Employment Insurance Regulations

24.2 (1) The definitions in this subsection apply in this section.

low-earning week

low-earning week means a week in respect of which a claimant has less than $225 of insurable earnings, excluding monies paid or payable by reason of lay-off or separation from employment. (semaine de faible rémunération)

regular-earning week

regular-earning week means a week in respect of which a claimant has $225 or more of insurable earnings, excluding monies paid or payable by reason of lay-off or separation from employment. (semaine de rémunération régulière)

(2) For the purposes of the definitions "low-earning week" and "regular-earning week" in subsection (1), insurable earnings do not include insurable earnings of a fisher referred to in subsection 5(5) of the Employment Insurance (Fishing) Regulations.

(3) For the purposes of section 14 of the Act, low-earning weeks shall be excluded from the calculation of the rate of weekly benefits payable to a claimant.

(4) A claimant's low-earning weeks shall be excluded in the calculation of the rate of weekly benefits payable to the claimant if the claimant has at least one regular-earning week in the rate calculation period and the aggregate of the claimant's low-earning weeks and regular-earning weeks in the rate calculation period is greater than the applicable divisor set out in the table to paragraph 14(2)(b) of the Act.

(5) For the purpose of determining the insurable earnings of a claimant in the rate calculation period under subsection 14(3) of the Act and the divisor under subsection 14(2) of the Act, low-earning weeks shall be excluded as follows:

• (a) if the claimant has accumulated a number of regular-earning weeks in the rate calculation period that is equal to or greater than the applicable divisor set out in the table to paragraph 14(2)(b) of the Act,

  • (i) the claimant's low-earning weeks shall be excluded when determining the divisor in accordance with subsection 14(2) of the Act, and

  • (ii) the insurable earnings for those low-earning weeks shall be excluded when determining the claimant's insurable earnings in the rate calculation period; and

• (b) if the claimant has accumulated a number of regular-earning weeks in the rate calculation period that is less than the applicable divisor set out in the table to paragraph 14(2)(b) of the Act,

  • (i) a sufficient number of the claimant's low-earning weeks with the highest amount of insurable earnings shall be added to the claimant's regular-earning weeks so as to equal the applicable divisor set out in that table, and

  • (ii) the claimant's insurable earnings in the rate calculation period shall be the total insurable earnings for the claimant's regular-earning weeks and for the claimant's low-earning weeks that were added under subparagraph (i), and the divisor shall be the applicable divisor set out in that table.

(6) For greater certainty, the exclusion of low-earning weeks in the calculation of the rate of weekly benefits payable to a claimant does not affect the insurability of the claimant's employment, the collection of premiums for the purposes of the Insurable Earnings and Collection of Premiums Regulations or the application of sections 7, 7.1 and 12 and subsection 14(4) of the Act.