Employment Insurance Act (S.C. 1996, c. 23)
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Act current to 2024-10-30 and last amended on 2024-06-20. Previous Versions
AMENDMENTS NOT IN FORCE
— 2000, c. 12, ss. 107(1) and (1.1), as amended by 2017, c. 20, s. 257(2)
107 (1) Subsection 23(1) of the Act is replaced by the following:
Parental benefits
23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for
(a) one or more new-born children of the claimant;
(b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or
(c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).
(1.1) Subsection 23(2) of the Act is replaced by the following:
Weeks for which benefits may be paid
(2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period that begins with the week in which
(a) the child or children of the claimant are born,
(b) the child or children are actually placed with the claimant for the purpose of adoption, or
(c) the claimant first meets the requirements set out in the regulations made under paragraph 54(f.1)
and ends 52 weeks after that week.
— 2000, c. 12, s. 107(3), as amended by 2015, c. 36, s. 159 and 2018, c. 27, s. 308(2)
(3) Section 23 of the Act is amended by adding the following after subsection (4.11):
Interpretation
(4.2) Subsections 12(3) to (8) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).
— 2000, c. 12, s. 109
109 Section 54 of the Act is amended by adding the following after paragraph (f):
(f.1) for the purposes of paragraphs 23(1)(c) and (2)(c) and subsection 23(5), respecting the following requirements, subject to consulting the governments of the provinces:
(i) the circumstances in which the claimant must be caring for the child or children,
(ii) the criteria that the claimant must meet,
(iii) the conditions that the claimant must fulfil, and
(iv) any matter that the Commission considers necessary for the purpose of carrying out the provisions of section 23;
— 2009, c. 33, s. 34
2000, c. 14
34 On the first day on which both section 10 of the Budget Implementation Act, 2000 has produced its effects and subsection 7(2) of this Act is in force, subsection 23(6) of the Employment Insurance Act, as enacted by that subsection 7(2), is renumbered as subsection (7) and is repositioned accordingly if required.
— 2009, c. 33, s. 35, as amended by 2018, c. 27, s. 309(2)
2000, c. 12
35 On the first day on which both subsection 107(3) of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force, section 152.05 of the Employment Insurance Act is amended by adding the following after subsection (13.01):
Interpretation
(13.1) Subsections 152.14(1) to (8) are to be read as including the situation where a self-employed person is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).
— 2009, c. 33, s. 36, as amended by 2017, c. 20, s. 258(2) and 2021, c. 23, s. 338(2)(F)
2000, c. 12
36 On the first day on which both section 109 of the Modernization of Benefits and Obligations Act and section 16 of this Act are in force:
(a) paragraph 54(f.1) of the Employment Insurance Act is replaced by the following:
(f.1) for the purposes of paragraphs 23(1)(c) and (2)(c), subsection 23(5) paragraphs 152.05(1)(c) and (2)(c) and subsection 152.05(7), respecting the following requirements, subject to consulting the governments of the provinces:
(i) the circumstances in which the claimant must be caring for the child or children,
(ii) the criteria that the claimant must meet,
(iii) the conditions that the claimant must fulfil, and
(iv) any other matter that the Commission considers necessary for the purpose of carrying out sections 23 and 152.05;
(b) subsection 152.05(1) of the Employment Insurance Act is replaced by the following:
Parental benefits
152.05 (1) Subject to this Part, benefits are payable to a self-employed person to care for
(a) one or more new-born children of the person;
(b) one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides; or
(c) one or more children if the self-employed person meets the requirements set out in the regulations made under paragraph 54(f.1).
(c) subsection 152.05(2) of the Employment Insurance Act is replaced by the following:
Weeks for which benefits may be paid
(2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period
(a) that begins with the week in which the child or children of the self-employed person are born and that ends 52 weeks after that week;
(b) that begins with the week in which the child or children of the self-employed person are actually placed with the self-employed person for the purpose of adoption and that ends 52 weeks after that week; or
(c) that begins with the week in which the self-employed person first meets the requirements set out in the regulations made under paragraph 54(f.1) and ends 52 weeks after that week.
— 2023, c. 26, s. 662
662 Section 113 of the Employment Insurance Act is replaced by the following:
Appeal to Employment Insurance Board of Appeal
113 A party who is dissatisfied with a decision of the Commission made under section 112, including a decision in relation to further time to make a request, may appeal the decision to the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act.
— 2023, c. 26, s. 663
663 (1) Subsection 114(1) of the Act is replaced by the following:
Payment of benefit pending appeal
114 (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act or the Employment Insurance Board of Appeal established under section 43.01 of that Act, benefits are payable in accordance with the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, even though an appeal is pending, and any benefits paid under this section after the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.
(2) Subsection 114(1) of the Act is replaced by the following:
Payment of benefit pending appeal
114 (1) If a claim for benefits is allowed by the Employment Insurance Board of Appeal established under section 43.01 of the Department of Employment and Social Development Act, benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending, and any benefits paid under this section after the decision of the Employment Insurance Board of Appeal are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.
(3) Paragraph 114(2)(a) of the Act is replaced by the following:
(a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal or the Employment Insurance Board of Appeal, as the case may be, was given and on the ground that the claimant ought to be disentitled under section 36; and
(4) Paragraph 114(2)(a) of the Act is replaced by the following:
(a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the Employment Insurance Board of Appeal was given and on the ground that the claimant ought to be disentitled under section 36; and
— 2023, c. 26, s. 676
Section 241 of Budget Implementation Act, 2021, No. 1
676 (1) Section 241 of the Budget Implementation Act, 2021, No. 1 does not apply in respect of a decision in relation to the Employment Insurance Act under section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, or in respect of an application under that section 66 in relation to the Employment Insurance Act that is ongoing immediately before the day on which section 634 comes into force.
Section 66 of Department of Employment and Social Development Act
(2) Any matter relating to a decision or an application referred to in subsection (1) is to be dealt with in accordance with section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force.
— 2023, c. 26, s. 677
Employment Insurance Act
677 Subsections 114(1) and (2) of the Employment Insurance Act, as those subsections read on the day on which section 634 comes into force, continue to apply in relation to a claim for benefits that is allowed by the General Division before the day on which section 635 comes into force.
— 2024, c. 15, s. 342
342 (1) Section 10 of the Employment Insurance Act is amended by adding the following after subsection (11):
Extension of benefit period — placement or arrival delayed
(11.1) If the placement or arrival of the child or children referred to in subsection 22.1(1) is delayed, the benefit period is extended by the number of weeks during which the placement or arrival is delayed.
(2) Paragraph 10(13.01)(c) of the Act is replaced by the following:
(c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (a.1), (c), (d), (e) or (f).
— 2024, c. 15, s. 343
343 (1) Subsection 12(3) of the Act is amended by adding the following after paragraph (a):
(a.1) because the claimant is carrying out the responsibilities described in subsection 22.1(1) is 15;
(2) Subsection 12(4) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) for carrying out the responsibilities described in subsection 22.1(1) in relation to the placement of one or more children for the purpose of adoption as a result of a single placement or the arrival of one or more new-born children as a result of a single pregnancy is 15; and
— 2024, c. 15, s. 344
344 Subsection 18(2) of the Act is replaced by the following:
Exception
(2) A claimant to whom benefits are payable under any of sections 22.1 to 23.3 is not disentitled under paragraph (1)(b) for failing to prove that they would have been available for work were it not for the illness, injury or quarantine.
— 2024, c. 15, s. 345
345 The Act is amended by adding the following after section 22:
Benefit for responsibilities related to child’s placement or arrival
22.1 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant for carrying out responsibilities related to
(a) the placement with the claimant of one or more children for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or
(b) the arrival of one or more new-born children of the claimant into the claimant’s care, in the case where the person who will be giving or gave birth to the child or children is not, or is not intended to be, a parent of the child or children.
Weeks for which benefits may be paid
(2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period
(a) that begins the earlier of
(i) five weeks before the week in which the placement of the child or children with the claimant for the purpose of adoption is expected or the new-born child or children of the claimant are expected to arrive into the claimant’s care, and
(ii) the week in which the child or children are actually placed with the claimant for the purpose of adoption or the new-born child or children of the claimant actually arrive into the claimant’s care; and
(b) that ends 17 weeks after the week in which the child or children are actually placed with the claimant for the purpose of adoption or the new-born child or children of the claimant actually arrive into the claimant’s care.
Limitation — delay of placement or arrival
(3) If the placement or arrival of the child or children referred to in subsection (1) is delayed, the period referred to in subsection (2) must not, subject to any extension under subsection (4), exceed 52 weeks after the week in which the placement or arrival was expected.
Extension of period — children in hospital
(4) If the child or children referred to in subsection (1) are hospitalized during the period that begins the week referred to in subparagraph (2)(a)(ii) and that ends 17 weeks after that week, the period referred to in subsection (2) is extended by the number of weeks during which the child or children are hospitalized.
Limitation — children in hospital
(5) The extended period shall end no later than 52 weeks after the week referred to in subparagraph (2)(a)(ii).
Limitation
(6) If benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant for the same reasons under a provincial law, the benefits payable to the claimant under this Act are to be reduced or eliminated as prescribed.
Application of section 18
(7) For the purposes of section 13, the provisions of section 18 do not apply to the week that immediately precedes the period described in subsection (2).
Division of weeks of benefits
(8) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.041 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.041 or under both those sections may be divided between them up to a maximum of 15. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
Maximum number of weeks that can be divided
(9) For greater certainty, if, in respect of the same child or children, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.041, the total number of weeks of benefits payable under this section and section 152.041 that may be divided between them may not exceed 15.
Deferral of waiting period
(10) A major attachment claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under this section, if
(a) the claimant has already made a claim for benefits under this section in respect of the same child or children and has served the waiting period;
(b) another major attachment claimant has made a claim for benefits under this section in respect of the same child or children and that other claimant has served or is serving their waiting period;
(c) another major attachment claimant is making a claim for benefits under this section in respect of the same child or children at the same time as the claimant and that other claimant elects to serve the waiting period; or
(d) the claimant or another major attachment claimant meets the prescribed requirements.
Exception
(11) If a major attachment claimant makes a claim under this section and an individual makes a claim under section 152.041 in respect of the same child or children and one of them has served or elected to serve their waiting period, then
(a) if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or
(b) if the individual is not the one who served or elected to serve the waiting period, that claimant may have their waiting period deferred in accordance with section 152.041.
— 2024, c. 15, s. 346
346 (1) Paragraph 23(3.21)(c) of the Act is replaced by the following:
(c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (a.1), (c), (d), (e) or (f).
(2) The portion of subsection 23(5) of the Act before paragraph (d) is replaced by the following:
Deferral of waiting period
(5) A major attachment claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under this section or section 22 or 22.1, if
(a) the claimant has already made a claim for benefits under this section or section 22 or 22.1 in respect of the same child or children and has served the waiting period;
(b) another major attachment claimant has made a claim for benefits under this section or section 22 or 22.1 in respect of the same child or children and that other claimant has served or is serving their waiting period;
(c) another major attachment claimant is making a claim for benefits under this section or section 22 or 22.1 in respect of the same child or children at the same time as the claimant and that other claimant elects to serve the waiting period; or
(3) The portion of subsection 23(6) of the Act before paragraph (a) is replaced by the following:
Exception
(6) If a major attachment claimant makes a claim under this section or section 22 or 22.1 and an individual makes a claim under section 152.04, 152.041 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then
(4) Paragraph 23(6)(b) of the Act is replaced by the following:
(b) if the individual is not the one who served or elected to serve the waiting period, that claimant may have their waiting period deferred in accordance with section 152.041 or 152.05, as the case may be.
— 2024, c. 15, s. 347
347 Paragraph 54(f.7) of the Act is replaced by the following:
(f.7) prescribing rules for the purposes of subsections 22.1(8), 23(4), 23.1(9), 23.2(8), 23.3(6), 152.041(8), 152.05(12), 152.06(7), 152.061(8) and 152.062(6);
— 2024, c. 15, s. 348
348 (1) Paragraph 69(1)(a) of the Act is replaced by the following:
(a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, responsibilities related to a child’s placement or arrival, child care, compassionate care, a child’s critical illness or an adult’s critical illness under a plan that covers insured persons employed by the employer, other than one established under a provincial law, would have the effect of reducing the special benefits payable to the insured persons; and
(2) Subsection 69(2) of the Act is replaced by the following:
Provincial plans
(2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums, the premiums under Part VII.1 or all those premiums, when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, responsibilities related to a child’s placement or arrival, child care, compassionate care, a child’s critical illness or an adult’s critical illness under a provincial law to insured persons or to self-employed persons, as the case may be, would have the effect of reducing or eliminating the special benefits payable to those insured persons or the benefits payable to those self-employed persons.
— 2024, c. 15, s. 349
349 Subsection 152.03(1.1) of the Act is replaced by the following:
Exception
(1.1) A self-employed person to whom benefits are payable under any of sections 152.041 to 152.062 is entitled to benefits under subsection (1) even though the person did not cease to work as a self-employed person because of a prescribed illness, injury or quarantine and would not be working even without the illness, injury or quarantine.
— 2024, c. 15, s. 350
350 The Act is amended by adding the following after section 152.04:
Benefit for responsibilities related to child’s placement or arrival
152.041 (1) Subject to this Part, benefits are payable to a self-employed person for carrying out responsibilities related to
(a) the placement with the self-employed person of one or more children for the purpose of adoption under the laws governing adoption in the province in which the person resides; or
(b) the arrival of one or more new-born children of the self-employed person into the self-employed person’s care, in the case where the person who will be giving or gave birth to the child or children is not, or is not intended to be, a parent of the child or children.
Weeks for which benefits may be paid
(2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period
(a) that begins the earlier of
(i) five weeks before the week in which the placement of the child or children with the self-employed person for the purpose of adoption is expected or the new-born child or children of the self-employed person are expected to arrive into the self-employed person’s care, and
(ii) the week in which the child or children are actually placed with the self-employed person for the purpose of adoption or the new-born child or children of the self-employed person actually arrive into the self-employed person’s care; and
(b) that ends 17 weeks after the week in which the child or children are actually placed with the self-employed person for the purpose of adoption or the new-born child or children of the self-employed person actually arrive into the self-employed person’s care.
Limitation — delay of placement or arrival
(3) If the placement or arrival of the child or children referred to in subsection (1) is delayed, the period referred to in subsection (2) must not, subject to any extension under subsection (4), exceed 52 weeks after the week in which the placement or arrival was expected.
Extension of period — children in hospital
(4) If the child or children referred to in subsection (1) are hospitalized during the period that begins the week referred to in subparagraph (2)(a)(ii) and that ends 17 weeks after that week, the period referred to in subsection (2) is extended by the number of weeks during which the child or children are hospitalized.
Limitation — children in hospital
(5) The extended period shall end no later than 52 weeks after the week referred to in subparagraph (2)(a)(ii).
Limitation
(6) If benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the self-employed person for the same reasons under a provincial law, the benefits payable to the self-employed person under this Part are to be reduced or eliminated as prescribed.
Presumption
(7) With regard to serving the waiting period under section 152.15, the week that immediately precedes the period described in subsection (2) is deemed to be a week that is included in that period.
Division of weeks of benefits
(8) If two self-employed persons each make a claim for benefits under this section — or if one self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 22.1 — in respect of the same child or children, the weeks of benefits payable under this section, under section 22.1 or under both those sections may be divided between them up to a maximum of 15. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
Maximum number of weeks that can be divided
(9) For greater certainty, if, in respect of the same child or children, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 22.1, the total number of weeks of benefits payable under this section and section 22.1 that may be divided between them may not exceed 15.
Deferral of waiting period
(10) A self-employed person who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under this section, if
(a) the self-employed person has already made a claim for benefits under this section in respect of the same child or children and has served the waiting period;
(b) another self-employed person has made a claim for benefits under this section in respect of the same child or children and that other self-employed person has served or is serving their waiting period;
(c) another self-employed person is making a claim for benefits under this section in respect of the same child or children at the same time as the self-employed person and that other self-employed person elects to serve the waiting period; or
(d) the self-employed person or another self-employed person meets the prescribed requirements.
Exception
(11) If a self-employed person makes a claim under this section and an another person makes a claim under section 22.1 in respect of the same child or children and one of them has served or elected to serve their waiting period, then
(a) if the self-employed person is not the one who served or elected to serve the waiting period, the self-employed person is not required to serve a waiting period; or
(b) if the person making the claim under section 22.1 is not the one who served or elected to serve the waiting period, the person may have their waiting period deferred in accordance with section 22.1.
— 2024, c. 15, s. 351
351 (1) Subsection 152.05(5.1) of the Act is replaced by the following:
Extension of period — reason mentioned in paragraph 152.14(1)(b)
(5.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (a.1), (c), (d), (e) or (f) and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the period referred to in subsection (2) is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.
(2) The portion of subsection 152.05(14) of the Act before paragraph (d) is replaced by the following:
Deferral of waiting period
(14) A self-employed person who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under this section or section 152.04 or 152.041, if
(a) the self-employed person has already made a claim for benefits under this section or section 152.04 or 152.041 in respect of the same child or children and has served the waiting period;
(b) another self-employed person has made a claim for benefits under this section or section 152.04 or 152.041 in respect of the same child or children and that other self-employed person has served or is serving their waiting period;
(c) another self-employed person is making a claim for benefits under this section or section 152.04 or 152.041 in respect of the same child or children at the same time as the self-employed person and that other self-employed person elects to serve the waiting period; or
(3) The portion of subsection 152.05(15) of the Act before paragraph (a) is replaced by the following:
Exception
(15) If a self-employed person makes a claim under this section or section 152.04 or 152.041 and another person makes a claim under section 22, 22.1 or 23 in respect of the same child or children and one of them has served or elected to serve their waiting period, then
(4) Paragraph 152.05(15)(b) of the Act is replaced by the following:
(b) if the person making the claim under section 22, 22.1 or 23 is not the one who served or elected to serve the waiting period, the person may have their waiting period deferred in accordance with section 22.1 or 23, as the case may be.
— 2024, c. 15, s. 352
352 Subsection 152.09(2) of the Act is amended by adding the following after paragraph (a):
(a.1) carrying out the responsibilities described in subsection 152.041(1);
— 2024, c. 15, s. 353
353 (1) Section 152.11 of the Act is amended by adding the following after subsection (12):
Extension of benefit period — placement or arrival delayed
(12.1) If the placement or arrival of the child or children referred to in subsection 152.041(1) is delayed, the benefit period is extended by the number of weeks during which the placement or arrival is delayed.
(2) Subsection 152.11(14.1) of the Act is replaced by the following:
Extension of benefit period — reason mentioned in paragraph 152.14(1)(b)
(14.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (a.1), (c), (d), (e) or (f), and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.
— 2024, c. 15, s. 354
354 (1) Subsection 152.14(1) of the Act is amended by adding the following after paragraph (a):
(a.1) because the self-employed person is carrying out the responsibilities described in subsection 152.041(1) is 15;
(2) Subsection 152.14(2) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (a) with the following:
(a.1) for carrying out the responsibilities described in subsection 152.041(1) in relation to the placement of one or more children for the purpose of adoption as a result of a single placement or the arrival of one or more new-born children as a result of a single pregnancy is 15; and
— 2024, c. 15, s. 355
Benefit for responsibilities related to child’s placement or arrival
355 The Employment Insurance Act, as it read immediately before the day on which sections 345 and 350 come into force, continues to apply to a claimant for the purpose of paying benefits under that Act in respect of a child or children who have, before that day,
(a) been placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or
(b) arrived into the care of the claimant.
- Date modified: