• 12. (1) The repeal of section 15 of the Employment Insurance Act, as enacted by section 5 of this Act, applies in respect of a claimant for any benefit period beginning on or after October 1, 2000 and, in respect of a claimant for whom a benefit period has not ended on September 30, 2000, the weekly rate of benefits established under section 14 of the Employment Insurance Act applies to weeks of benefits paid or payable on or after October 1, 2000.

• (2) If a claim by a claimant referred to in subsection (1) for any week of benefits is reconsidered under section 52 of the Employment Insurance Act and the Commission decides that the claimant has received money by way of benefits for which the claimant was not qualified, or to which the claimant was not entitled, as a result of the repeal of section 15 of the Employment Insurance Act, as enacted by section 5 of this Act, the Commission shall not calculate the amount of that money and the claimant is not liable to repay that amount under section 43 of the Employment Insurance Act.

• (3) Subsection (2) does not apply if, in respect of any week of benefits referred to in that subsection,

  • (a) one or more penalties are imposed on the claimant under section 38, 41.1 or 65.1 of the Employment Insurance Act, as a result of acts or omissions mentioned in section 38 or 65.1 of that Act;

  • (b) the claimant is found guilty of one or more offences under section 135 or 136 of that Act as a result of acts or omissions mentioned in those sections; or

  • (c) the claimant is found guilty of one or more offences under the Criminal Code as a result of acts or omissions relating to the application of the Employment Insurance Act.

• (4) A claimant referred to in subsection (2) shall not make any other claim for benefits, and is not entitled to receive any other payment of benefits, in respect of any week referred to in that subsection.

Marginal note:SOR/96-445

• 13. (1) Section 8 of the Employment Insurance (Fishing) Regulations is amended by adding the following after subsection (3):

  • (3.1) A fisher is not a new entrant or a re-entrant if the fisher has been paid one or more weeks of special benefits referred to in paragraph 12(3)(a) or (b) of the Act in the period of 208 weeks preceding the period of 52 weeks before their qualifying period or in other circumstances, as prescribed by regulation, arising in that period of 208 weeks.

• (2) Section 8 of the Regulations is amended by adding the following after subsection (8):

  • (8.1) A fisher is not a new entrant or a re-entrant if the fisher has been paid one or more weeks of special benefits referred to in paragraph 12(3)(a) or (b) of the Act in the period of 208 weeks preceding the period of 52 weeks before their qualifying period or in other circumstances, as prescribed by regulation, arising in that period of 208 weeks.

• (3) Subsections 8(3.1) and (8.1) of the Regulations, as enacted by subsections (1) and (2), respectively, apply to a fisher in respect of a benefit period beginning on or after October 1, 2000.