Employment Insurance Regulations (SOR/96-332)

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.