GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Insurance Act — E-5.6 17
Maximum rate of weekly benefits 17 The maximum rate of weekly benefits is 55 % of the maximum yearly insurable earnings divided by 52. 1996, c. 23, s. 17; 2001, c. 5, s. 6
Employment Insurance Act — E-5.6 18
Availability for work, etc. 18 (1) A claimant is not entitled to be paid benefits for a working day in a benefit period for which the claimant fails to prove that on that day the claimant was (a) capable of and available for work and unable to obtain suitable employment; (b) unable to work because of a prescribed illness, injury or quarantine, and that the claimant would otherwise be available for work; or (c) engaged in jury service. Exception (2) A claimant to whom benefits are payable under any of sections 23 to 23.3 is not disentitled under paragraph (1)(b) for failing to prove that he or she would have been available for work were it not for the illness, injury or quarantine. 1996, c. 23, s. 18; 2012, c. 27, s. 15; 2014, c. 20, s. 247; 2017, c. 20, s. 233
Employment Insurance Act — E-5.6 19
Earnings in waiting period 19 (1) If a claimant 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 are otherwise payable. Earnings in periods of unemployment (2) Subject to subsections (3), (4), 21(3) and 22(5), if the claimant 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 equivalent to 90% of the claimant’s weekly insurable earnings, and (b) 100% of the earnings that are greater than 90% of the claimant’s weekly insurable earnings. Undeclared earnings (3) If the claimant 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 claimant for that period: (i) the amount of the undeclared earnings, if, in the opinion of the Commission, the claimant 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 claimant’s benefits paid for that week. Earnings and allowances from employment support measures, courses and programs (4) Earnings from employment under an employment support measure other than one referred to in paragraph 59(c) or (d) and earnings or allowances payable to a claimant for attending a course or program of instruction or training shall not be deducted under this section except in accordance with the regulations. 1996, c. 23, s. 19; 2018, c. 12, s. 285 2022, c. 10, s. 390
Employment Insurance Act — E-5.6 20
Deduction for excluded days in waiting period 20 (1) If a claimant 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 19(1). Deduction for excluded days not in waiting period (2) If a claimant 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.
Employment Insurance Act — E-5.6 21
Illness, etc. — minor attachment claimants 21 (1) A minor attachment claimant who ceases work because of illness, injury or quarantine is not entitled to receive benefits while unable to work for that reason. Limitation (2) If benefits are payable to a claimant as a result of illness, injury or quarantine and any allowances, money or other benefits are payable to the claimant for that illness, injury or quarantine under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed. Deduction (3) Subject to subsection 19(3), if, as a result of illness, injury or quarantine, benefits are payable to a claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant 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). 1996, c. 23, s. 21; 2012, c. 27, s. 16; 2018, c. 12, s. 286 2021, c. 23, s. 308
Employment Insurance Act — E-5.6 22
Pregnancy 22 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who proves her pregnancy. Weeks for which benefits may be paid (2) Subject to section 12, benefits are payable to a major attachment claimant 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 claimant for unemployment caused by pregnancy and any allowances, money or other benefits are payable to the claimant for that pregnancy under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed. Application of section 18 (4) For the purposes of section 13, the provisions of section 18 do not apply to the week that immediately precedes the period described in subsection (2). Deduction (5) Subject to subsection 19(3), if benefits are payable under this section to a major attachment claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant 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 (6) If a child who is born of the claimant’s pregnancy is hospitalized, the period during which benefits are payable under subsection (2) shall be extended by the number of weeks during which the child is hospitalized. Limitation (7) The extended period shall end no later than 52 weeks after the week of confinement. 1996, c. 23, s. 22; 2016, c. 7, s. 214; 2017, c. 20, s. 234; 2018, c. 12, s. 287 2021, c. 23, s. 309
Employment Insurance Act — E-5.6 23
ing period; (c) another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or (d) the claimant or another major attachment claimant meets the prescribed requirements. Exception (6) If a major attachment claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.04 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then (a) if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or (b) if the individual is not the one who served or elected to serve the waiting period, that claimant may have his or her waiting period deferred in accordance with section 152.05. 1996, c. 23, s. 23; 2000, c. 12, s. 107, c. 14, s. 4; 2002, c. 9, s. 14; 2003, c. 15, s. 18; 2005, c. 30, s. 130; 2009, c. 33, s. 7; 2010, c. 9, s. 3; 2012, c. 27, s. 17; 2017, c. 20, s. 235 2018, c. 27, s. 304 2021, c. 23, s. 310
Employment Insurance Act — E-5.6 23.1
b) another claimant is making a claim for benefits under this section or section 152.06 in respect of the same family member at the same time as the claimant and that other claimant elects to serve the waiting period; or (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.06 in respect of the same family member, meets the prescribed requirements. Division of weeks of benefits (8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.06 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 152.06 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by those claimants. Maximum number of weeks that can be divided (8.1) For greater certainty, if, in respect of the same family member, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.06, the total number of weeks of benefits payable under this section and section 152.06 that may be divided between them may not exceed 26 weeks. Failure to agree (9) If the claimants referred to in subsection (8) cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. Limitation (10) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed. 2003, c. 15, s. 19; 2009, c. 33, s. 8; 2015, c. 36, s. 75; 2017, c. 20, s. 236 2021, c. 23, s. 311
Employment Insurance Act — E-5.6 23.2
er of weeks of benefits payable under this section and section 152.061 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 152.061(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 claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed. 2012, c. 27, s. 18; 2017, c. 20, s. 237 2021, c. 23, s. 312
Employment Insurance Act — E-5.6 23.3
062 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 152.062(3) that is established in respect of that adult. Limitation (9) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed. 2017, c. 20, s. 238 2021, c. 23, s. 313
Employment Insurance Act — E-5.6 24
Regulations for work-sharing benefits 24 (1) The Commission may, with the approval of the Governor in Council, make regulations providing for the payment of work-sharing benefits to claimants who are qualified to receive benefits under this Act and are employed under a work-sharing agreement that has been approved for the purposes of this section by special or general direction of the Commission, including regulations (a) defining and determining the nature of work-sharing employment for which benefits may be paid; (b) prescribing the maximum number of weeks for which benefits may be paid; (c) prescribing the method of paying benefits; (d) prescribing the rate of weekly benefits; (e) providing a method for setting the amount that is the weekly insurable earnings of a claimant employed in work-sharing employment for the purposes of section 14; (f) prescribing the manner of treating, for benefit purposes, earnings received from the claimant’s employer or from other sources; (g) providing for the extension of a claimant’s qualifying period or benefit period for a number of weeks not exceeding the number of weeks of work-sharing employment; (h) deferring service by a claimant of all or any part of their waiting period until their work-sharing employment has ended; and (i) providing for any other matters necessary to carry out the purposes and provisions of this section. No appeal (2) A special or general direction of the Commission approving or disapproving a work sharing agreement for the purposes of subsection (1) is not subject to review under section 112. Presumption (3) For the purposes of this Part, a claimant is unemployed and capable of and available for work during a week when the claimant works in work-sharing employment. 1996, c. 23, s. 24; 2012, c. 19, s. 241
Employment Insurance Act — E-5.6 25
Status of claimants 25 (1) For the purposes of this Part, a claimant is unemployed and capable of and available for work during a period when the claimant is (a) attending a course or program of instruction or training — at the claimant’s own expense, under an employment support measure referred to in paragraph 59(a) or under a measure that is the subject of an agreement under section 63 — to which the Commission, or an authority that the Commission designates, has referred the claimant; or (b) participating in any other employment activity (i) for which assistance has been provided for the claimant under a prescribed employment support measure — other than one referred to in paragraph 59(a) or (c) — or a prescribed measure that is the subject of an agreement under section 63, and (ii) to which the Commission, or an authority that the Commission designates, has referred the claimant. No appeal (2) A decision of the Commission about the referral of a claimant to a course, program or other employment activity mentioned in subsection (1) is not subject to review under section 112. 1996, c. 23, s. 25; 1997, c. 26, s. 88; 1999, c. 31, s. 76(F); 2012, c. 19, s. 242 2022, c. 10, s. 392
Employment Insurance Act — E-5.6 26
Benefits are not earnings 26 For the purposes of this Part, Part IV, the Income Tax Act and the Canada Pension Plan , benefits paid to a claimant while employed under an employment support measure — other than one referred to in paragraph 59(c) or (d) — or under a measure that is the subject of an agreement under section 63 are not earnings from employment. 1996, c. 23, s. 26; 1997, c. 26, s. 89 2022, c. 10, s. 393
Employment Insurance Act — E-5.6 27
Disqualification — general 27 (1) A claimant is disqualified from receiving benefits under this Part if, without good cause since the interruption of earnings giving rise to the claim, the claimant (a) has not applied for a suitable employment that is vacant after becoming aware that it is vacant or becoming vacant, or has failed to accept the employment after it has been offered to the claimant; (b) has not taken advantage of an opportunity for suitable employment; (c) has not carried out a written direction given to the claimant by the Commission with a view to assisting the claimant to find suitable employment, if the direction was reasonable having regard both to the claimant’s circumstances and to the usual means of obtaining that employment; or (d) has not attended an interview that the Commission has directed the claimant to attend to enable the Commission or another appropriate agency (i) to provide information and instruction to help the claimant find employment, or (ii) to identify whether the claimant might be assisted by job training or other employment assistance. Termination of referral (1.1) A claimant is disqualified from receiving benefits under this Part if (a) the Commission or an authority that the Commission designates has, with the agreement of the claimant, referred the claimant to a course or program of instruction or training or to any other employment activity for which assistance has been provided under an employment support measure other than one referred to in paragraph 59(c); and (b) the Commission has terminated the referral because (i) without good cause, the claimant has not attended or participated in the course, program or employment activity and, in the opinion of the Commission, it is unlikely that the claimant will successfully complete the course, program or employment activity, (ii) without good cause, the claimant has withdrawn from the course, program or employment activity, or (iii) the organization providing the course, program or employment activity has expelled the claimant. (2) [Repealed, 2016, c. 12, s. 102] (3) [Repealed, 2012, c. 19, s. 605] 1996, c. 23, s. 27; 2001, c. 34, s. 41(E); 2012, c. 19, s. 605; 2016, c. 12, s. 102 2022, c. 10, s. 394
Employment Insurance Act — E-5.6 28
Duration of disqualification 28 (1) A disqualification under section 27 is for the number of weeks that the Commission may determine, but (a) the number of weeks of a disqualification arising under paragraph 27(1)(a) or (b) shall be not fewer than 7 or more than 12; and (b) the number of weeks of a disqualification arising under paragraph 27(1)(c) or (d) or subsection 27(1.1) shall be not more than 6. When disqualification is to be served (2) Subject to subsections (3) to (5), the weeks of disqualification are to be served during the weeks following the waiting period for which benefits would otherwise be payable if the disqualification had not been imposed and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period. Disqualification to be carried forward (3) Any portion of the disqualification that has not been served when the claimant’s benefit period ends shall, subject to subsections (4) and (5), be served in any benefit period subsequently established within two years after the event giving rise to the disqualification. Limitation (4) No weeks of disqualification shall be carried forward against a claimant who has had 700 or more hours of insurable employment since the event giving rise to the disqualification. Deferral (5) The Commission shall defer the serving of the disqualification if the claimant is otherwise entitled to special benefits or benefits by virtue of section 25. Presumption (6) For the purposes of this Part, benefits are deemed to be paid for the weeks of disqualification. Exception (7) Subsection (6) does not apply to prevent a claimant from requesting that a benefit period established for the claimant as a minor attachment claimant be cancelled under subsection 10(6) and that a benefit period be established for the claimant as a major attachment claimant to enable the claimant to receive special benefits. 1996, c. 23, s. 28; 2001, c. 5, s. 7 2021, c. 23, s. 314
Employment Insurance Act — E-5.6 29
Interpretation 29 For the purposes of sections 30 to 33, (a) employment refers to any employment of the claimant within their qualifying period or their benefit period; (b) loss of employment includes a suspension from employment, but does not include loss of, or suspension from, employment on account of membership in, or lawful activity connected with, an association, organization or union of workers; (b.1) voluntarily leaving an employment includes (i) the refusal of employment offered as an alternative to an anticipated loss of employment, in which case the voluntary leaving occurs when the loss of employment occurs, (ii) the refusal to resume an employment, in which case the voluntary leaving occurs when the employment is supposed to be resumed, and (iii) the refusal to continue in an employment after the work, undertaking or business of the employer is transferred to another employer, in which case the voluntary leaving occurs when the work, undertaking or business is transferred; and (c) just cause for voluntarily leaving an employment or taking leave from an employment exists if the claimant had no reasonable alternative to leaving or taking leave, having regard to all the circumstances, including any of the following: (i) sexual or other harassment, (ii) obligation to accompany a spouse, common-law partner or dependent child to another residence, (iii) discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act , (iv) working conditions that constitute a danger to health or safety, (v) obligation to care for a child or a member of the immediate family, (vi) reasonable assurance of another employment in the immediate future, (vii) significant modification of terms and conditions respecting wages or salary, (viii) excessive overtime work or refusal to pay for overtime work, (ix) significant changes in work duties, (x) antagonism with a supervisor if the claimant is not primarily responsible for the antagonism, (xi) practices of an employer that are contrary to law, (xii) discrimination with regard to employment because of membership in an association, organization or union of workers, (xiii) undue pressure by an employer on the claimant to leave their employment, and (xiv) any other reasonable circumstances that are prescribed. 1996, c. 23, s. 29; 2000, c. 12, s. 108 2021, c. 23, s. 315