GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Insurance Act — E-5.6 152.03
Illness, injury or quarantine 152.03 (1) Subject to this Part, a self-employed person who ceases to work as a self-employed person because of a prescribed illness, injury or quarantine and who would be otherwise working, is entitled to receive benefits while unable to work as a self-employed person for that reason. Exception (1.1) A self-employed person to whom benefits are payable under any of sections 152.05 to 152.062 is entitled to benefits under subsection (1) even though the person did not cease to work as a self-employed person because of a prescribed illness, injury or quarantine and would not be working even without the illness, injury or quarantine. Limitation (2) If benefits are payable to a self-employed person as a result of illness, injury or quarantine and any allowances, money or other benefits are payable to the person for that illness, injury or quarantine under a provincial law, the benefits payable to the person under this Part shall be reduced or eliminated as prescribed. Deduction (3) Subject to subsection 152.18(3), if benefits are payable under this section to a self-employed person for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the person for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1). Disentitlement (4) A self-employed person, other than one referred to in subsection (1.1), is not entitled to benefits under subsection (1) if, were it not for the prescribed illness, injury or quarantine, the self-employed person would be deemed, in accordance with the regulations, to be not working. 2009, c. 33, s. 16; 2012, c. 27, s. 21; 2014, c. 20, s. 248; 2017, c. 20, s. 243; 2018, c. 12, s. 288
Employment Insurance Act — E-5.6 152.04
Pregnancy 152.04 (1) Subject to this Part, benefits are payable to a self-employed person who proves her pregnancy. Weeks for which benefits may be paid (2) Subject to section 152.14, benefits are payable to a self-employed person under this section for each week of unemployment in the period (a) that begins the earlier of (i) 12 weeks before the week in which her confinement is expected, and (ii) the week in which her confinement occurs; and (b) that ends 17 weeks after the later of (i) the week in which her confinement is expected, and (ii) the week in which her confinement occurs. Limitation (3) When benefits are payable to a self-employed person for unemployment caused by pregnancy and any allowances, money or other benefits are payable to the person for that pregnancy under a provincial law, the benefits payable to the self-employed person under this Part shall be reduced or eliminated as prescribed. Presumption (3.1) With regard to serving the waiting period under section 152.15, the week that immediately precedes the period described in subsection (2) is deemed to be a week that is included in that period. Deductions (4) Subject to subsection 152.18(3), if benefits are payable under this section to a self-employed person for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the person for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1). Extension of period (5) If a child who is born of the self-employed person’s pregnancy is hospitalized, the period for which benefits are payable under subsection (2) shall be extended by the number of weeks during which the child is hospitalized. Limitation (6) The extended period shall end no later than 52 weeks after the week of confinement. 2009, c. 33, s. 16; 2017, c. 20, s. 244; 2018, c. 12, s. 289
Employment Insurance Act — E-5.6 152.06
 a claim for benefits under this section or section 23.1 in respect of the same family member, meets the prescribed requirements. Division of weeks of benefits (7) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.1 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 23.1 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. Maximum number of weeks that can be divided (8) For greater certainty, if, in respect of the same family member, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.1, the total number of weeks of benefits payable under this section and section 23.1 that may be divided between them may not exceed 26 weeks. Limitation (9) If benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed. 2009, c. 33, s. 16; 2015, c. 36, s. 77; 2017, c. 20, s. 246
Employment Insurance Act — E-5.6 152.061
der section 23.2, the total number of weeks of benefits payable under this section and section 23.2 that may be divided between them must not exceed 35 weeks. Limitation — compassionate care benefits (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or 23.2(3) that is established in respect of that child. Limitation — benefits for critically ill adult (10.1) Benefits under section 23.3 or 152.062 are not payable during the period of 52 weeks that begins on the first day of the week referred to in paragraph (3)(a) in respect of a person who was a critically ill child if benefits were paid in respect of that person under this section. Limitation (11) When benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed. 2012, c. 27, s. 23; 2017, c. 20, s. 247
Employment Insurance Act — E-5.6 152.062
r this section and section 23.3 that may be divided between them must not exceed 15 weeks. Limitation — compassionate care benefits (8) Benefits under section 23.1 or 152.06 are not payable in respect of an adult during the period referred to in subsection (3) or 23.3(3) that is established in respect of that adult. Limitation (9) When benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed. 2017, c. 20, s. 248
Employment Insurance Act — E-5.6 152.07
lation as follows: (a) if the value of the violation is (i) less than $1,000, it is a minor violation, (ii) $1,000 or more, but less than $5,000, it is a serious violation, or (iii) $5,000 or more, it is a very serious violation; and (b) if the notice of violation is issued within 260 weeks after the person accumulates another violation, it is a subsequent violation, even if the acts or omissions on which it is based occurred before the person accumulated the other violation. Deemed violation (6) A violation accumulated by an individual under section 7.1 is deemed to be a violation accumulated by the individual under this section on the day on which the notice of violation was given to the individual. Limitation (7) A violation may not be taken into account under paragraph (1)(d) in more than two initial claims by an individual for benefits under this Act if the individual who accumulated the violation qualified for benefits in each of those two initial claims, taking into account subparagraph (1)(d)(ii), subsection 7.1(1) or regulations made under Part VIII, as the case may be. 2009, c. 33, s. 16; 2016, c. 7, s. 220 2021, c. 3, s. 2 2021, c. 23, s. 321
Employment Insurance Act — E-5.6 152.08
Qualifying period 152.08 (1) The qualifying period of a self-employed person is the year immediately before the year during which their benefit period begins. Earnings (2) A self-employed person’s self-employed earnings during a qualifying period may not be taken into account in respect of more than one initial claim for benefits. 2009, c. 33, s. 16
Employment Insurance Act — E-5.6 152.09
Benefits under this Part and Part I 152.09 (1) If an individual qualifies for benefits under this Part as a self-employed person and for benefits under Part I as an insured person, the individual may receive benefits under one Part only and, to do so, the individual must, in the prescribed manner, at the time of making an initial claim for benefits, elect under which Part benefits are to be paid. Effect of election (2) The election is binding on the individual in respect of the initial claim for all benefits payable, for any of the following reasons, during the benefit period established in relation to the initial claim: (a) pregnancy; (b) caring for one or more new-born children of the self-employed person, or one or more children placed with the self-employed person for the purpose of adoption; (c) a prescribed illness, injury or quarantine; (d) providing care or support to one or more family members; (e) providing care or support to one or more critically ill children; and (f) providing care or support to one or more critically ill adults. 2009, c. 33, s. 16; 2014, c. 20, s. 249; 2017, c. 20, s. 249
Employment Insurance Act — E-5.6 152.1
Establishment 152.1 (1) When a self-employed person who qualifies under section 152.07 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. Conditions for establishment of benefit period (2) No benefit period is to be established for a self-employed person unless (a) the person makes an initial claim for benefits in accordance with section 50 and the regulations and proves that the person is qualified to receive benefits; and (b) the person supplies information in the form and manner directed by the Commission, giving the person’s employment circumstances and the circumstances pertaining to any interruption of earnings, and any other information that the Commission may require. 2009, c. 33, s. 16
Employment Insurance Act — E-5.6 152.11
riod — reason mentioned in paragraph 152.14(1)(b) (14.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (c), (d), (e) or (f), and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks. Maximum extension under subsections (11) to (14.1) (15) An extension under one or more of subsections (11) to (14.1) must not result in a benefit period of more than 104 weeks. Maximum extension under subsection (14) (16) Subject to subsection (15), unless the benefit period is also extended under any of subsections (11) to (13), an extension under subsection (14) 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 152.14(1) for each of the benefits paid to the self-employed person for one of the reasons mentioned in paragraphs 152.14(1)(a) to (f) during the person’s benefit period before it was extended under subsection (14). (17) to (19) [Repealed, 2012, c. 27, s. 24] 2009, c. 33, s. 16; 2012, c. 27, s. 24; 2013, c. 35, s. 3; 2017, c. 20, s. 250 2021, c. 3, s. 3 2021, c. 23, s. 322
Employment Insurance Act — E-5.6 152.12
Notification 152.12 On receiving an initial claim for benefits, the Commission shall decide whether the self-employed person is qualified to receive benefits and notify the person of its decision. 2009, c. 33, s. 16
Employment Insurance Act — E-5.6 152.13
Benefits 152.13 If a benefit period has been established for a self-employed person, benefits may be paid to the person for each week of unemployment that falls in the benefit period, subject to the maximums established by section 152.14. 2009, c. 33, s. 16
Employment Insurance Act — E-5.6 152.14
of 52 weeks that begins on the first day of the week referred to in paragraph 152.061(3)(a). Maximum — critically ill adult (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.062 — 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 152.062 — 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 152.062(3)(a). Shorter period (6) If a shorter period is prescribed for the purposes of subsection 152.06(4), then that shorter period applies for the purposes of subsection (5). Expiry of shorter period (7) When a shorter period referred to in subsection (6) has expired in respect of a family member, no further benefits are payable under section 152.06 in respect of that family member until the minimum prescribed number of weeks has elapsed. Combined weeks of benefits (8) In a self-employed person’s benefit period, the self-employed person may, subject to the applicable maximums, combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (1), but the maximum number of combined weeks is 50. However, if the benefit period is extended under subsection 152.11(14), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 152.11(16) less two weeks. 2009, c. 33, s. 16; 2012, c. 27, s. 25; 2015, c. 36, s. 78; 2017, c. 20, s. 251 2018, c. 27, s. 306 2021, c. 23, s. 323
Employment Insurance Act — E-5.6 152.15
Waiting period 152.15 A self-employed person is not entitled to be paid benefits in a benefit period until, after the beginning of the benefit period, the person has served a waiting period of one week of unemployment for which benefits would otherwise be payable. 2009, c. 33, s. 16; 2016, c. 7, s. 221
Employment Insurance Act — E-5.6 152.151
Presumption 152.151 (1) For the purpose of determining a self-employed person’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 person’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 person’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 152.18(2) is to be excluded; and (b) a reference to earnings means earnings as determined for the purpose of subsection 152.18(2). 2018, c. 12, s. 290
Employment Insurance Act — E-5.6 152.16
Rate of weekly benefits 152.16 (1) The rate of weekly benefits payable to a self-employed person is 55% — or 33% for the weeks for which the self-employed person is paid benefits under section 152.05 in the case where the applicable maximum number of weeks is established in subparagraph 152.14(1)(b)(ii) — of the result obtained by dividing the aggregate of the amounts referred to in the following paragraphs (a) and (b) by 52: (a) the amount of their self-employed earnings, determined under paragraph 152.01(2)(a), (b) or (c), as the case may be, for their qualifying period; and (b) if they had insurable earnings from employment, including insurable earnings earned as a person to whom regulations made under Part VIII apply, for their qualifying period, the amount of those insurable earnings for that period, calculated without taking into account prescribed insurable earnings. Excess not to be included (2) Only the portion of the aggregate of the amounts referred to in paragraphs (1)(a) and (b) that does not exceed the maximum yearly insurable earnings as calculated under section 4 is to be taken into account for the purposes of subsection (1). 2009, c. 33, s. 16; 2017, c. 20, s. 252
Employment Insurance Act — E-5.6 152.17
Rate increase — family supplement 152.17 (1) The rate of weekly benefits of a self-employed person 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 person establishes, in the manner that the Commission may direct, that the person 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 self-employed person’s rate of weekly benefits shall not exceed the prescribed percentage of their amount of self-employed earnings for the year divided by 52 or, if no percentage is prescribed, 25%. Maximum rate of weekly benefits (5) The maximum rate of weekly benefits that may be paid under this section is 55% of the maximum yearly insurable earnings, as calculated under section 4, divided by 52. 2009, c. 33, s. 16; 2016, c. 12, s. 86
Employment Insurance Act — E-5.6 152.18
Earnings in waiting period 152.18 (1) If a self-employed person has earnings during their waiting period, an amount not exceeding those earnings shall, as prescribed, be deducted from the benefits payable for the first three weeks for which benefits would otherwise be payable. Earnings in periods of unemployment (2) Subject to subsections (3), 152.03(3) and 152.04(4), if the self-employed person has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount equal to the total of (a) 50% of the earnings that are less than or equal to 90% of the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52, and (b) 100% of the earnings that are greater than 90% of the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52. Excess not to be included (2.1) Only the portion of the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) that does not exceed the maximum yearly insurable earnings as calculated under section 4 is to be taken into account for the purpose of subsection (2). Undeclared earnings (3) If the self-employed person has failed to declare all or some of their earnings to the Commission for a period, determined under the regulations, for which benefits were claimed, (a) the following amount shall be deducted from the benefits paid to the person for that period: (i) the amount of the undeclared earnings, if, in the opinion of the Commission, the person knowingly failed to declare the earnings, or (ii) in any other case, the amount of the undeclared earnings less the difference between (A) all amounts determined under paragraph (2)(a) or (b) for the period, and (B) all amounts that were applied under those paragraphs in respect of the declared earnings for the period; and (b) the deduction shall be made (i) from the benefits paid for a number of weeks that begins with the first week for which the earnings were not declared in that period, and (ii) in such a manner that the amount deducted in each consecutive week equals the person’s benefits paid for that week. 2009, c. 33, s. 16; 2018, c. 12, s. 291
Employment Insurance Act — E-5.6 152.19
Deduction for excluded days in waiting period 152.19 (1) If a self-employed person is not entitled to receive benefits for a working day in their waiting period, an amount equal to 1/5 of their weekly rate of benefits for each such working day shall be deducted from the benefits payable for the three weeks described in subsection 152.18(1). Deduction for excluded days not in waiting period (2) If a self-employed person is disentitled from receiving benefits for a working day in a week of unemployment that is not in their waiting period, an amount equal to 1/5 of their weekly rate of benefits for each such working day shall be deducted from the benefits payable for that week. 2009, c. 33, s. 16
Employment Insurance Act — E-5.6 152.2
Prison inmates and persons outside Canada 152.2 Except as may otherwise be prescribed, a self-employed person is not entitled to receive benefits for any period during which the person (a) is an inmate of a prison or similar institution; or (b) is not in Canada. 2009, c. 33, s. 16
Employment Insurance Act — E-5.6 152.21
Premium 152.21 (1) Every self-employed person who has entered into an agreement referred to in subsection 152.02(1) that has not been terminated or that is not deemed to have been terminated shall, in respect of every year, pay a self-employment premium equal to the amount determined under subsection (2) multiplied by the premium rate set under section 66 or 66.32, as the case may be. Amount (2) The amount for the purpose of subsection (1) is the lesser of (a) the amount of the person’s self-employed earnings for the year, and (b) the maximum yearly insurable earnings for the year, as calculated under section 4, minus the person’s insurable earnings, if any. Clarification (3) For greater certainty, a premium is required to be paid (a) in respect of the year during which the self-employed person entered into the agreement, regardless of the date on which it was entered into; and (b) in respect of the year during which the agreement is terminated or deemed to be terminated, regardless of the date on which it was terminated or deemed to be terminated. 2009, c. 33, s. 16; 2013, c. 40, s. 136