Employment Insurance Act (S.C. 1996, c. 23)
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Act current to 2013-04-29 and last amended on 2013-04-07. Previous Versions
Employment Insurance Act
S.C. 1996, c. 23
Assented to 1996-06-20
An Act respecting employment insurance in Canada
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Employment Insurance Act.
INTERPRETATION
Marginal note:Definitions
2. (1) In this Act,
“affidavit”
« affidavit »
“affidavit” means an affidavit sworn or affirmed before a commissioner of oaths or any other person authorized to take affidavits;
“benefit period”
« période de prestations »
“benefit period” means the period described in sections 9, 10, 152.1 and 152.11;
“benefits”
« prestation »
“benefits” means unemployment benefits payable under Part I, VII.1 or VIII, but does not include employment benefits;
- “board of referees”
“board of referees”[Repealed, 2012, c. 19, s. 240]
“claimant”
« prestataire »
“claimant” means a person who applies or has applied for benefits under this Act;
“Commission”
« Commission »
“Commission” means the Canada Employment Insurance Commission;
“common-law partner”
« conjoint de fait »
“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;
“confirmed delivery service”
« service de messagerie »
“confirmed delivery service” means certified or registered mail or any other delivery service that provides proof of delivery;
“documents”
« documents »
“documents” includes money, securities, books, records, letters, telegrams, vouchers, invoices, accounts and statements (financial or otherwise);
“dwelling-house”
« maison d’habitation »
“dwelling-house” means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence and includes
(a) a building within the yard of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway, and
(b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as a residence;
“employee’s premium”
« cotisation ouvrière »
“employee’s premium” means the premium that a person employed in insurable employment is required to pay under section 67;
“employer”
« employeur »
“employer” includes a person who has been an employer and, in respect of remuneration of an individual referred to as sponsor or co-ordinator of a project in paragraph 5(1)(e), it includes that individual;
“employer’s premium”
« cotisation patronale »
“employer’s premium” means the premium that an employer of an insured person is required to pay under section 68;
“employment”
« emploi »
“employment” means the act of employing or the state of being employed;
“employment benefits”
« prestation d’emploi »
“employment benefits” means benefits established under section 59;
“insurable earnings”
« rémunération assurable »
“insurable earnings” means the total amount of the earnings, as determined in accordance with Part IV, that an insured person has from insurable employment;
“insurable employment”
« emploi assurable »
“insurable employment” has the meaning assigned by section 5;
“insured person”
« assuré »
“insured person” means a person who is or has been employed in insurable employment;
“interruption of earnings”
« arrêt de rémunération »
“interruption of earnings” means an interruption that occurs in the earnings of an insured person or a person to whom Part VII.1 applies at any time and in any circumstances determined by the regulations;
“labour dispute”
« conflit collectif »
“labour dispute” means a dispute between employers and employees, or between employees and employees, that is connected with the employment or non-employment, or the terms or conditions of employment, of any persons;
“Minister”
« ministre »
“Minister” means the Minister of Human Resources and Skills Development, except in Parts IV and VII;
“overpayment of benefits”
« versement excédentaire de prestations »
“overpayment of benefits” does not include a benefit repayment as described in Part VII;
“prescribed”
Version anglaise seulement“prescribed” means prescribed by the regulations or determined in accordance with rules prescribed by the regulations;
“provincial law”
« loi provinciale »
“provincial law” means the provisions of any Act of the legislature of a province authorizing, or entitling a person to, the payment of benefits under a plan established by or under that Act;
“rate of unemployment”
« taux de chômage »
“rate of unemployment” means the rate of unemployment as determined from time to time in a year;
“regular benefits”
« prestations régulières »
“regular benefits” means benefits payable under Part I and Part VIII, but does not include special benefits or benefits by virtue of section 24 or 25;
“special benefits”
« prestations spéciales »
“special benefits” means benefits paid for any reason mentioned in subsection 12(3);
- “umpire”
“umpire”[Repealed, 2012, c. 19, s. 240]
“week”
« semaine »
“week” means a period of seven consecutive days beginning on and including Sunday, or any other prescribed period;
“year”
« année »
“year” means a calendar year.
Marginal note:Rates of unemployment produced by Statistics Canada
(2) If the use of rates of unemployment produced by Statistics Canada is required under this Act or the regulations, the Commission shall use those most recently produced at the time it is appropriate or necessary for the Commission to make a final determination in respect of those rates or involving their use.
Marginal note:Electronic documents and communication
(3) A document or other communication under this Act or the regulations may be in electronic form and a reference in this Act or the regulations to a form, record, book, notice, request, demand, decision or any other document includes a document in electronic form.
Marginal note:References to claims for benefits
(4) In this Act and the regulations, references to claims for benefits include questions arising in relation to those claims, and references to action on a claim include determining questions in favour of or adversely to claimants.
Marginal note:Weeks of benefits paid
(5) For the purposes of subsection 7(4.1) and section 145, the Commission may, with the approval of the Governor in Council, make regulations for establishing how many weeks of benefits a claimant was paid, in order to take into account benefit reductions or deductions in the calculation or payment of those benefits.
- 1996, c. 23, ss. 2, 189;
- 2000, c. 12, s. 106;
- 2001, c. 5, s. 1;
- 2003, c. 15, s. 15;
- 2005, c. 34, s. 80;
- 2009, c. 33, s. 2;
- 2012, c. 19, s. 240.
- Date modified:
