Employment Insurance Regulations (SOR/96-332)

Pilot Project Relating to Increased Weeks of Benefits

• 77.2 (1) The Commission establishes Pilot Project No. 6 for the purpose of assessing the costs and impact of increasing weeks of benefits in selected economic regions.

• (2) Pilot Project No. 6 includes each claimant

  • (a) whose benefit period is established in the period beginning on June 6, 2004 and ending on June 4, 2006; and

  • (b) who, at the time the benefit period is established, is ordinarily resident in a region described in Schedule I that is set out in Schedule II.1.

• (3) Despite subsection 12(2) of the Act, the maximum number of weeks for which benefits may be paid in a benefit period that is established for a claimant who is included in Pilot Project No. 6 shall be determined in accordance with the table set out in Schedule II.2 by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.

77.3 [Repealed, SOR/2011-127, s. 1]

77.4 [Repealed, SOR/2011-127, s. 1]

77.5 [Repealed, SOR/2016-206, s. 7]

77.6 [Repealed, SOR/2010-214, s. 1]

Pilot Project for Calculating Benefit Rate Based On Claimant’s 14 Highest Weeks of Insurable Earnings (2)

• 77.7 (1) Pilot Project No. 11 is established for the purpose of testing whether paying benefits based on calculating the rate of weekly benefits using the insurable earnings from a claimant’s 14 highest weeks of insurable earnings in the qualifying period would encourage claimants to accept all available work.

• (2) Pilot Project No. 11 applies in respect of every claimant whose benefit period is established in the period beginning on October 26, 2008 and ending on June 25, 2011 and who is ordinarily resident in a region described in Schedule I that is set out in Schedule II.8, other than a claimant in respect of whom the Employment Insurance (Fishing) Regulations apply.

• (3) For the purposes of Pilot Project No. 11,

  • (a) subsections 14(2), (4) and (4.1) of the Act do not apply;

  • (b) the reference in subsection 14(3) of the Act to “the rate calculation period” shall be read as a reference to “the qualifying period”;

  • (c) the references in section 24.1 of these Regulations to “the rate calculation period” shall be read as references to “the qualifying period”;

  • (d) section 24.2 of these Regulations does not apply;

  • (e) the insurable earnings in a claimant’s qualifying period shall be the aggregate of

    • (i) the insurable earnings from the 14 highest weeks of insurable earnings in that period, not including any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1, and

    • (ii) any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1; and

  • (f) a claimant’s weekly insurable earnings shall be determined by dividing the insurable earnings in the claimant’s qualifying period, determined in accordance with paragraph (e), by 14.

• (4) If a claimant’s insurable earnings have been reported on the record of employment by pay period, the Commission shall

  • (a) allocate the amount of insurable earnings proportionately over the pay period; or

  • (b) if the claimant or the employer provides evidence of the amount of insurable earnings actually earned by the claimant in any week within the pay period, allocate the amount of insurable earnings proportionately over the other weeks in that pay period.

Pilot Project Increasing Allowable Earnings from Employment While Claimant is Receiving Benefits (2)

• 77.8 (1) Pilot Project No. 12 is established for the purpose of testing whether increasing the amount of a claimant’s allowable earnings from employment while the claimant is receiving benefits would encourage more claimants to accept employment while receiving benefits.

• (2) Pilot Project No. 12 applies in respect of every claimant whose benefit period is established or ends in the period beginning on December 7, 2008 and ending on August 6, 2011 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 12, subsection 19(2) of the Act is adapted such that the maximum allowable earnings shall be

  • (a) $75, if the claimant’s rate of weekly benefits is less than $188; and

  • (b) 40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.

• (4) For greater certainty, this section ceases to have effect on August 6, 2011.

77.9 [Repealed, SOR/2016-206, s. 8]

Pilot Project Relating to Extended Employment Insurance and Training Incentive

• 77.91 (1) Pilot Project No. 14 is established for the purposes of assessing whether the extension of the number of weeks of benefits paid to a qualified claimant who undertakes long-term training encourages the claimant to pursue such training and improves their re-employability.

• (2) Pilot Project No. 14 applies in respect of every claimant whose benefit period is established in the period beginning on January 25, 2009 and ending on May 29, 2010.

• (3) Pilot Project No. 14 applies in respect of every claimant who meets the following criteria:

  • (a) the claimant contributed at least 30% of the maximum annual employee’s premium in at least seven of the 10 years before the beginning of the claimant’s benefit period;

  • (b) the claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period;

  • (c) within 20 weeks after the beginning of the claimant’s benefit period or before August 23, 2009, if the benefit period began before May 31, 2009, the claimant has an active return to work action plan; and

  • (d) the claimant is referred by the Commission, or an authority that the Commission designates, under paragraph 25(1)(a) of the Act, to a course or program of instruction or training

    • (i) that is full-time,

    • (ii) that has a duration of at least 20 weeks, and

    • (iii) that begins during one of the 52 weeks following the beginning of the claimant’s benefit period, but not before May 31, 2009.

• (4) Despite subsections 10(2) and (8) of the Act, the benefit period of a claimant who is included in Pilot Project No. 14 is extended by the duration, in weeks, of the course or program referred to in paragraph (3)(d) — including any periods of interruption of the course or program — and the period granted for job-search purposes, up to a maximum of 104 weeks.

• (5) The maximum number of weeks for which benefits may be paid to a claimant who is included in Pilot Project No. 14 is that which is determined by any of subsections 12(2), (3) or (6) of the Act added to, if applicable, the number of weeks that fall within the benefit period established under subsection (4)

  • (a) during which the claimant is attending the course or program referred to in paragraph (3)(d) or is searching for a job during the period granted for that purpose; and

  • (b) for which no benefits are payable under subsection 12(1) of the Act.

• (6) For the application of subsections (4) and (5), the period granted for job-search purposes is equal to one week of benefits for every five weeks of training completed, up to a maximum of 12 consecutive weeks. This period begins on the Sunday after the last day on which the claimant attends the course or program.

• (7) If any of the conditions under which the Commission may terminate the claimant’s referral under paragraph 27(1.1)(b) of the Act exists, subsection (5) ceases to apply on the Sunday after the last day on which the claimant attends the course or program.

Pilot Project Relating to Extended Benefits

• 77.92 (1) Pilot Project No. 15 is established for the purpose of assessing the costs and impact of extending the number of weeks of benefits in selected economic regions.

• (2) Pilot Project No. 15 applies in respect of every claimant

  • (a) who, at the time that their benefit period is established, is ordinarily resident in a region described in Schedule I that is set out in Schedule II.6; and

  • (b) whose benefit period is established in the period beginning on September 12, 2010 and ending

    • (i) if the regional rate of unemployment, as determined in accordance with subsection 17(1), is less than 8.0% for 12 consecutive periods, beginning after October 9, 2010, in the region in respect of which the benefit period was established, on the second Saturday after the first day of the 12th period, or

    • (ii) in any other case, on September 15, 2012.

• (3) If the condition referred to in subparagraph (2)(b)(i) is satisfied, the Commission must, as soon as possible, publish a notice in the Canada Gazette that specifies the day on which the establishment of benefit periods ends, in the region in question, under Pilot Project No. 15. The Commission must also publish the notice on its website.

• (4) Despite subsection 12(2) of the Act, the maximum number of weeks for which benefits may be paid in a benefit period that is established for a claimant who is included in Pilot Project No. 15 shall be determined in accordance with the table set out in Schedule II.7 by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.

Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurable Earnings

• 77.93 (1) Pilot Project No. 16 is established for the purpose of testing whether paying benefits based on a rate of weekly benefits calculated using the insurable earnings from a claimant’s 14 highest weeks of insurable earnings in the qualifying period would encourage claimants to accept all available work.

• (2) Pilot Project No. 16 applies in respect of every claimant whose benefit period is established in the period beginning on June 26, 2011 and ending on April 6, 2013 and who is ordinarily resident in a region described in Schedule I that is set out in Schedule II.91, other than a claimant in respect of whom Part VII.1 of the Act applies or in respect of whom the Employment Insurance (Fishing) Regulations apply.

• (3) For the purposes of Pilot Project No. 16,

  • (a) subsections 14(2), (4) and (4.1) of the Act do not apply;

  • (b) the reference in subsection 14(3) of the Act to “the rate calculation period” shall be read as a reference to “the qualifying period”;

  • (c) the references in section 24.1 to “the rate calculation period” shall be read as references to “the qualifying period”;

  • (d) section 24.2 does not apply;

  • (e) the insurable earnings in a claimant’s qualifying period shall be the aggregate of

    • (i) the insurable earnings from the 14 highest weeks of insurable earnings in that period, not including any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1, and

    • (ii) any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1; and

  • (f) a claimant’s weekly insurable earnings shall be determined by dividing the insurable earnings in the claimant’s qualifying period, determined in accordance with paragraph (e), by 14.

• (4) If a claimant’s insurable earnings have been reported on the record of employment by pay period, the Commission shall

  • (a) allocate the amount of insurable earnings proportionately over the pay period; or

  • (b) if the claimant or the employer provides evidence of the amount of insurable earnings actually earned by the claimant in any week within the pay period, allocate the amount of insurable earnings proportionately over the other weeks in that pay period.

Pilot Project Increasing Allowable Earnings from Employment While Claimant is Receiving Benefits

• 77.94 (1) Pilot Project No. 17 is established for the purpose of testing whether increasing the amount of a claimant’s allowable earnings from employment while the claimant is receiving benefits would encourage more claimants to accept employment while receiving benefits.

• (2) Pilot Project No. 17 applies in respect of every claimant whose benefit period is established or ends in the period beginning on August 7, 2011 and ending on August 4, 2012 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 17, subsection 19(2) of the Act is adapted such that the maximum allowable earnings shall be

  • (a) $75, if the claimant’s rate of weekly benefits is less than $188; and

  • (b) 40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.

• (4) This section ceases to have effect on August 4, 2012.

Pilot Project to Encourage Claimant to Work More While Receiving Benefits

• 77.95 (1) Pilot Project No. 18 is established for the purpose of testing whether deducting from benefits payable to any claimant who has earnings during a week of unemployment 50% of those earnings, until the earnings exceed 90% of their weekly insurable earnings, would encourage claimants to work more while receiving benefits.

• (2) Pilot Project No. 18 applies in respect of every claimant who makes a claim for benefits for any week in the period beginning on August 5, 2012 and ending on August 1, 2015 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 18, section 19 of the Act is adapted by adding the following after subsection (2):

  • (2.1) The amount to be deducted under subsection (2), except for the purpose of section 13, is equal to the total of

    • (a) 50% of the earnings that are less than or equal to 90% of the claimant’s weekly insurable earnings used to establish their rate of weekly benefits, and

    • (b) 100% of any earnings that are greater than 90% of the claimant’s weekly insurable earnings used to establish their rate of weekly benefits.

• (4) For the purpose of Pilot Project No. 18, section 152.18 of the Act is adapted by adding the following after subsection (2):

  • (2.1) The amount to be deducted under subsection (2), except for the purpose of section 152.15, is equal to the total of

    • (a) 50% of the earnings that are less than or equal to 90% of the sum of the amounts referred to in paragraphs 152.16(1)(a) and (b) divided by 52, and

    • (b) 100% of any earnings that are greater than 90% of the sum of the amounts referred to in paragraphs 152.16(1)(a) and (b) divided by 52.

• (5) This section ceases to have effect on August 1, 2015.

• 77.96 (1) The purpose of Pilot Project No. 18 is also to test which method, the one described in subsection 77.94(3) or the one described in subsection 77.95(3), is more effective in encouraging claimants to work more while receiving benefits.

• (2) A claimant who had earnings that were subject to subsection 77.94(3) during the period beginning on August 7, 2011 and ending on August 4, 2012 may elect to have subsection 77.94(3), instead of subsection 77.95(3), apply to earnings received during all weeks of unemployment included in a benefit period, or the portion of a benefit period, that falls within the period beginning on August 5, 2012 and ending on August 1, 2015. The election is irrevocable.

• (3) A claimant must inform the Commission of their election, if any, in respect of earnings received during all weeks of unemployment included in a given benefit period by the applicable deadline as follows:

  • (a) if a notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant during the period beginning on August 5, 2012 and ending on January 5, 2013, February 5, 2013 or 30 days after the day on which the last notification in respect of one or more weeks of unemployment included in that benefit period is issued, whichever is later; or

  • (b) if a notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant after January 5, 2013, 30 days after the day on which the last notification in respect of one or more weeks of unemployment included in that benefit period is issued or August 1, 2015, whichever is earlier.

• (4) If a claimant informs the Commission of their election after the applicable deadline, the election is considered to have been made by that deadline if the claimant shows that there was good cause for the delay throughout the period beginning on the day on which the deadline expired and ending on the day on which the claimant informs the Commission of their election.

• (5) Subject to subsection (6), if no election is made by the applicable deadline, subsection 77.95(3) applies in respect of earnings received during all weeks of unemployment included in the benefit period in question and earnings received during all weeks of unemployment included in any subsequent benefit period. If a benefit period ends after August 1, 2015, subsection 77.95(3) applies only in respect of earnings received during all weeks of unemployment included in the portion of that benefit period that falls within the period beginning on August 5, 2012 and ending on August 1, 2015.

• (6) If a claimant has no earnings during the weeks of unemployment included in the benefit period in question, the failure to make an election by the applicable deadline does not result in the application of subsection 77.95(3) in respect of earnings received during all weeks of unemployment included in any subsequent benefit period.

• (7) Despite subsection (5), if, during the period beginning on August 5, 2012 and ending on October 6, 2012, a notification of payment or non-payment of benefits is issued to a claimant in respect of one or more weeks of unemployment included in a benefit period and, after October 6, 2012, no additional notifications are issued to the claimant in respect of one or more weeks of unemployment included in that same benefit period, the claimant may, if no election is made in respect of earnings received during all weeks of unemployment included in that benefit period, make an election in respect of earnings received during all weeks of unemployment included in the subsequent benefit period.

• (8) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is

  • (a) until March 31, 2013, not subject to appeal under section 114 of the Act; and

  • (b) on or after April 1, 2013, not subject to reconsideration under section 112 of the Act.