PART VIAlternate Access to Special Benefits
(2) Notwithstanding section 9 of the Act, where an insured person who qualifies under subsection (1) to receive special benefits makes an initial claim for benefits, a benefit period shall be established in respect of the person and, once it is established, special benefits are payable to the person in accordance with this section for each week of unemployment that falls in the benefit period.
(3) Subject to subsection (4), sections 22 to 23.3 of the Act apply to the payment of special benefits under this section.
(4) Notwithstanding section 18 of the Act, a claimant is not entitled to be paid special benefits for a working day, in a benefit period established under this section, in respect of which the claimant fails to prove that on that day the claimant was
(4.1) A claimant to whom benefits are payable under any of sections 23 to 23.3 of the Act and whose claim for benefits because of illness, injury or quarantine is made for a week that begins on or after the day on which this subsection comes into force is not disentitled under paragraph (4)(a) for failing to prove that they would have been available for work were it not for the illness, injury or quarantine.
(5) Subject to section 18 of the Act, regular benefits and additional special benefits are payable for a week of unemployment to a claimant who has received special benefits under this section where
(a) the claimant has accumulated, since the beginning of their benefit period, a number of hours of insurable employment that, when added to the number of those hours in their qualifying period, equal or exceed the number of hours set out in the table to subsection 7(2) of the Act in relation to the regional rate of unemployment that was applicable to the claimant at the beginning of their benefit period; and
(b) any regular benefits or additional special benefits are payable to the claimant in that benefit period in accordance with the Act, based on the hours of insurable employment in the claimant's qualifying period.
(6) Except as otherwise provided in this section, the provisions of the Act and these Regulations apply to claimants claiming benefits under this section.
- SOR/2000-393, s. 3
- SOR/2003-393, s. 14
- SOR/2013-26, s. 3
- SOR/2013-102, s. 19
- SOR/2014-214, s. 1
- SOR/2016-206, s. 9
- SOR/2017-226, s. 19
PART VIITransitional Provisions and Coming into Force
94 During the period beginning on June 30, 1996 and ending on January 4, 1997, a reference to "hours" in each of the following provisions shall be read as a reference to "weeks", with such modifications as the circumstances require:
(a) subsection 35(3);
(b) paragraph 35(7)(e);
(c) subparagraph 37(2)(c)(ii);
(d) subparagraph 56(2)(b)(iv);
(e) section 88; and
(f) subsection 93(5).
94.1 Where, for the purposes of the Act and in respect of a benefit period established on or after January 5, 1997, a claimant presents evidence of a week of insurable employment that occurred before January 1, 1997, that week of insurable employment shall be considered to represent 35 hours of insurable employment.
- SOR/97-31, s. 24
94.2 Where, for the purposes of the Act and in respect of a benefit period established on or after January 5, 1997, a claimant presents evidence of insurable employment that occurred before January 1, 1997,
(a) the weeks of insurable employment shall be considered to fall consecutively backward beginning on whichever of the following days occurred first:
(b) if the number of weeks of insurable employment is
- SOR/97-31, s. 24
94.3 For the purpose of providing for the transition from weeks of insurable employment to hours of insurable employment where the remuneration for the last pay period beginning in December 1996 is paid to an insured person by their employer on or after January 1, 1997,
(a) the employer shall assess the insurability of the employment of that final pay period under these Regulations as they read on January 1, 1997; and
(b) the claimant shall, for the purposes of sections 7 and 12 of the Act, be determined to have worked in insurable employment for the greater of
- SOR/97-31, s. 24
94.4 Where, after January 5, 1997, section 59.1 of the Unemployment Insurance Regulations, as it read on June 29, 1996, applies and where the application of that section requires the consideration of insured weeks of employment in 1996 or earlier, section 94.1 of these Regulations shall be applied to convert those weeks in 1996 or earlier into hours and the number of weeks stipulated by paragraphs 59.1(2)(a) and (b) of the Unemployment Insurance Regulations shall be converted into an hourly equivalent by multiplying the number of weeks required by 35.
- SOR/97-310, s. 8
Coming Into Force
(1.1) Sections 10 to 12 come into force on January 1, 1997.
(2) Sections 19 to 21 come into force on January 1, 1997.
(3) Sections 22 to 24 and 34, the Table to subsection 55(7) and paragraph 93(1)(c) come into force on January 5, 1997.
(4) The provision set out in Part I of Schedule III applies during the period beginning on June 30, 1996 and ending on December 31, 1996.
(4.1) The provision set out in Part I.1 of Schedule III applies in place of section 12 listed in subsection (1.1) during the period beginning on September 12, 1996 and ending on December 31, 1996.
(5) The provisions set out in Part II of Schedule III apply in place of the provisions listed in subsections (2) and (3) from June 30, 1996 until the coming into force of those provisions.
- SOR/96-436, s. 1
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