GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Insurance Act — E-5.6 4
Maximum yearly insurable earnings 4 (1) For the purposes of subsection 14(1.1), section 17, subsection 82(2) and sections 95 and 145, the maximum yearly insurable earnings is $39,000 until the amount calculated in accordance with subsection (2) for a year, before rounding down under subsection (4), exceeds $39,000, in which case the maximum yearly insurable earnings for that year is that amount, rounded down under subsection (4). Calculation of amount (2) The amount referred to in subsection (1) is the amount equal to 52 times the product obtained by multiplying (a) the average for the 12-month period ending on April 30 in the preceding year of the Average Weekly Earnings for each month in that period by (b) the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year. Subsequent years (3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year. Rounding down (4) If the amount calculated in accordance with subsection (2) or (3) is not a multiple of one hundred dollars, the amount of the maximum yearly insurable earnings is rounded down to the nearest multiple of one hundred dollars. Average Weekly Earnings (5) The Average Weekly Earnings for a month is the average weekly earnings of the Industrial Aggregate in Canada for the month as published by Statistics Canada under the authority of the Statistics Act . 1996, c. 23, s. 4; 2001, c. 5, s. 3; 2012, c. 19, s. 603, c. 31, s. 433; 2013, c. 40, s. 125
Employment Insurance Act — E-5.6 5
usiness (5) The Commission may, with the approval of the Governor in Council and subject to affirmative resolution of Parliament, make regulations for including in insurable employment the business activities of a person who is engaged in a business, as defined in subsection 248(1) of the Income Tax Act . Regulations to exclude employment (6) The Commission may, with the approval of the Governor in Council, make regulations for excluding from insurable employment (a) any employment if it appears to the Commission that because of the laws of a country other than Canada a duplication of contributions or benefits will result; (b) the entire employment of a person who is engaged by one employer partly in insurable employment and partly in other employment; (c) any employment if it appears to the Commission that the nature of the work performed by persons employed in that employment is similar to the nature of the work performed by persons employed in employment that is not insurable employment; (d) the employment of a member of a religious order who has taken a vow of poverty and whose remuneration is paid directly or by the member to the order; (e) any employment in which persons are employed hardly at all or for nominal remuneration; and (f) any employment provided under regulations made under section 24 or under an employment support measure other than one referred to in paragraph 59(c) or (d). Defining certain expressions (7) The Commission may, with the approval of the Governor in Council, make regulations defining, for the purposes of this section, the expressions casual nature , government , in relation to a government of a country other than Canada or of a political subdivision of the other country, and international organization . 1996, c. 23, s. 5 2022, c. 10, s. 388
Employment Insurance Act — E-5.6 6
Definitions 6 (1) In this Part, disentitled means not entitled under section 13, 18, 21, 31, 32, 33, 36, 37, 49 or 50 or under the regulations; ( inadmissible ) disqualified means disqualified under section 27 or 30; ( exclu du bénéfice des prestations ) initial claim for benefits means a claim made for the purpose of establishing a claimant’s benefit period; ( demande initiale de prestations ) major attachment claimant means a claimant who qualifies to receive benefits and has 600 or more hours of insurable employment in their qualifying period; ( prestataire de la première catégorie ) minor attachment claimant means a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable employment in their qualifying period; ( prestataire de la deuxième catégorie ) qualifying period means the period described in section 8; ( période de référence ) waiting period means the one week of the benefit period described in section 13. ( délai de carence ) Rounding off percentages or fractions (2) A reference in this Part to an amount equal to a percentage or fraction of earnings or benefits in a period shall be rounded to the nearest multiple of one dollar or, if the amount is equidistant from two multiples of one dollar, to the higher multiple. Hours of insurable employment (3) For the purposes of this Part, the number of hours of insurable employment that a claimant has in any period shall be established as provided under section 55, subject to any regulations made under paragraph 54(z.1) allocating the hours to the claimant’s qualifying period. Employment not suitable (4) For the purposes of paragraphs 18(1)(a) and 27(1)(a) to (c) and subsection 50(8), employment is not suitable employment for a claimant if (a) it arises in consequence of a work stoppage attributable to a labour dispute; (b) it is in the claimant’s usual occupation and is either at a lower rate of earnings or on conditions less favourable than those observed by agreement between employers and employees or, in the absence of any such agreement, than those recognized by good employers; or (c) it is not in the claimant’s usual occupation and is either at a lower rate of earnings or on conditions less favourable than those that the claimant might reasonably expect to obtain, having regard to the conditions that the claimant usually obtained in their usual occupation, or would have obtained if they had continued to be so employed. Reasonable interval (5) After a lapse of a reasonable interval from the date on which an insured person becomes unemployed, paragraph (4)(c) does not apply to the employment described in that paragraph if it is employment at a rate of earnings not lower and on conditions not less favourable than those observed by agreement between employers and employees or, in the absence of any such agreement, than those recognized by good employers. 1996, c. 23, s. 6; 2000, c. 14, s. 2; 2016, c. 7, s. 208, c. 12, s. 101 2021, c. 23, s. 302
Employment Insurance Act — E-5.6
disentitled means not entitled under section 13, 18, 21, 31, 32, 33, 36, 37, 49 or 50 or under the regulations; ( inadmissible )
Employment Insurance Act — E-5.6
disqualified means disqualified under section 27 or 30; ( exclu du bénéfice des prestations )
Employment Insurance Act — E-5.6
initial claim for benefits means a claim made for the purpose of establishing a claimant’s benefit period; ( demande initiale de prestations )
Employment Insurance Act — E-5.6
major attachment claimant means a claimant who qualifies to receive benefits and has 600 or more hours of insurable employment in their qualifying period; ( prestataire de la première catégorie )
Employment Insurance Act — E-5.6
minor attachment claimant means a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable employment in their qualifying period; ( prestataire de la deuxième catégorie )
Employment Insurance Act — E-5.6
qualifying period means the period described in section 8; ( période de référence )
Employment Insurance Act — E-5.6
waiting period means the one week of the benefit period described in section 13. ( délai de carence )
Employment Insurance Act — E-5.6 7
Benefits payable to persons who qualify 7 (1) Unemployment benefits are payable as provided in this Part to an insured person who qualifies to receive them. Qualification requirement (2) An insured person qualifies if the person (a) has had an interruption of earnings from employment; and (b) has had during their qualifying period at least the number of hours of insurable employment set out in the following table in relation to the regional rate of unemployment that applies to the person. TABLE Regional Rate of Unemployment Required Number of Hours of Insurable Employment in Qualifying Period 6% and under 700 more than 6% but not more than 7% 665 more than 7% but not more than 8% 630 more than 8% but not more than 9% 595 more than 9% but not more than 10% 560 more than 10% but not more than 11% 525 more than 11% but not more than 12% 490 more than 12% but not more than 13% 455 more than 13% 420 (3) to (5) [Repealed, 2016, c. 7, s. 209] Other benefit rights — Canada-U.S. agreement (6) An insured person is not qualified to receive benefits if it is jointly determined that the insured person must first exhaust or end benefit rights under the laws of another jurisdiction, as provided by Article VI of the Agreement Between Canada and the United States Respecting Unemployment Insurance , signed on March 6 and 12, 1942. 1996, c. 23, s. 7; 1999, c. 31, s. 75(E); 2001, c. 5, s. 4; 2009, c. 33, s. 3; 2016, c. 7, s. 209 2021, c. 23, s. 303
Employment Insurance Act — E-5.6 8
Qualifying period 8 (1) Subject to subsections (2) to (7), the qualifying period of an insured person is the shorter of (a) the 52-week period immediately before the beginning of a benefit period under subsection 10(1), and (b) the period that begins on the first day of an immediately preceding benefit period and ends with the end of the week before the beginning of a benefit period under subsection 10(1). Extension of qualifying period (2) A qualifying period mentioned in paragraph (1)(a) is extended by the aggregate of any weeks during the qualifying period for which the person proves, in such manner as the Commission may direct, that throughout the week the person was not employed in insurable employment because the person was (a) incapable of work because of a prescribed illness, injury, quarantine or pregnancy; (b) confined in a jail, penitentiary or other similar institution and was not found guilty of the offence for which the person was being held or any other offence arising out of the same transaction; (c) receiving assistance under an employment support measure other than one referred to in paragraph 59(c) or (d); or (d) receiving payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the person, her unborn child or a child whom she was breast-feeding. (3) [Repealed, 2021, c. 23, s. 305] Further extension of qualifying period (4) A qualifying period is further extended by the aggregate of any weeks during an extension for which the person proves, in any manner that the Commission may direct, that the person was not employed in insurable employment because of a reason specified in subsection (2). Period not counted if benefits received (5) For the purposes of subsections (2) and (4), a week during which the person was in receipt of benefits does not count. (6) [Repealed, 2021, c. 23, s. 305] Maximum extension of qualifying period (7) No extension under subsection (2) or (4) may result in a qualifying period of more than 104 weeks. 1996, c. 23, s. 8; 2013, c. 35, s. 1 2021, c. 23, s. 305 2022, c. 10, s. 389
Employment Insurance Act — E-5.6 9
Establishment of benefit period 9 When an insured person who qualifies under section 7 or 7.1 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.
Employment Insurance Act — E-5.6 10
of the reasons mentioned in paragraphs 12(3)(a) to (f) and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and (c) 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. Extension of benefit period — reason mentioned in paragraph 12(3)(b) (13.01) The benefit period is extended by 26 weeks so that benefits may be paid for the reason mentioned in paragraph 12(3)(b) up to the maximum number of weeks if, during a claimant’s benefit period, (a) benefits were paid to the claimant for that reason and the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii); (b) regular benefits were not paid to the claimant; and (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f). Extension of benefit period — regular and special benefits (13.02) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6) as determined under subsection 12(7), the benefit period is extended so that benefits may be paid up to that total number of weeks. The extension must not exceed 26 weeks. Limitation (13.03) Only the regular benefits and benefits for any of the reasons mentioned in paragraphs 12(3)(a) to (f) that were paid during the claimant’s benefit period before it was extended under subsection (13.02) are payable during that extension. (13.1) to (13.7) [Repealed, 2016, c. 7, s. 211] Maximum extension under subsections (10) to (13.02) (14) An extension under one or more of subsections (10) to (13.02) must not result in a benefit period of more than 104 weeks. (14.1) [Repealed, 2016, c. 7, s. 211] Maximum extension under subsection (13) (15) Subject to subsection (14), unless the benefit period is also extended under any of subsections (10) to (12.1), an extension under subsection (13) 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 12(3) for each of the benefits paid to the claimant for one of the reasons mentioned in paragraphs 12(3)(a) to (f) during the claimant’s benefit period before it was extended under subsection (13). 1996, c. 23, s. 10; 2002, c. 9, s. 12; 2003, c. 15, s. 16; 2009, c. 30, s. 1, c. 33, s. 5; 2010, c. 9, s. 2; 2012, c. 27, s. 13; 2013, c. 35, s. 2; 2016, c. 7, s. 211; 2017, c. 20, s. 230 2021, c. 23, s. 306
Employment Insurance Act — E-5.6 11
Week of unemployment 11 (1) A week of unemployment for a claimant is a week in which the claimant does not work a full working week. Exception — no duties to perform (2) A week during which a claimant’s contract of service continues and in respect of which the claimant receives or will receive their usual remuneration for a full working week is not a week of unemployment, even though the claimant may be excused from performing their normal duties or does not have any duties to perform at that time. Exception — leave with deferred remuneration (3) A week or part of a week during a period of leave from employment is not a week of unemployment if the employee (a) takes the period of leave under an agreement with their employer; (b) continues to be an employee of the employer during the period; and (c) receives remuneration that was set aside during a period of work, regardless of when it is paid. Exception — compensatory leave (4) An insured person is deemed to have worked a full working week during each week that falls wholly or partly in a period of leave if (a) in each week the insured person regularly works a greater number of hours, days or shifts than are normally worked in a week by persons employed in full-time employment; and (b) the person is entitled to the period of leave under an employment agreement to compensate for the extra time worked.
Employment Insurance Act — E-5.6 12
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 23.2(3)(a). Maximum — critically ill adult (4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.3 — 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 23.3 — 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 23.3(3)(a). Combined weeks of benefits (5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period is extended under subsection 10(13), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 10(15) less two weeks. Combined weeks of benefits (6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled under subsection (2), (2.1) or (2.3) and because of a reason mentioned in subsection (3), but the total number of weeks of benefits shall not exceed 50. Determination — total number of weeks (7) For the purpose of determining whether the total number of weeks of benefits established under subsection (6) has been reached, in the case where benefits have been paid for the reason mentioned in paragraph 12(3)(b) and the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), (a) the number of weeks of benefits that were paid for the reason mentioned in paragraph 12(3)(b) is converted to the number of weeks of benefits that would have been paid at a rate of weekly benefits of 55%, as set out in the table in Schedule IV; and (b) other than the weeks referred to in subsections 10(10) to (12.1) in respect of which the benefit period is extended and the week referred to in section 13, the weeks for which no benefits were paid are deemed to be weeks for which benefits were paid at a rate of weekly benefits of 55%. Adoption (8) For the purposes of this section, the placement with a major attachment claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption. 1996, c. 23, s. 12; 2000, c. 14, s. 3; 2002, c. 9, s. 13; 2003, c. 15, s. 17; 2009, c. 30, s. 2, c. 33, s. 6; 2012, c. 27, s. 14; 2015, c. 36, s. 74; 2016, c. 7, s. 212; 2017, c. 20, s. 231 2018, c. 27, s. 303 2021, c. 3, s. 1 2021, c. 23, s. 307 2022, c. 5, s. 47 2022, c. 10, s. 413 2023, c. 26, s. 617 2024, c. 17, s. 259
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Waiting period 13 A claimant is not entitled to be paid benefits in a benefit period until, after the beginning of the benefit period, the claimant has served a waiting period of one week of unemployment for which benefits would otherwise be payable. 1996, c. 23, s. 13; 2016, c. 7, s. 213
Employment Insurance Act — E-5.6 13.1
Presumption 13.1 (1) For the purpose of determining a claimant’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week not the waiting period — the amount of the benefits that would have been payable in that week after deducting the following would be greater than zero: (a) the amount of the earnings, if any, that is greater than $50, if the claimant’s rate of weekly benefits is less than $200; or (b) the amount of the earnings, if any, that is greater than 25% of the claimant’s rate of weekly benefits, if that rate is $200 or more. References (2) For the purpose of subsection (1), (a) in determining the amount of the benefits that would have been payable, the deduction referred to in subsection 19(2) is to be excluded; and (b) a reference to earnings means earnings as determined for the purpose of subsection 19(2). 2018, c. 12, s. 284
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Rate of weekly benefits 14 (1) The rate of weekly benefits payable to a claimant is 55% of their weekly insurable earnings, or 33% of their weekly insurable earnings for the weeks for which the claimant is paid benefits under section 23 in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii). Maximum weekly insurable earnings (1.1) The maximum weekly insurable earnings is (a) $750 if the claimant’s benefit period begins during the years 1997 to 2000; and (b) if the claimant’s benefit period begins in a subsequent year, the maximum yearly insurable earnings divided by 52. Weekly insurable earnings (2) A claimant’s weekly insurable earnings are their insurable earnings in the calculation period divided by the number of weeks determined in accordance with the following table by reference to the applicable regional rate of unemployment. TABLE Regional Rate of Unemployment Number of Weeks not more than 6% 22 more than 6% but not more than 7% 21 more than 7% but not more than 8% 20 more than 8% but not more than 9% 19 more than 9% but not more than 10% 18 more than 10% but not more than 11% 17 more than 11% but not more than 12% 16 more than 12% but not more than 13% 15 more than 13% 14 Insurable earnings (3) Insurable earnings in the calculation period are equal to the total of the following amounts established and calculated in accordance with the regulations: (a) the claimant’s insurable earnings during the calculation period including those from insurable employment that has not ended but not including any insurable earnings paid or payable to the claimant by reason of lay-off or separation from employment in the qualifying period; and (b) the insurable earnings paid or payable to the claimant, during the qualifying period, by reason of lay-off or separation from employment. Calculation period (4) The calculation period of a claimant is the number of weeks, whether consecutive or not, determined in accordance with the table set out in subsection (2) by reference to the applicable regional rate of unemployment, in the claimant’s qualifying period for which he or she received the highest insurable earnings. (4.1) [Repealed, 2012, c. 19, s. 604] 1996, c. 23, s. 14; 2012, c. 19, s. 604; 2017, c. 20, s. 232
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Rate increase — family supplement 16 (1) The rate of weekly benefits of a claimant who has one or more dependent children shall be increased by the amount of a family supplement determined in accordance with the regulations if the claimant establishes, in such manner as the Commission may direct, that the claimant meets the prescribed low-income family eligibility criteria. Criteria (2) The criteria for low-income family eligibility may include criteria that are the same as or similar to the criteria for receiving a Canada child benefit. Canada child benefit (3) For the purposes of subsection (2), a Canada child benefit is a deemed overpayment under subdivision a.1 of Division E of Part I of the Income Tax Act . Maximum increase (4) The amount of the increase in the claimant’s rate of weekly benefits shall not exceed the prescribed percentage of the claimant’s weekly insurable earnings or, if no percentage is prescribed, 25%. 1996, c. 23, s. 16; 2016, c. 12, s. 86