Employment Insurance Regulations — 2
2 The following applies in place of sections 19 to 21: Information Relating to Employment History 19 (1) Every employer who employs a person in insurable employment shall, if that person has an interruption of earnings, complete a record of employment in quadruplicate with respect to that person on a form supplied by the Commission. (2) Subject to subsection (3), copies of the record of employment completed pursuant to subsection (1) shall be distributed in the following manner: (a) the copies marked “Employee’s copy: Part 1” and “Employee’s copy: Part 2” shall be delivered or mailed to the insured person not later than five days after the later of (i) the first day of the interruption of earnings, and (ii) the day on which the employer becomes aware of the interruption of earnings; (b) the copy marked “Commission’s copy” shall be mailed to the Commission within the time limit set out in paragraph (a); and (c) the copy marked “Employer’s copy” shall be kept and retained as a part of the employer’s records and books of account in accordance with subsection 87(3) of the Act. (3) If, for reasons beyond the employer’s control, the employer is unable to deliver or mail the copies marked “Employee’s copy: Part 1” and “Employee’s copy: Part 2” of the completed record of employment to the insured person within the time limit set out in paragraph (2)(a), the employer shall retain them until (a) such time as they are requested by the Commission or insured person, or (b) 52 weeks after the time limit set out in paragraph (2)(a), whichever is earlier. (4) The number of weeks of insurable employment and insurable earnings reported in a record of employment with respect to an insured person shall be as determined and allocated pursuant to Parts III and IV of the Act and any regulations made under those Parts, but sections 35 and 36 of these Regulations shall not apply in respect of any such determination. (5) Where the earnings of a claimant for a pay period that is current when the claimant has a lay-off or separation from employment cannot be ascertained with accuracy, the employer may estimate the earnings for that period. 20 (1) Where an employer has failed to deliver a record of employment to an insured person or the Commission pursuant to section 19 or the employer is not available or is unable to provide information respecting the employment history and insurable earnings of a claimant because the employer’s records are destroyed or lost, a claimant may provide a statement containing evidence of their employment history and insurable earnings. (2) All the weeks of insurable employment reported in a record of employment shall be determined to have occurred consecutively and to be weeks that immediately preceded and included the week in which the lay-off or separation occurred. (3) Notwithstanding subsection 19(4) and section 23, for the purposes of Part I of the Act, the number of weeks of insurable employment in any one employment period of a claimant shall not be greater than the number of weeks or part weeks that falls within that employment period. (4) Where a bankrupt employer or the trustee of the bankrupt employer has not provided the Commission with a record of employment for an insured person, the Commission may, in respect of that person, determine the number of insurable weeks and the amount of insurable earnings for benefit purposes on the basis of the payroll and personnel records of the bankrupt employer provided to the Commission by the trustee.