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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.5Temporary Measures to Facilitate Access to Benefits (continued)

Employment Insurance (Fishing) Regulations

Marginal note:Eligibility

 A fisher who does not meet the conditions under paragraph 8(2)(b) or (7)(b) of the Employment Insurance (Fishing) Regulations may receive benefits under section 8.1 of those Regulations if the fisher has received such benefits during any of the periods referred to in subparagraph 153.1923(1)(a)(ii) or (iii) or (b)(ii) or (iii).

  • SOR/2020-208, s. 7

Marginal note:Determined earnings

  •  (1) The rate of weekly benefits under section 8.1 of the Employment Insurance (Fishing) Regulations shall be calculated using the highest of the following earnings:

    • (a) in the case of an initial claim for benefits under subsection 8(1) of those Regulations,

      • (i) if applicable, the earnings that would be used to calculate the fisher’s rate of weekly benefits,

      • (ii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(1) of those Regulations during the period beginning on September 29, 2019 and ending on June 20, 2020, and

      • (iii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(1) of those Regulations during the period beginning on September 30, 2018 and ending on June 15, 2019; and

    • (b) in the case of an initial claim for benefits made on or after March 28, 2021 under subsection 8(6) of those Regulations,

      • (i) if applicable, the earnings that would be used to calculate the fisher’s rate of weekly benefits,

      • (ii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(6) of those Regulations during the period beginning on March 29, 2020 and ending on December 19, 2020, and

      • (iii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(6) of those Regulations during the period beginning on March 31, 2019 and ending on December 21, 2019.

  • Marginal note:Benefit period

    (2) A fisher may have a benefit period established once under paragraph (1)(a) and once under paragraph (1)(b).

  • SOR/2020-208, s. 7

Marginal note:Qualifying period

 For the purposes of the Employment Insurance (Fishing) Regulations, the earnings determined under subsection 153.1923(1) are the insurable earnings for the qualifying period.

  • SOR/2020-208, s. 7

Marginal note:Access to special benefits

 Despite subsection 12(1) of the Employment Insurance (Fishing) Regulations, an insured person who is not qualified to receive benefits under section 7 and who is claiming special benefits qualifies to receive the special benefits if the person has at least $2,500 of insurable earnings from employment as a fisher in their qualifying period.

  • SOR/2020-208, s. 7

Deductions from Benefits

Marginal note:Exclusions from earnings

 The following are to be excluded from the earnings referred to in section 35 of the Employment Insurance Regulations:

  • (a) any pay or earnings referred to in subsection 36(8), (9) or (19) of those Regulations if

    • (i) the claimant’s benefit period begins on or after September 27, 2020, or

    • (ii) the pay or earnings are declared to the Commission on or after September 27, 2020 and would otherwise have been allocated under section 36 of those Regulations to a week beginning on or after September 27, 2020; and

  • (b) any of the following portions of payments that are paid to a claimant as an insured person for the first week for which benefits are payable, if their waiting period has been waived under subsection 153.191(1):

    • (i) the portion of any payments referred to in subsection 37(1) of those Regulations that does not exceed 95% of the claimant’s normal weekly earnings from the employment to which the payments relate, and

    • (ii) despite paragraph 38(1)(a) of those Regulations, the portion of any payments referred to in subsection 38(1) of those Regulations that does not exceed the claimant’s normal weekly earnings from the employment to which the payments relate.

  • SOR/2020-173, s. 6
  • SOR/2020-187, s. 1
  • SOR/2020-187, s. 4

Disqualification and Disentitlement

Marginal note:Definition of employment

 Despite paragraph 29(a), for the purposes of sections 30 to 33, employment refers to any employment of the claimant

  • (a) within their qualifying period, but no earlier than 12 weeks before the Sunday referred to in paragraph 10(1)(a); or

  • (b) within their benefit period.

  • SOR/2020-187, s. 1

Claim Procedure

Marginal note:Information

 Despite paragraph 51(a), the Commission may, but is not required to, give the claimant and the employer the opportunity referred to in that paragraph.

  • SOR/2020-187, s. 1

Cessation of Effect

Marginal note:September 25, 2021 or repeal

  •  (1) Subject to subsection (2), this Part ceases to apply on the earlier of September 25, 2021 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

  • Marginal note:Exception

    (2) Section 153.19 ceases to apply on the earlier of October 31, 2020 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

  • SOR/2020-187, s. 1

PART IXRepeals, Transitional Provisions, Related and Conditional Amendments and Coming into Force

Repeals

 [Repeals]

Transitional Provisions

National Training Act

Marginal note:Allowances

 A training allowance being paid under section 5 of the National Training Act when it is repealed may continue to be paid in accordance with that Act and the regulations made under it, as they read immediately before the repeal of that Act, until the conclusion of the course to which the allowance relates.

Marginal note:Agreements

 An agreement under section 7 of the National Training Act in effect when it is repealed continues in effect according to the terms of the agreement.

 [Repealed, 2010, c. 12, s. 2190]

Unemployment Insurance Act

Marginal note:Benefit periods beginning before this section comes into force

  •  (1) Except as otherwise provided in this section, all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act (the “former Act”) is repealed shall be dealt with under that Act, including any amendments that may be made by Bill C-31, introduced in the second session of the 35th Parliament and entitled An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996.

  • Marginal note:Appeals - written reasons not required

    (1.01) Subsection 70(2) of the former Act applies in respect of appeals under that Act except that the Tax Court of Canada need not give reasons in writing for its decision but may give reasons in writing where, in a particular case, the Court deems it advisable.

  • Marginal note:Deductions for undeclared earnings

    (1.1) Subsection 19(3) of this Act applies to claimants who fail to declare all or some of their earnings in a period determined under the regulations beginning on or after January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on or after that date in respect of any failure to declare earnings for such a period beginning after June 30, 1996.

  • Marginal note:Deductions under subsection 19(4)

    (1.2) Subsection 19(4) of this Act applies to claimants who begin attending a course or program after the former Act is repealed.

  • Marginal note:Parental benefits

    (2) Section 23 of this Act applies in place of section 20 of the former Act to claimants claiming benefits for the care of children born or placed for adoption after that Act is repealed.

  • Marginal note:Job creation projects

    (3) Section 25 of the former Act applies only to claimants employed on job creation projects under that section when that Act is repealed.

  • Marginal note:Training

    (4) Section 26 of the former Act applies only to claimants in a course or program to which they are referred under that section before that Act is repealed.

  • (5) [Repealed, 2010, c. 12, s. 2191]

  • Marginal note:Disentitlement and disqualification

    (6) Sections 27 to 33 of this Act apply in place of sections 27 to 28.3 of the former Act in respect of events occurring after that Act is repealed that give rise to a disentitlement or disqualification under those sections and, for the purpose of applying those sections, a reference in the former Act to

    • (a) section 27 shall be read as a reference to section 27 of this Act;

    • (b) section 28 shall be read as a reference to section 29 of this Act;

    • (c) section 28.1 shall be read as a reference to section 31 of this Act;

    • (d) section 28.2 shall be read as a reference to section 32 of this Act; and

    • (e) section 28.3 shall be read as a reference to section 33 of this Act.

  • Marginal note:Application of section 145

    (7) Section 145 of this Act applies in place of section 123 of the former Act in respect of benefits paid after December 31, 1995.

  • 1996, c. 23, s. 159
  • 1998, c. 19, s. 274
  • 1999, c. 31, s. 82(F)
  • 2010, c. 12, s. 2191
 
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