Employment Insurance Regulations (SOR/96-332)

76.21 (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.