GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Insurance Act — E-5.6 153.6
Application of other provisions 153.6 (1) In the case of a claim made for the employment insurance emergency response benefit, the following provisions apply in respect of the employment insurance emergency response benefit, subject to the adaptations set out in subsection (2) and in sections 153.1301 to 153.13091: (a) subsections 42 (1) and (2) and sections 43 , 44 , 47 , 50 and 52 ; (b) the provisions of Part II; (c) the provisions of Part III and IV; (d) the provisions of Part VI, except subsections 112 (3) and 114 (2) and sections 115 and 140 ; and (e) section 27 and subsections 92(1) to (5) and (8) of the Employment Insurance Regulations . Adaptation (2) A provision referred to in paragraph (1)(a), (d) or (e) is adapted (a) to refer, in respect of claimants and the benefits to which it refers, to the claimant within the meaning of this Part and the employment insurance emergency response benefit provided under this Part; (b) so that any reference, in the English version, to “entitled” and other parts of speech and grammatical forms of the same word means “eligible” under section 153.9 ; and (c) so that any reference to the regulations made under the authority of this Act is to be read without that reference. Non-application of other provisions (3) No other provision of this Act or of any regulations made under it applies in respect of a claim for the employment insurance emergency response benefit unless a contrary intention appears. However, for greater certainty, the definitions set out in subsection 2(1) apply in this Part. SOR/2020-61, s. 1 SOR/2020-88, s. 2 SOR/2020-89, s. 2 SOR/2020-169, s. 2 SOR/2020-188, s. 2
Employment Insurance Act — E-5.6 153.7
Payment 153.7 (1) An employment insurance emergency response benefit is payable to a claimant who makes a claim under section 153.8 and who is eligible for the benefit. Payments in advance (1.1) The Commission may pay the employment insurance emergency response benefit in advance of the customary time for paying it. Other benefits (2) A claimant who receives, under a provincial Act or any other provincial mechanism, a sum of money or financial aid of any type and in any form, for reasons related to COVID-19, remains eligible to receive the employment insurance emergency response benefit. Financial aid under section 63 (3) A claimant who receives financial aid as a result of entering into an agreement referred to in section 63 remains eligible to receive the employment insurance emergency response benefit. SOR/2020-61, s. 1 SOR/2020-169, s. 3
Employment Insurance Act — E-5.6 153.8
Claim 153.8 (1) Any claimant may, in the form and manner established by the Minister, make a claim for the employment insurance emergency response benefit for any two-week period starting on a Sunday and falling within the period beginning on March 15, 2020 and ending on October 3, 2020. Exception — week of September 27, 2020 (1.1) Despite subsection (1), an employment insurance emergency response benefit is not payable to a claimant for the week beginning September 27, 2020 unless an employment insurance emergency response benefit was paid or payable to the claimant for any week beginning before that date. Limitation (2) A claim must not be made after December 2, 2020. Information (3) A claimant must provide the Minister with any information that the Minister may require in respect of the claim. Information — Employer (4) An employer must provide the Minister with any information that the Minister may require in respect of the claim. No benefit period — March 15 to September 26, 2020 (5) For the period beginning on March 15, 2020 and ending on September 26, 2020, no benefit period is to be established with respect to any of the benefits referred to in paragraph 153.5(3)(a). No benefit period — September 27 to October 3, 2020 (6) For the period beginning on September 27, 2020 and ending on October 3, 2020, no benefit period is to be established with respect to any of the benefits referred to in paragraph 153.5(3)(a) if (a) an employment insurance emergency response benefit was paid or payable to the claimant for any week beginning before September 27, 2020; and (b) the claimant has not claimed the employment insurance emergency response benefit for the maximum number of weeks referred to in section 153.11. Notification (7) On receiving a claim for the employment insurance emergency response benefit, the Commission shall decide whether the claimant is eligible for the benefit and whether the benefit is payable to the claimant for the two-week period in respect of which they claimed the benefit, and shall notify the claimant of its decisions in any manner that it considers adequate. SOR/2020-61, s. 1 SOR/2020-169, s. 4 SOR/2020-188, s. 3
Employment Insurance Act — E-5.6 153.10
Amount of payment 153.10 (1) The amount of the employment insurance emergency response benefit for a week is $500. Provincial assistance — COVID-19 (2) For greater certainty, if a claimant receives, under a provincial Act or any other provincial mechanism, a sum of money or financial aid of any type and in any form, for reasons related to COVID-19, the weekly amount of the employment insurance emergency response benefit will not be reduced or eliminated. Rate increase — family supplement (3) Section 16 and subsections 152.17(1) to (4) apply, with the necessary modifications, to the amount of the employment insurance emergency response benefit. SOR/2020-61, s. 1 SOR/2020-88, s. 4
Employment Insurance Act — E-5.6 153.11
Maximum number of weeks 153.11 The maximum number of weeks for which the employment insurance emergency response benefit may be paid to a claimant is 28 minus the number of weeks, if any, for which the claimant receives an income support payment under the Canada Emergency Response Benefit Act or a Canada emergency student benefit under the Canada Emergency Student Benefit Act . SOR/2020-61, s. 1 SOR/2020-141, s. 1 SOR/2020-173, s. 2 SOR/2020-188, s. 4
Employment Insurance Act — E-5.6 153.111
Benefit enhancements under this Act — Emergency Response Benefits 153.111 There shall be credited to the Employment Insurance Operating Account an amount determined by the Minister of Finance that corresponds to the total cost of the employment insurance emergency response benefit under this Act, including all costs related to the benefit and its administration. SOR/2020-208, s. 1
Employment Insurance Act — E-5.6 153.12
Social insurance number 153.12 The Minister is authorized to collect and use, for the purposes of the administration and enforcement of this Part, the Social Insurance Number of a claimant who makes a claim under this Part. SOR/2020-61, s. 1
Employment Insurance Act — E-5.6 153.121
End of benefit period 153.121 (1) A benefit period that was established for a claimant before March 15, 2020 — including a benefit period established in respect of benefits payable under Part VIII — ends the day before the first week for which the claimant is paid an employment insurance emergency response benefit. Reconsideration (2) Despite subsection (1), if, following a reconsideration carried out under section 112, a decision that results in a benefit period being established that begins before March 15, 2020 is rendered after the claimant has been paid an employment insurance emergency response benefit, the benefit period does not end and the claimant is deemed to have not been eligible for the employment insurance emergency response benefit by reason of paragraph 153.9(2)(a). SOR/2020-173, s. 3
Employment Insurance Act — E-5.6 153.13
No reduction 153.13 When a benefit period is being established for a claimant who has received an employment insurance emergency response benefit, in establishing the benefit period, the weeks during which the benefit was paid is not to be taken into account. SOR/2020-61, s. 1
Employment Insurance Act — E-5.6 153.1301
Adaptation of English version of section 44 153.1301 For the purposes of applying paragraph 153.6 (1)(a), section 44 of the English version is adapted as follows: Liability to return overpayment 44 A person who has received or obtained an employment insurance emergency response benefit payment for which the person is not eligible, or an employment insurance emergency response benefit payment in excess of the amount for which the person is eligible, shall without delay return the amount, the excess amount or the special warrant for payment of the amount, as the case may be. SOR/2020-169, s. 5
Employment Insurance Act — E-5.6 44
Liability to return overpayment 44 A person who has received or obtained an employment insurance emergency response benefit payment for which the person is not eligible, or an employment insurance emergency response benefit payment in excess of the amount for which the person is eligible, shall without delay return the amount, the excess amount or the special warrant for payment of the amount, as the case may be.
Employment Insurance Act — E-5.6 153.1302
Adaptation of section 50 153.1302 For the purposes of applying paragraph 153.6 (1)(a), section 50 is adapted as follows: Eligibility — employment insurance emergency response benefit 50 (1) A claimant who does not provide the Minister with the required information in respect of a claim for the employment insurance emergency response benefit or fails to comply with the requirement under subsection (2) is not eligible for the employment insurance emergency response benefit until they provide the information or comply with the requirement. Making claim or providing information in person (2) The Commission may require a claimant or group or class of claimants to be at a suitable place at a suitable time in order to make a claim for the employment insurance emergency response benefit in person or provide additional information about that claim. SOR/2020-169, s. 5
Employment Insurance Act — E-5.6 50
Eligibility — employment insurance emergency response benefit 50 (1) A claimant who does not provide the Minister with the required information in respect of a claim for the employment insurance emergency response benefit or fails to comply with the requirement under subsection (2) is not eligible for the employment insurance emergency response benefit until they provide the information or comply with the requirement. Making claim or providing information in person (2) The Commission may require a claimant or group or class of claimants to be at a suitable place at a suitable time in order to make a claim for the employment insurance emergency response benefit in person or provide additional information about that claim.
Employment Insurance Act — E-5.6 153.1303
Adaptation of subsection 52(2) 153.1303 (1) For the purposes of applying paragraph 153.6 (1)(a), subsection 52 (2) is adapted as follows: Decision (2) If the Commission decides that a person has received money by way of the employment insurance emergency response benefit for which the person was not eligible, or has not received money for which the person was eligible, the Commission must calculate the amount of the money and notify the claimant of its decision. Adaptation of subsection 52(4) (2) For the purposes of applying paragraph 153.6 (1)(a), subsection 52 (4) is adapted as follows: Amount payable (4) If the Commission decides that a person was eligible to receive money by way of the employment insurance emergency response benefit, and the money was not paid, the amount calculated is payable to the claimant. SOR/2020-169, s. 5
Employment Insurance Act — E-5.6 153.1304
153.1304 [Repealed, 2021, c. 23, s. 324]
Employment Insurance Act — E-5.6 153.1305
Adaptation of subsection 112(1) 153.1305 (1) For the purposes of applying paragraph 153.6 (1)(d), subsection 112 (1) is adapted as follows: Reconsideration — Commission 112 (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may make a request to the Commission in accordance with subsection (4) for a reconsideration of that decision at any time within (a) 30 days after the day on which a decision is communicated to them; or (b) any further time that the Commission may allow. Adaptation of section 112 (2) For the purposes of applying paragraph 153.6 (1)(d), section 112 is adapted by adding the following after subsection (3): Reconsideration of a decision (4) A request for reconsideration of the decision 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. Filing of request for reconsideration (5) 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. SOR/2020-169, s. 5
Employment Insurance Act — E-5.6 112
Reconsideration — Commission 112 (1) A claimant or other person who is the subject of a decision of the Commission, or the employer of the claimant, may make a request to the Commission in accordance with subsection (4) for a reconsideration of that decision at any time within (a) 30 days after the day on which a decision is communicated to them; or (b) any further time that the Commission may allow.
Employment Insurance Act — E-5.6 153.1306
Write-off of amounts wrongly paid 153.1306 (1) An amount payable under section 43 may be written off by the Commission if (a) the amount does not exceed $100; (b) the debtor is deceased; (c) the debtor is a discharged bankrupt; (d) the debtor is an undischarged bankrupt in respect of whom the final dividend has been paid and the trustee has been discharged; (e) the overpayment does not arise from an error made by the debtor or as a result of a false or misleading declaration or representation made by the debtor, whether the debtor knew it to be false or misleading or not, but arises from (i) a retrospective decision or ruling made under Part IV, or (ii) provision by the Commission of a weekly employment insurance emergency response benefit amount in excess of the amount referred to in subsection 153.10 (1); or (f) the Commission considers that, having regard to all the circumstances, (i) the amount is uncollectable, (ii) the repayment of the amount would result in undue hardship to the debtor, or (iii) the administrative costs of collecting the amount would likely equal or exceed the amount to be collected. (2) The portion of an amount owing under section 47 in respect of the employment insurance emergency response benefit received before the Commission notifies the debtor of the overpayment may be written off by the Commission if (a) the overpayment does not arise from an error made by the debtor or as a result of a false or misleading declaration or representation made by the debtor, whether the debtor knew it to be false or misleading or not; and (b) the overpayment arises as a result of (i) a delay or error made by the Commission in processing a claim for the employment insurance emergency response benefit, (ii) retrospective control procedures or a retrospective review initiated by the Commission, (iii) an error made on the record of employment by the employer, (iv) an incorrect calculation by the employer of the debtor’s insurable earnings, or (v) an error in insuring the employment or other activity of the debtor. SOR/2020-169, s. 5
Employment Insurance Act — E-5.6 153.1307
Adaptation of section 112.1 153.1307 For the purposes of applying paragraph 153.6(1)(d), section 112.1 is adapted as follows: Decision not reviewable 112.1 A decision of the Commission under section 153.1306 is not subject to review under section 112. SOR/2020-169, s. 5 SOR/2020-173, s. 4
Employment Insurance Act — E-5.6 112.1
Decision not reviewable 112.1 A decision of the Commission under section 153.1306 is not subject to review under section 112.
Employment Insurance Act — E-5.6 153.1308
Adaptation of portion of subsection 126(1) 153.1308 (1) For the purposes of applying paragraph 153.6 (1)(d), the portion of subsection 126 (1) before paragraph (a) is adapted as follows: Certificates 126 (1) An amount or part of an amount payable under Part I, II, VII.1 or VIII.4 that has not been paid may be certified by the Commission Adaptation of subsection 126(2) (2) For the purposes of applying paragraph 153.6 (1)(d), subsection 126 (2) is adapted as follows: Judgments (2) On production to the Federal Court, the resulting certificate shall be registered in the Court and when registered has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate. SOR/2020-169, s. 5
Employment Insurance Act — E-5.6 126
Certificates 126 (1) An amount or part of an amount payable under Part I, II, VII.1 or VIII.4 that has not been paid may be certified by the Commission
Employment Insurance Act — E-5.6 153.1309
Adaptation of section 138 153.1309 For the purposes of applying paragraph 153.6 (1)(d), section 138 is adapted as follows: Obligation 138 Every person employed in insurable employment and every self-employed person must have a Social Insurance Number that has been assigned to that person under an Act of Parliament. SOR/2020-169, s. 5
Employment Insurance Act — E-5.6 138
Obligation 138 Every person employed in insurable employment and every self-employed person must have a Social Insurance Number that has been assigned to that person under an Act of Parliament.
Employment Insurance Act — E-5.6 153.13091
Adaptation of subsections 27(1) and (2) of the Employment Insurance Regulations 153.13091 For the purposes of applying paragraph 153.6(1)(e), subsections 27(1) and (2) of the Employment Insurance Regulations are adapted so that the reference to “Part I, VII.1 or VIII” means “Part VIII.4”. SOR/2020-188, s. 5
Employment Insurance Act — E-5.6 153.1310
Benefits referred to in paragraph 153.5(3)(a) 153.1310 The following rules apply to a person who made an initial claim for benefits in respect of any of the benefits referred to in paragraph 153.5 (3)(a) and who either had, before the coming into force retroactively of this Part, a benefit period established on or after March 15, 2020 with respect to the benefits for which the claim was made, or who would have had, but for the coming into force of this Part on March 15, 2020, a benefit period established on or after that same date with respect to the benefits for which the claim was made: (a) the person is deemed to have made a claim for the employment insurance emergency response benefit under section 153.8 ; (b) the rules set out in Part VIII.4 apply to a claim for the employment insurance emergency response benefit, with the exception of the rule requiring that a claim be made in accordance with subsection 153.8 (1); and (c) the benefits referred to in paragraph 153.5 (3)(a) received on or after March 15, 2020 are deemed to be the employment insurance emergency response benefit and, as the case may be, (i) the person is to be paid, for each week for which they receive the benefits referred to in paragraph 153.5 (3)(a), an amount of employment insurance emergency response benefit that is equal to the difference between the amount set out in subsection 153.10 (1) and the amount of benefits that they received for the week in question, and (ii) each amount of benefits received for a week that exceeds the amount set out in subsection 153.10 (1) is deemed to be equal to the amount set out in that subsection and section 44 does not apply to any amount of benefits received for a week that exceeds the amount set out in subsection 153.10 (1). SOR/2020-169, s. 5
Employment Insurance Act — E-5.6 153.14
June 2, 2027 or repeal 153.14 A provision of this Part that is added by any of the following Interim Orders or a provision that, under any of those Interim Orders, is an adaptation of a provision of this Act or provides for the non-application of a provision of this Act ceases to apply on the earlier of June 2, 2027 and the day on which the Interim Order that enacted the provision is repealed: (a) the Interim Order Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) ; (b) Interim Order No. 2 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) ; (c) Interim Order No. 3 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) ; (d) Interim Order No. 4 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) ; (e) Interim Order No. 5 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) ; (f) Interim Order No. 6 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) ; (g) Interim Order No. 7 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) ; (h) Interim Order No. 9 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) ; and (i) Interim Order No. 10 Amending the Employment Insurance Act (Employment Insurance Emergency Response Benefit) . SOR/2020-141, s. 2 SOR/2020-169, s. 6 SOR/2020-173, s. 5 SOR/2020-188, s. 6 SOR/2020-208, s. 2 2021, c. 23, s. 325
Employment Insurance Act — E-5.6 153.15
Definitions 153.15 The following definitions apply in this Part. initial claim for benefits has the same meaning as in subsection 6(1). ( demande initiale de prestations ) qualifying period in respect of benefits under Part I, has the same meaning as in subsection 6(1). ( période de référence ) waiting period has (a) in respect of benefits under Part I or VIII, the same meaning as in subsection 6(1); and (b) in respect of benefits under Part VII.1, the same meaning as in subsection 152.01(1). ( délai de carence ) SOR/2020-173, s. 6 SOR/2020-187, s. 1
Employment Insurance Act — E-5.6
initial claim for benefits has the same meaning as in subsection 6(1). ( demande initiale de prestations )
Employment Insurance Act — E-5.6
qualifying period in respect of benefits under Part I, has the same meaning as in subsection 6(1). ( période de référence )
Employment Insurance Act — E-5.6 (a)
waiting period has (a) in respect of benefits under Part I or VIII, the same meaning as in subsection 6(1); and (b) in respect of benefits under Part VII.1, the same meaning as in subsection 152.01(1). ( délai de carence )
Employment Insurance Act — E-5.6 153.16
Rate of 13.1% 153.16 Despite section 17 of the Employment Insurance Regulations , if the later of the weeks referred to in subsection 10(1) begins during the period beginning on September 27, 2020 and ending on September 25, 2021, the regional rate of unemployment that applies to the claimant is 13.1%, if that rate is greater than the rate that would otherwise apply to them. SOR/2020-173, s. 6 SOR/2020-187, s. 1 2021, c. 23, s. 326
Employment Insurance Act — E-5.6 153.161
Course, program of instruction or non-referred training 153.161 (1) For the purposes of applying paragraph 18 (1)(a), a claimant who attends a course, program of instruction or training to which the claimant is not referred under paragraphs 25 (1)(a) or (b) is not entitled to be paid benefits for any working day in a benefit period for which the claimant is unable to prove that on that day they were capable of and available for work. Verification (2) The Commission may, at any point after benefits are paid to a claimant, verify that the claimant referred to in subsection (1) is entitled to those benefits by requiring proof that they were capable of and available for work on any working day of their benefit period. SOR/2020-208, s. 3