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Employment Insurance Regulations (SOR/96-332)

Regulations are current to 2019-11-19 and last amended on 2019-03-17. Previous Versions

Employment Insurance Regulations

SOR/96-332

EMPLOYMENT INSURANCE ACT

Registration 1996-06-28

Employment Insurance Regulations

P.C. 1996-1056 1996-06-28

His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Immigration, pursuant to subsections 5(4), (6) and (7), paragraphs 7(4)(c), 7.1(6)(b) and 8(2)(a), section 16, paragraph 18(b), subsections 19(1), (3) and (4), section 24, paragraph 25(1)(b), subsection 36(2), section 37, subsections 42(3) and 50(4), section 54, subsections 55(1) and 60(3), sections 69, 109 and 110, subsections 111(5) and 114(1), section 116, paragraph 121(2)(b) and sections 123, 139, 143, 153.1 and 167 of the Employment Insurance ActFootnote a and paragraph 5(6)(g) set out in section 2 of Schedule II and section 14 set out in section 6 of Schedule II to that Act, hereby approves the annexed Employment Insurance Regulations, made by the Canada Employment and Immigration Commission.

Interpretation

  •  (1) The definitions in this subsection apply in these Regulations.

    Act

    Act means the Employment Insurance Act. (Loi)

    pay period

    pay period means the period in respect of which earnings are paid to or enjoyed by an insured person. (période de paie)

    self-employed person

    self-employed person, other than in sections 30 and 35, has the same meaning as in subsection 152.01(1) of the Act. (travailleur indépendant)

  • (2) For the purposes of these Regulations and section 5 of the Act, international organization means

    • (a) any specialized agency of which Canada is a member that is brought into relationship with the United Nations in accordance with article 63 of the Charter of the United Nations; and

    • (b) any international organization of which Canada is a member, the primary purpose of which is the maintenance of international peace or the economic or social well-being of a community of nations. (organisme international)

  • (3) The following definitions apply in these Regulations and in subsections 23.1(2), 23.2(1), 23.3(1), 152.06(1), 152.061(1) and 152.062(1) of the Act.

    family member

    family member, in relation to an individual, means any one of the following:

    • (a) the spouse or common-law partner of the individual;

    • (b) a child of the individual or a child of the individual’s spouse or common-law partner;

    • (c) a parent of the individual or a spouse or common-law partner of the parent;

    • (d) a child of the individual’s parent or a child of the spouse or common-law partner of the individual’s parent;

    • (e) a grandparent of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s grandparent;

    • (f) a grandchild of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s grandchild;

    • (g) the spouse or common-law partner of the individual’s child or of the child of the individual’s spouse or common-law partner;

    • (h) a parent, or the spouse or common-law partner of a parent, of the individual’s spouse or common-law partner;

    • (i) the spouse or common-law partner of a child of the individual’s parent or of a child of the spouse or common-law partner of the individual’s parent;

    • (j) a child of a parent of the individual’s spouse or common-law partner or a child of the spouse or common-law partner of the parent of the individual’s spouse or common-law partner;

    • (k) an uncle or aunt of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s uncle or aunt;

    • (l) a nephew or niece of the individual or of the individual’s spouse or common-law partner or the spouse or common-law partner of the individual’s nephew or niece;

    • (m) a current or former foster parent of the individual or of the individual’s spouse or common-law partner;

    • (n) a current or former foster child of the individual or the spouse or common-law partner of that child;

    • (o) a current or former ward of the individual or of the individual’s spouse or common-law partner;

    • (p) a current or former guardian of the individual or the spouse or common-law partner of that guardian;

    • (q) a person, whether or not related to the individual by marriage, common-law partnership, or any legal parent-child relationship, whom the individual considers to be like a close relative or who considers the individual to be like a close relative. (membre de la famille)

    nurse practitioner

    nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (infirmier praticien)

  • (4) For the purpose of the definition family member in subsection (3), guardian means a person who is legally authorized to act on behalf of a minor or incapable adult and includes a tutor, curator, mandatary acting under a protection mandate or any person who is appointed to act in a similar capacity and ward means a person for whom a guardian is appointed.

  • (5) The following definitions apply in these Regulations and in paragraphs 23.‍1(2)‍(b), 23.‍2(1)‍(a), 23.‍3(1)‍(a), 152.‍06(1)‍(b), 152.‍061(1)‍(a) and 152.‍062(1)‍(a) of the Act.

    care

    care means all care that is required because of the state of health of a family member referred to in subsections 23.1(2) or 152.06(1) of the Act, of a critically ill child or of a critically ill adult, other than the care provided by a health care professional. (soins)

    support

    support means all psychological or emotional support that is required because of the state of health of a family member referred to in subsections 23.1(2) or 152.06(1) of the Act, of a critically ill child or of a critically ill adult. (soutien)

  • (6) The following definition applies in these Regulations and in subsection 23.2(1) and 152.061(1) of the Act.

    critically ill child

    critically ill child means a person who is under 18 years of age on the day on which the period referred to in subsection 23.2(3) or 152.061(3) of the Act begins, whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury. (enfant gravement malade)

  • (7) The following definition applies in these Regulations and in subsections 23.3(1) and 152.062(1) of the Act.

    critically ill adult

    critically ill adult means a person who is 18 years of age or older on the day on which the period referred to in subsection 23.3(3) or 152.062(3) of the Act begins, whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury. (adulte gravement malade)

  • SOR/2010-10, s. 1
  • SOR/2013-102, s. 1
  • SOR/2017-226, s. 1

Insurable Employment

Employment Included in Insurable Employment

  •  (1) Employment in Canada by Her Majesty in right of a province that would, except for paragraph 5(2)(c) of the Act, be insurable employment is included in insurable employment if the government of the province enters into an agreement with the Commission whereby that government agrees to waive exclusion and to insure all its employees engaged in such employment.

  • (2) For greater certainty, employment in Canada by Her Majesty in right of a province, for the purposes of subsection (1), includes only employment in Canada of employees who are appointed and remunerated under an Act governing that province's public service, or who are employed in Canada by a corporation, commission or other body that is an agent of Her Majesty in right of the province.

  •  (1) Employment in Canada by the government of a country other than Canada or of any political subdivision of that other country, or by an international organization, that would, except for paragraphs 5(2)(d) and (e) of the Act, be insurable employment, may be included in insurable employment if the employing government or the international organization, as the case may be, consents in writing to its inclusion.

  • (2) Where a consent has been given pursuant to the Unemployment Insurance Regulations, as they read immediately before June 30, 1996, and has not been revoked, it shall be considered to be a consent referred to in subsection (1).

 Employment on a ship outside Canada or partly outside Canada that would be insurable employment if it were in Canada is included in insurable employment if that employment is

  • (a) on a ship of Canadian registry or licence, except where that ship is regularly employed in voyages between ports outside Canada and has been chartered to a person resident outside Canada; or

  • (b) on a ship, other than a ship of Canadian registry or licence, where

    • (i) the ship has been chartered to a person resident in Canada and is regularly employed in voyages from a port in Canada,

    • (ii) the operation of the ship is principally controlled in Canada and regularly employed in voyages from a port in Canada and the owner or managing owner of the ship resides or has a place of business in Canada, or

    • (iii) any employment on that ship is subject to the provisions of the Act by virtue of an agreement between the Government of Canada and the government of the jurisdiction in which that ship is registered.

 
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