Insurance Regulations (SOR/96-332)

46 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.

• 47 (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.

48 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.

49 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.

Employment Benefits

50 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

• 51 (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

51.1 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).

Loss of Part-time Employment Due to Work Stoppage

• 52 (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.

  Column I	Column II
  Percentage	Number of Days of Disentitlement
  more than 0 but not more than 10	0
  more than 10 but not more than 30	1
  more than 30 but not more than 50	2
  more than 50 but not more than 70	3
  more than 70 but not more than 90	4
  more than 90	5

Termination of Work Stoppage

• 53 (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.

Claimants Who Are Inmates of an Institution

• 54 (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.

Claimants Not In Canada

• 55 (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.

    	Column I	Column II
    Item	Number of Hours of Insurable Employment	Number of Weeks of Benefits
    1	420 - 454	10
    2	455 - 489	10
    3	490 - 524	11
    4	525 - 559	11
    5	560 - 594	12
    6	595 - 629	12
    7	630 - 664	13
    8	665 - 699	13
    9	700 - 734	14
    10	735 - 769	14
    11	770 - 804	15
    12	805 - 839	15
    13	840 - 874	16
    14	875 - 909	16
    15	910 - 944	17
    16	945 - 979	17
    17	980 - 1,014	18
    18	1,015 - 1,049	18
    19	1,050 - 1,084	19
    20	1,085 - 1,119	19
    21	1,120 - 1,154	20
    22	1,155 - 1,189	20
    23	1,190 - 1,224	21
    24	1,225 - 1,259	21
    25	1,260 - 1,294	22
    26	1,295 - 1,329	22
    27	1,330 - 1,364	23
    28	1,365 - 1,399	23
    29	1,400 - 1,434	24
    30	1,435 - 1,469	25
    31	1,470 - 1,504	26
    32	1,505 - 1,539	27
    33	1,540 - 1,574	28
    34	1,575 - 1,609	29
    35	1,610 - 1,644	30
    36	1,645 - 1,679	31
    37	1,680 - 1,714	32
    38	1,715 - 1,749	33
    39	1,750 - 1,784	34
    40	1,785 - 1,819	35
    41	1,820 or more	36

• (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.