Employment Insurance Act (S.C. 1996, c. 23)

Marginal note:Qualifying period

• 152.08 (1) The qualifying period of a self-employed person is the year immediately before the year during which their benefit period begins.

• Marginal note:Earnings

  (2) A self-employed person’s self-employed earnings during a qualifying period may not be taken into account in respect of more than one initial claim for benefits.

Marginal note:Benefits under this Part and Part I

• 152.09 (1) If an individual qualifies for benefits under this Part as a self-employed person and for benefits under Part I as an insured person, the individual may receive benefits under one Part only and, to do so, the individual must, in the prescribed manner, at the time of making an initial claim for benefits, elect under which Part benefits are to be paid.

• Marginal note:Effect of election

  (2) The election is binding on the individual in respect of the initial claim for all benefits payable, for any of the following reasons, during the benefit period established in relation to the initial claim:

  • (a) pregnancy;

  • (b) caring for one or more new-born children of the self-employed person, or one or more children placed with the self-employed person for the purpose of adoption;

  • (c) a prescribed illness, injury or quarantine;

  • (d) providing care or support to one or more family members;

  • (e) providing care or support to one or more critically ill children; and

  • (f) providing care or support to one or more critically ill adults.

Benefit Period

Marginal note:Establishment

• 152.1 (1) When a self-employed person who qualifies under section 152.07 makes an initial claim for benefits, a benefit period shall be established and, once it is established, benefits are payable to the person in accordance with this Part for each week of unemployment that falls in the benefit period.

• Marginal note:Conditions for establishment of benefit period

  (2) No benefit period is to be established for a self-employed person unless

  • (a) the person makes an initial claim for benefits in accordance with section 50 and the regulations and proves that the person is qualified to receive benefits; and

  • (b) the person supplies information in the form and manner directed by the Commission, giving the person’s employment circumstances and the circumstances pertaining to any interruption of earnings, and any other information that the Commission may require.

Marginal note:Beginning of benefit period

• 152.11 (1) A benefit period begins on the later of

  • (a) the Sunday of the week in which the interruption of earnings occurs,

  and

  • (b) the Sunday of the week in which the initial claim for benefits is made.

• Marginal note:Length of benefit period

  (2) The length of a benefit period is 52 weeks, except as otherwise provided in subsections (11) to (19).

• Marginal note:Prior benefit period

  (3) Subject to any change or cancellation of a benefit period under this section, a benefit period shall not be established for a self-employed person if a prior benefit period has not ended.

• Marginal note:Late initial claim

  (4) An initial claim for benefits made after the day on which the self-employed person first qualified to make the claim shall be regarded as having been made on an earlier day if the self-employed person shows that they qualified to receive benefits on the earlier day and that there was good cause for the delay throughout the period that begins on the earlier day and ends on the day on which the initial claim was made.

• Marginal note:Other late claims

  (5) A claim for benefits, other than an initial claim for benefits, made after the time prescribed for making the claim shall be regarded as having been made on an earlier day if the self-employed person shows that there was good cause for the delay throughout the period that begins on the earlier day and ends on the day on which their claim was made.

• Marginal note:Late claims — clause 152.07(1)(d)(i)(A)

  (5.1) For the purposes of subsections (4) and (5), the fact that, but for clause 152.07(1)(d)(i)(A), the claimant would not have qualified to receive benefits is good cause for a delay in making a claim for those benefits.

• Marginal note:Exception

  (6) A claim for benefits referred to in section 152.06 with respect to a family member shall not be regarded as having been made on an earlier day under subsection (4) or (5) if

  • (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

  • (b) the beginning of the period referred to in subsection 152.06(3) has already been determined with respect to that family member and the claim would have the effect of moving the beginning of that period to an earlier date; or

  • (c) the claim is made in any other circumstances set out in the regulations.

• Marginal note:Exception

  (6.1) A claim for benefits referred to in section 152.061 with respect to a critically ill child must not be regarded as having been made on an earlier day under subsection (4) or (5) if

  • (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

  • (b) the beginning of the period referred to in subsection 152.061(3) has already been determined with respect to that child and the claim would have the effect of moving the beginning of that period to an earlier date; or

  • (c) the claim is made in any other circumstances set out in the regulations.

• Marginal note:Exception

  (6.2) A claim for benefits referred to in section 152.062 with respect to a critically ill adult must not be regarded as having been made on an earlier day under subsection (4) or (5) if

  • (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

  • (b) the beginning of the period referred to in subsection 152.062(3) has already been determined with respect to that adult and the claim would have the effect of moving the beginning of that period to an earlier date; or

  • (c) the claim is made in any other circumstances set out in the regulations.

• Marginal note:Cancelling benefit period

  (7) Once a benefit period has been established for a self-employed person, the Commission may

  • (a) cancel the benefit period if it has ended and no benefits were paid or payable during the period; or

  • (b) whether or not the period has ended, cancel at the request of the self-employed person that portion of the benefit period immediately before the first week for which benefits were paid or payable, if the self-employed person

    • (i) establishes under this Part — or establishes under Part 1, as an insured person — a new benefit period beginning the first week for which benefits were paid or payable, and

    • (ii) shows that there was good cause for the delay in making the request throughout the period that begins on the day on which benefits were first paid or payable and ends on the day on which the request for cancellation was made.

• Marginal note:Effect of cancellation

  (8) A cancelled benefit period or portion of a benefit period is deemed never to have begun.

• Marginal note:End of benefit period

  (9) A benefit period ends when any of the following first occurs:

  • (a) no further benefits are payable to the self-employed person in their benefit period, including for the reason that benefits have been paid for the maximum number of weeks for which benefits may be paid under section 152.14;

  • (b) the benefit period would otherwise end under this section; or

  • (c) the self-employed person

    • (i) requests that their benefit period end,

    • (ii) makes a new initial claim for benefits, and

    • (iii) qualifies to receive benefits under this Part or qualifies, as an insured person, to receive benefits under Part I.

• Marginal note:Late requests

  (10) Whether or not the benefit period has ended, a request under paragraph (9)(c) shall be regarded as having been made on an earlier day if the self-employed person shows that there was good cause for the delay throughout the period that begins on the earlier day and ends on the day on which the request was made.

• Marginal note:Extension of benefit period

  (11) A self-employed person’s benefit period is extended by the aggregate of any weeks during the benefit period for which the self-employed person proves, in the manner that the Commission may direct, that they were not entitled to benefits because they were

  • (a) confined in a jail, penitentiary or other similar institution and were not found guilty of the offence for which they were being held or any other offence arising out of the same transaction;

  • (b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;

  • (c) in receipt of workers’ compensation payments for an illness or injury; or

  • (d) in receipt of payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the self-employed person, her unborn child or a child whom she was breast-feeding.

• Marginal note:Further extension of benefit period

  (12) A self-employed person’s benefit period is extended by the aggregate of any weeks during an extension of a benefit period under subsection (11) for which the self-employed person proves, in the manner that the Commission may direct, that they were not entitled to benefits because of a reason specified in that subsection.

• Marginal note:Extension of benefit period — child in hospital

  (13) If the child or children referred to in subsection 152.05(1) are hospitalized during the period referred to in subsection 152.05(2), the benefit period is extended by the number of weeks during which the child or children are hospitalized.

• Marginal note:Extension of benefit period

  (14) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (f), at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

• Marginal note: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), (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.

• Marginal note:Maximum extension under subsections (11) to (14.1)

  (15) An extension under one or more of subsections (11) to (14.1) must not result in a benefit period of more than 104 weeks.

• Marginal note:Maximum extension under subsection (14)

  (16) Subject to subsection (15), unless the benefit period is also extended under any of subsections (11) to (13), an extension under subsection (14) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 152.14(1) for each of the benefits paid to the self-employed person for one of the reasons mentioned in paragraphs 152.14(1)(a) to (f) during the person’s benefit period before it was extended under subsection (14).

• (17) to (19) [Repealed, 2012, c. 27, s. 24]

Marginal note:Notification

152.12 On receiving an initial claim for benefits, the Commission shall decide whether the self-employed person is qualified to receive benefits and notify the person of its decision.

Payment of Benefits

Marginal note:Benefits

152.13 If a benefit period has been established for a self-employed person, benefits may be paid to the person for each week of unemployment that falls in the benefit period, subject to the maximums established by section 152.14.

Marginal note:Maximum number of weeks

• 152.14 (1) The maximum number of weeks for which benefits under this Part may be paid in a benefit period to a self-employed person

  • (a) because of pregnancy is 15;

  • (b) because the self-employed person is caring for one or more new-born children of the self-employed person, or one or more children placed with the self-employed person for the purpose of adoption is, in accordance with the election under section 152.05,

    • (i) 35, or

    • (ii) 61;

  • (c) because of a prescribed illness, injury or quarantine is 26;

  • (d) because the person is providing care or support to one or more family members described in subsection 152.06(1) is 26;

  • (e) because the self-employed person is providing care or support to one or more critically ill children described in subsection 152.061(1), is 35; and

  • (f) because the self-employed person is providing care or support to one or more critically ill adults described in subsection 152.062(1) is 15.

• Marginal note:Maximum — single pregnancy or placement

  (2) The maximum number of weeks for which benefits under this Part may be paid

  • (a) for a single pregnancy is 15; and

  • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is,

    • (i) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 40, or

    • (ii) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 69.

• Marginal note:Adoption

  (3) For the purposes of this Part, the placement with a self-employed person, at the same or substantially the same time, of two or more children for the purpose of adoption is to be regarded as a single placement of a child or children for the purpose of adoption.

• Marginal note:Maximum — parental benefits

  (4) If a claim is made under this Part in respect of a child or children referred to in paragraph (2)(b) and a claim is made under section 23 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is,

  • (a) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(i), 35 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 40; or

  • (b) if the maximum number of weeks that has been elected under subsection 152.05(1.1) is established under subparagraph (1)(b)(ii), 61 or, if the weeks for which benefits may be paid are divided in accordance with section 152.05, 69.

• Marginal note:Maximum — compassionate care benefits

  (5) Even if more than one claim is made under this Act, at least one of which is made under section 152.06 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.06 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.06(3)(a).

• Marginal note:Maximum — critically ill child

  (5.1) Even if more than one claim is made under this Act, at least one of which is made under section 152.061 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.061 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(3)(a).

• Marginal note:Maximum — critically ill adult

  (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.062 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.062 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.062(3)(a).

• Marginal note:Shorter period

  (6) If a shorter period is prescribed for the purposes of subsection 152.06(4), then that shorter period applies for the purposes of subsection (5).

• Marginal note:Expiry of shorter period

  (7) When a shorter period referred to in subsection (6) has expired in respect of a family member, no further benefits are payable under section 152.06 in respect of that family member until the minimum prescribed number of weeks has elapsed.

• Marginal note:Combined weeks of benefits

  (8) In a self-employed person’s benefit period, the self-employed person may, subject to the applicable maximums, combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (1), but the maximum number of combined weeks is 50. However, if the benefit period is extended under subsection 152.11(14), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 152.11(16) less two weeks.