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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

PART IBenefits (continued)

[SOR/2010-10, s. 3]

Allocation of Insurable Earnings (continued)

[SOR/97-31, s. 11]

 For the purposes of paragraph 14(3)(b) of the Act, the insurable earnings paid or payable to the claimant, during the qualifying period, by reason of lay-off or separation from employment is the lesser of

  • (a) the actual amount of those earnings, and

  • (b) the amount calculated in accordance with the following formula:

    A x 0.18

    where

    A
    is the claimant’s insurable earnings during the calculation period — not including those referred to in paragraph (a) — paid or payable for the employment that gave rise to the earnings referred to in that paragraph.
  • SOR/97-31, s. 13
  • SOR/2013-45, s. 3
  • SOR/2013-189, s. 1

 [Repealed, SOR/2013-45, s. 3]

Exclusion of Certain Insurable Earnings in the Calculation of the Rate of Weekly Benefits of a Self-employed Person

 For the purposes of paragraph 152.16(1)(b) of the Act, the following insurable earnings are not taken into account in the calculation of the rate of weekly benefits of a self-employed person:

  • (a) insurable earnings from any employment that they lost because of their misconduct or that they voluntarily left without just cause within the meaning of paragraphs 29(b.1) and (c) of the Act; and

  • (b) insurable earnings in the qualifying period earned before the beginning of a prior benefit period established under Part I of the Act or regulations made under Part VIII of the Act for the self-employed person as an insured person.

  • SOR/2010-10, s. 8

Week of Benefits

  •  (1) For the purpose of section 145 of the Act, a claimant is considered to have been paid a week of benefits when the total of the percentages of benefits paid for one or more weeks of unemployment equals 100.

  • (2) For the purpose of subsection (1), the percentage of benefits paid for a week shall be obtained by dividing the amount of the benefits paid to the claimant for that week by the rate of weekly benefits applicable to that week.

  • SOR/2001-516, s. 1
  • SOR/2016-206, s. 2

Election to Receive Benefits Payable Under Part I or VII.1 of the Act

 The election referred to in subsection 152.09(1) of the Act shall be made to the Commission in writing.

  • SOR/2010-10, s. 9

Claim for Benefits

  •  (1) Subject to subsection (2), a claim for benefits for a week of unemployment in a benefit period shall be made by a claimant within three weeks after the week for which benefits are claimed.

  • (2) Where a claimant has not made a claim for benefits for four or more consecutive weeks, the first claim for benefits after that period for a week of unemployment shall be made within one week after the week for which benefits are claimed.

  •  (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) of the Act,

      • (v) the period referred to in subsection 23.3(3) 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), (e) or (f) 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, 23.2 or 23.3 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, 23.2 or 23.3 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
  • SOR/2017-226, s. 4

Persons with Mental Disabilities, Incapacitated Persons and Deceased Persons

  •  (1) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission on behalf of a person with mental disabilities or an incapacitated person, the Commission shall authorize payment of the benefits to any person acting on behalf of the person if the person on whose behalf the claim is made meets the requirements of Part I, VII.1 or VIII of the Act.

  • (2) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefits to the legal representative if the deceased person, at the time of death, met the requirements of Part I, VII.1 or VIII of the Act.

  • (3) For the purposes of subsection (2), "legal representative" means the executor or administrator of the estate of the deceased person.

  • (4) Notwithstanding subsection (2), any person entitled to succeed to the property of a deceased person may make a claim for benefits, in accordance with subsections (5) and (6), which benefits are payable to the person where the total value of the estate of the deceased person is not sufficient to warrant obtaining

    • (a) in the case of an intestate succession, letters of administration; or

    • (b) in the case of a testate succession, probate of the will of the deceased person.

  • (5) The claim for benefits referred to in subsection (4) shall be made on a form supplied by the Commission and shall include

    • (a) a statutory declaration, signed by the applicant, stating that the applicant is a person entitled to succeed to the property of the deceased person; and

    • (b) an undertaking signed by the applicant to repay to the Receiver General any moneys paid in error to the applicant.

  • (6) When making a claim for benefits referred to in subsection (4), the applicant shall also submit

    • (a) a copy of the will of the deceased person, if one exists; and

    • (b) a release of all claims in respect of the amount payable, signed by all persons other than the applicant, if any, who are entitled to succeed to the property of the deceased person.

  • SOR/2010-10, s. 10
 
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