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

Act current to 2020-11-17 and last amended on 2020-09-27. Previous Versions

PART VIII.2Regulations — Provincial Plans

Marginal note:Regulations

  •  (1) Despite any other provisions of this Act, if the Government of Canada has entered into an agreement with a province in respect of a provincial law that has the effect of reducing or eliminating special benefits, or benefits under Part VII.1, payable as described in subsection 69(2), the Commission may, with the approval of the Governor in Council, for the purposes of implementing the agreement and taking into account the application or effect of the provincial law, make any regulations that it considers necessary, including regulations

    • (a) respecting the manner in which and the extent to which any provision of this Act or the regulations applies; and

    • (b) adapting any provision of this Act or the regulations.

  • Marginal note:Regulations

    (2) The regulations may provide for

    • (a) the making of any financial adjustments and for the crediting or charging of the amount of any of those adjustments to the Employment Insurance Operating Account, including

      • (i) refunds of overpayments with respect to employees’ premiums and premiums under Part VII.1,

      • (ii) adjustment payments between the prov­ince and the Government of Canada with respect to premiums, and

      • (iii) reimbursement by the province of benefits paid by the Government of Canada in accordance with any administrative agreement between the province and the Government of Canada;

    • (b) the exchange of any information obtained under the provincial law or this Act; and

    • (c) the administration of benefits payable under this Act to persons employed or residing in the province or who have made a claim under the provincial law — or to self-employed persons, within the meaning of subsection 152.01(1), who work or reside in the province or who have made a claim under the provincial law — and the increase or decrease in the amount of benefits payable and in the number of weeks for which benefits may be paid under this Act to and in respect of those persons.

  • 2005, c. 30, s. 131
  • 2009, c. 33, s. 17
  • 2010, c. 12, s. 2189

PART VIII.3Interim Orders

Marginal note:COVID-19

  •  (1) The Minister may, for the purpose of mitigating the economic effects of the coronavirus disease 2019 (COVID-19), make interim orders that

    • (a) add provisions, including provisions that provide for new benefits, to this Act or any regulation made under this Act;

    • (b) adapt provisions of this Act or any regulation made under this Act; or

    • (c) provide that any provisions of this Act or a regulation made under this Act do not apply in whole or in part.

  • Marginal note:Restriction

    (2) An interim order is not to be made under subsection (1) in respect of Part IV or VII or in respect of a regulation made under this Act for the purposes of those Parts.

  • Marginal note:Condition precedent — Minister of Finance

    (3) An interim order is not to be made under subsection (1) without the consent of the Minister of Finance.

  • Marginal note:Condition precedent — President of the Treasury Board

    (4) An interim order is not to be made under subsection (1) in respect of Part III or in respect of a regulation made under this Act for the purposes of that Part without the additional consent of the President of the Treasury Board.

  • Marginal note:Consultation with Commission

    (5) For greater certainty, the Minister may consult the Commission before making an interim order under subsection (1).

  • Marginal note:Retroactive effect

    (6) An interim order made under subsection (1) may, if it so provides, have retroactive effect.

  • Marginal note:Cessation of effect

    (7) An interim order made under subsection (1) must contain provisions that cause any provision added under paragraph (1)(a), any adaptation made under paragraph (1)(b) and any non-application provision made under paragraph (1)(c) to cease to apply on the earliest of

    • (a) the day, if any, specified in the interim order,

    • (b) the day on which the interim order is repealed, and

    • (c) the Saturday after the first anniversary of the day on which the interim order takes effect.

  • Marginal note:Conflict

    (8) If an interim order made under subsection (1) or a provision added under paragraph (1)(a) provides that it applies despite any provision of this Act or any regulation made under this Act, the interim order or added provision prevails to the extent that it conflicts with this Act or any regulation made under this Act.

  • Marginal note:Restriction

    (9) The power to make an interim order under subsection (1) is not to be exercised after September 30, 2020.

  • 2020, c. 5, s. 57

Marginal note:Accessory orders

 The Minister may make orders for the purpose of ensuring that interim orders made under subsection 153.3(1) only have temporary effect, including orders that repeal any provision added under paragraph 153.3(1)(a).

  • 2020, c. 5, s. 57

PART VIII.4Employment Insurance Emergency Response Benefit

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    • (a) COVID-19 means the coronavirus disease 2019;

    • (b) [Repealed, SOR/2020-188, s. 1]

    • (c) initial claim for benefits has the same meaning as in subsection 6(1).

  • Marginal note:Definition of Claimant

    (2) For the purposes of this Part, claimant means a person

    • (a) who ceases working, whether employed or self-employed, for reasons related to COVID-19;

    • (b) who could have had a benefit period established on or after March 15, 2020 with respect to any of the benefits referred to in paragraph (3)(a);

    • (c) who is unable to start working for reasons related to COVID-19 and to whom, at any time during the period beginning on December 29, 2019 and ending on October 3, 2020, at least one benefit referred to in paragraph (3)(b) has been paid or was payable, if, during that period

      • (i) the established benefit period of that person with respect to those benefits has ended,

      • (ii) all of those benefits have been paid to that person, or

      • (iii) some of those benefits cannot be paid to that person by virtue of subsection 12(6); or

    • (d) who is unable to start working for reasons related to COVID-19 and to whom, at any time during the period beginning on December 29, 2019 and ending on October 3, 2020, at least one benefit referred to in paragraph (3)(c) has been paid or was payable, if, during that period

      • (i) the established benefit period of that person with respect to those benefits has ended,

      • (ii) all of those benefits have been paid to that person, or

      • (iii) some of those benefits cannot be paid to that person by virtue of subsection 8(18) of the Employment Insurance (Fishing) Regulations.

  • Marginal note:Benefits referred to in paragraphs (2)(b) to (d)

    (3) The benefits referred to in paragraphs (2)(b) to (d) are

    • (a) with respect to a claimant referred to in paragraph (2)(b), benefits provided under section 152.03 or provided under Part I, other than those benefits provided under any of sections 22 to 24;

    • (b) with respect to a claimant referred to in paragraph (2)(c), benefits provided under Part I, other than those benefits provided under any of sections 21 to 24; and

    • (c) with respect to a claimant referred to in paragraph (2)(d), benefits provided under the employment insurance scheme established under Part VIII.

  • SOR/2020-61, s. 1
  • SOR/2020-88, s. 1
  • SOR/2020-89, s. 1
  • SOR/2020-95, s. 1
  • SOR/2020-169, s. 1
  • SOR/2020-188, s. 1
 
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