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Employment Insurance Regulations

Version of section 26.1 from 2013-06-09 to 2017-12-02:

  •  (1) The definitions in this subsection apply in this section.

    condition of entitlement to benefits

    condition of entitlement to benefits means any requirement, circumstance or condition referred to in subsection 49(1) of the Act. (condition d'admissibilité au bénéfice des prestations)

    period of eligibility

    period of eligibility means

    • (a) in respect of the benefits referred to in subparagraph (2)(c)(i), one of the following periods, to which is added the waiting period referred to in section 13 of the Act if that period has not already been served:

      • (i) the period referred to in subsection 22(2) of the Act and any extension of that period,

      • (ii) the period referred to in subsection 23(2) of the Act,

      • (iii) the period referred to in subsection 23.1(4) of the Act,

      • (iv) the period referred to in subsection 23.2(3) or (4) of the Act;

    • (b) in respect of the benefits referred to in subparagraph (2)(c)(ii), the period during which the claimant attends a course or program, referred to in paragraph 25(1)(a) of the Act, that is an apprenticeship course or an apprenticeship program; and

    • (c) in respect of the benefits referred to in subparagraph (2)(c)(iii), the period during which the claimant is employed in work-sharing employment referred to in section 24 of the Act. (période d’admissibilité)

  • (2) Notwithstanding section 26, a claimant is not required to make periodic claims for benefits in accordance with that section where

    • (a) the claimant makes an initial claim for benefits or a claim in respect of which subsection 26(2) applies;

    • (b) the claimant's period of eligibility ends after June 26, 1999;

    • (c) the claimant makes a claim for benefits in respect of every week of unemployment in the claimant's period of eligibility

      • (i) for a reason set out in paragraph 12(3)(a), (b), (d) or (e) of the Act,

      • (ii) under section 25 of the Act, to attend an apprenticeship course or an apprenticeship program, or

      • (iii) under section 24 of the Act, to receive work-sharing benefits, and

    • (d) the claimant completes a form, provided by the Commission, stating that

      • (i) to the best of the claimant’s knowledge at the time of completing the form, there are no conditions of entitlement to benefits that will not be met for each week in the period of eligibility, except in respect of earnings that may be deducted under section 19, 22, 23, 23.1 or 23.2 of the Act during that period,

      • (ii) the claimant will notify the Commission as soon as possible if the claimant ceases to meet a condition of entitlement to benefits at any time during the period of eligibility and failure to meet that condition has the effect of reducing or eliminating any benefits for any week in the period of eligibility, or if the claimant has earnings referred to in subparagraph (i) in respect of that period, and

      • (iii) the claimant will notify the Commission at the end of the period of eligibility whether or not they have met the conditions of entitlement to benefits for each week in the period of eligibility and whether or not they have declared all earnings that could be deducted under section 19, 22, 23, 23.1 or 23.2 of the Act during that period.

  • (3) If the Commission becomes aware that the claimant does not meet a condition of entitlement to benefits during the claimant's period of eligibility, this section shall cease to apply in respect of the claimant's claim for benefits as of the date on which the Commission becomes aware of the claimant's failure to meet the condition.

  • SOR/99-241, s. 1
  • SOR/2003-393, s. 2
  • SOR/2009-96, s. 2
  • SOR/2011-229, s. 1(E)
  • SOR/2013-102, s. 6
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