Employment Insurance Regulations (SOR/96-332)

Pilot Project to Encourage Claimant to Work More While Receiving Benefits (2)

• 77.97 (1) Pilot Project No. 19 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. 19 applies in respect of every claimant who makes a claim for benefits for any week in the period beginning on August 2, 2015 and ending on August 6, 2016 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 19, 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. 19, 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 6, 2016.

• 77.98 (1) The purpose of Pilot Project No. 19 is also to test which method, the one described in subsection 77.94(3) or the one described in subsection 77.97(3), is more effective in encouraging claimants to work more while receiving benefits.

• (2) A claimant may elect to have subsection 77.94(3), instead of subsection 77.97(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 2, 2015 and ending on August 6, 2016 if the claimant

  • (a) had earnings that were subject to subsection 77.94(3) during the period beginning on August 7, 2011 and ending on August 4, 2012; and

  • (b) made every election that they were entitled to make under section 77.96, other than an election in respect of a benefit period that began before August 2, 2015 if the last 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 on or after August 2, 2015.

• (3) Any election made under section 77.96 in respect of a benefit period is deemed to apply to earnings received during all weeks of unemployment included in the portion of that benefit period that falls within the period beginning on August 2, 2015 and ending on August 6, 2016 if the last 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 on or after August 2, 2015.

• (4) Any election made under subsection (2) in respect of a benefit period that began before August 2, 2015 also applies to earnings received during all weeks of unemployment included in the portion of that benefit period that falls before August 2, 2015.

• (5) 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 not later than 30 days after the day on which the last 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 or August 6, 2016, whichever is earlier. The election is irrevocable.

• (6) If a claimant informs the Commission of their election after the day on which the deadline expires, 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.

• (7) Subject to subsection (8), if no election is made by the applicable deadline, subsection 77.97(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 6, 2016, subsection 77.97(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 2, 2015 and ending on August 6, 2016.

• (8) 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 77.97(3) in respect of earnings received during all weeks of unemployment included in any subsequent benefit period.

• (9) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is not subject to reconsideration under section 112 of the Act.

Pilot Project Relating to Earned Income While Receiving Benefits

• 77.99 (1) Pilot Project No. 20 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 are greater than 90% of their weekly insurable earnings, would encourage claimants to work more while receiving benefits.

• (2) Pilot Project No. 20 applies in respect of every claimant who makes a claim for benefits for any week in the period beginning on August 7, 2016 and ending on August 11, 2018 and who is ordinarily resident in a region described in Schedule I.

• (3) For the purpose of Pilot Project No. 20, 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. 20, 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 11, 2018.

• 77.991 (1) The purpose of Pilot Project No. 20 is also to test which method, the one described in subsection 77.94(3) or the one described in subsection 77.99(3), is more effective in encouraging claimants to work more while receiving benefits.

• (2) A claimant may elect to have subsection 77.94(3), instead of subsection 77.99(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 7, 2016 and ending on August 11, 2018.

• (3) Any election made under section 77.98 in respect of a benefit period is deemed to apply to earnings received during all weeks of unemployment included in the portion of that benefit period that falls within the period beginning on August 7, 2016 and ending on August 11, 2018 if the last 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 on or after August 7, 2016.

• (4) A claimant who was eligible to make an election under section 77.98 in respect of a benefit period that began before August 7, 2016 and has not ended on or before that day may make an election under subsection (2) in respect of that benefit period if the last notification of payment or non-payment of benefits in respect of that benefit period is issued to the claimant on or after August 7, 2016.

• (5) 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 not later than the 30th day after the day on which the last 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 or August 11, 2018, whichever is earlier. The election is irrevocable.

• (6) If a claimant informs the Commission of their election after the day on which the deadline expires, 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.

• (7) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is not subject to reconsideration under section 112 of the Act.

Pilot Project Relating to Increased Weeks of Benefits for Seasonal Workers

• 77.992 (1) Pilot Project No. 21 is established for the purpose of testing the effectiveness of a mechanism that targets persons who meet the criteria set out in subsection (2) and testing the outcomes of increasing the number of weeks of benefits paid to the targeted population.

• (2) Pilot Project No. 21 applies to every claimant who meets the following criteria:

  • (a) the date on which a benefit period is established falls within the period beginning on August 5, 2018 and ending on September 25, 2021;

  • (b) at the time that the benefit period is established, the claimant is ordinarily resident in a region described in Schedule I that is set out in Schedule II.92;

  • (c) in the 260 weeks before the beginning of the benefit period referred to in paragraph (a), at least three benefit periods had been established during which regular benefits were paid or payable; and

  • (d) at least two of the benefit periods referred to in paragraph (c) had begun around the same time of year as the benefit period referred to in paragraph (a) began.

• (3) For the purposes of paragraph (2)(c), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.

• (4) For the purposes of paragraph (2)(d), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is

  • (a) 52 weeks before the first week of the benefit period referred to in paragraph (2)(a);

  • (b) 104 weeks before the first week of the benefit period referred to in paragraph (2)(a);

  • (c) 156 weeks before the first week of the benefit period referred to in paragraph (2)(a);

  • (d) 208 weeks before the first week of the benefit period referred to in paragraph (2)(a); or

  • (e) 260 weeks before the first week of the benefit period referred to in paragraph (2)(a).

• (5) 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. 21 shall be determined in accordance with the table set out in Schedule II.93 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 to Provide Additional Weeks of Benefits to Seasonal Workers as a Result of Low Unemployment Rates

• 77.993 (1) Pilot Project No. 22 is established for the purpose of testing whether certain claimants who meet the conditions set out in subsection 12(2.3) of the Act require more additional weeks of benefits as a result of low unemployment rates.

• (2) Pilot Project No. 22 applies to every claimant whose benefit period is established in the period beginning on September 10, 2023 and ending on September 7, 2024 and who meets the conditions set out in subsection 12(2.3) of the Act.

• (3) For the purposes of Pilot Project No. 22, the reference to “Schedule V” in the portion of subsection 12(2.3) of the Act before paragraph (a) shall be read as a reference to “Schedule II.94 of the Employment Insurance Regulations”.

PART VAdministrative Provisions

Reconsideration under Section 112 of the Act

• 78 (1) For the purposes of section 112 of the Act, a request for reconsideration of a decision of the Commission must be in writing and contain the following information:

  • (a) the name of the person making the request and their

    • (i) social insurance number or the business number assigned to them by the Minister of National Revenue, as the case may be,

    • (ii) address and telephone number, and

    • (iii) facsimile number and email address, if any;

  • (b) the date on which the decision was communicated to the person;

  • (c) the reasons why the person is requesting a reconsideration of the decision; and

  • (d) any relevant information that was not previously provided to the Commission.

• (2) A request for reconsideration must be filed with the Commission at the address, facsimile number or email address — or in accordance with the electronic filing procedure — provided by the Commission on the website of the Department of Employment and Social Development.

79 The Commission must render decisions on requests for reconsideration without delay.

Suspension of Benefits Pending Appeal

80 Benefits are not payable in accordance with a decision of the Employment Insurance Section of the Social Security Tribunal if, within 21 days after the day on which a decision is given, the Commission makes an application for leave to appeal to the Appeal Division of that Tribunal on the ground that the Employment Insurance Section has erred in law.

81 If the Commission makes an application under the Federal Courts Act for judicial review of a decision of the Appeal Division of the Social Security Tribunal, benefits are not payable in respect of the claim for benefits that is the object of the decision until the final determination of the application for judicial review.

• 82 (1) If a decision of the General Division of the Social Security Tribunal that declares a provision of the Act or these Regulations to be ultra vires is appealed by the Commission to the Appeal Division of that Tribunal, benefits are not payable in respect of the claim for benefits that is the object of the decision — nor in respect of any other claim for benefits made after the decision of the General Division, if benefits would not be payable except for that decision — until

  • (a) the final determination of the appeal by the Appeal Division; or

  • (b) the final determination of any application made by the Commission under the Federal Courts Act for judicial review of the final determination of the appeal by the Appeal Division, if the final determination of the appeal declares the provision of the Act or these Regulations to be ultra vires.

• (2) If the Commission makes an application under the Federal Courts Act for judicial review of a decision of the Appeal Division of the Social Security Tribunal that declares a provision of the Act or these Regulations to be ultra vires, benefits are not payable in respect of the claim for benefits that is the object of the decision — nor in respect of any other claim for benefits made after the decision of the Appeal Division, if benefits would not be payable except for that decision — until the final determination of the application for judicial review.