GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Insurance Act — E-5.6 50
Entitlement to benefits 50 (1) A claimant who fails to fulfil or comply with a condition or requirement under this section is not entitled to receive benefits for as long as the condition or requirement is not fulfilled or complied with. How a claim must be made (2) A claim for benefits shall be made in the manner directed at the office of the Commission that serves the area in which the claimant resides, or at such other place as is prescribed or directed by the Commission. Form (3) A claim for benefits shall be made by completing a form supplied or approved by the Commission, in the manner set out in instructions of the Commission. Time (4) A claim for benefits for a week of unemployment in a benefit period shall be made within the prescribed time. Additional information (5) The Commission may at any time require a claimant to provide additional information about their claim for benefits. Making claim or providing information in person (6) 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 benefits in person or provide additional information about a claim. Registration for employment (7) For the purpose of proving that a claimant is available for work, the Commission may require the claimant to register for employment at an agency administered by the Government of Canada or a provincial government and to report to the agency at such reasonable times as the Commission or agency directs. Proof of efforts to obtain employment (8) For the purpose of proving that a claimant is available for work and unable to obtain suitable employment, the Commission may require the claimant to prove that the claimant is making reasonable and customary efforts to obtain suitable employment. Proof — additional certificate (8.1) For the purpose of proving that the conditions of subsection 23.1(2) or 152.06(1) are met, the Commission may require the claimant to provide it with an additional certificate issued by a medical doctor or nurse practitioner. Mailing address (9) A claimant shall provide the mailing address of their normal place of residence, unless otherwise permitted by the Commission. Waiver or variation of requirements (10) The Commission may waive or vary any of the conditions and requirements of this section or the regulations whenever in its opinion the circumstances warrant the waiver or variation for the benefit of a claimant or a class or group of claimants. 1996, c. 23, s. 50; 2015, c. 36, s. 76; 2017, c. 20, s. 239
Employment Insurance Act — E-5.6 51
Information 51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall (a) give the claimant and the employer an opportunity to provide information as to the reasons for the loss of employment; and (b) if the information is provided, take it into account in determining the claim. 1996, c. 23, s. 51 2021, c. 23, s. 318
Employment Insurance Act — E-5.6 52
Reconsideration of claim 52 (1) Despite section 111, but subject to subsection (5), the Commission may reconsider a claim for benefits within 36 months after the benefits have been paid or would have been payable. Decision (2) If the Commission decides that a person has received money by way of benefits for which the person was not qualified or to which the person was not entitled, or has not received money for which the person was qualified and to which the person was entitled, the Commission must calculate the amount of the money and notify the claimant of its decision. Amount repayable (3) If the Commission decides that a person has received money by way of benefits for which the person was not qualified or to which the person was not entitled, (a) the amount calculated is repayable under section 43; and (b) the day that the Commission notifies the person of the amount is, for the purposes of subsection 47(3), the day on which the liability arises. Amount payable (4) If the Commission decides that a person was qualified and entitled to receive money by way of benefits, and the money was not paid, the amount calculated is payable to the claimant. Extended time to reconsider claim (5) If, in the opinion of the Commission, a false or misleading statement or representation has been made in connection with a claim, the Commission has 72 months within which to reconsider the claim. 1996, c. 23, s. 52; 2012, c. 19, s. 243
Employment Insurance Act — E-5.6 53
Notification 53 If the Commission is required to notify a person of a decision under this Part, it may have that person notified in such manner as it considers adequate.
Employment Insurance Act — E-5.6 54
tatus Indians living on Indian reserves; (y) prescribing the information and evidence to be provided by a claimant to prove (i) inability to work because of illness, injury or quarantine, or (ii) pregnancy or the expected date of confinement; (z) for carrying out the purposes and provisions of section 14, including regulations (i) respecting the circumstances under which, the criteria by which and the manner in which (A) weeks are to be considered as weeks for which a claimant has insurable earnings during a calculation period, including the number of those weeks to be considered in that period, and (B) amounts are to be considered as the insurable earnings for any week or number of weeks in that period, and (ii) for allocating insurable earnings to a calculation period, for example by including them in that period or excluding them from that period; (z.1) for allocating hours of insurable employment to a qualifying period, for example by including them in that period or excluding them from that period; (z.2) prescribing (i) the circumstances in which a claimant who leaves employment in accordance with an employer work-force reduction process that preserves the employment of coworkers may, notwithstanding section 30, be paid benefits, and (ii) what constitutes an employer work-force reduction process for the purposes of the regulations; (z.3) reducing the special benefits payable when allowances, money or other benefits are payable to a claimant under a plan other than one established under a provincial law; (z.31) eliminating the special benefits payable to a claimant in respect of any period that constitutes, under a plan other than one established under a provincial law, an elimination period during which no benefit is payable to the claimant under the plan; and (z.4) prescribing anything that by section 2 or this Part is to be prescribed. 1996, c. 23, s. 54; 2003, c. 15, s. 20; 2009, c. 33, s. 9; 2012, c. 19, s. 608, c. 27, s. 19; 2016, c. 7, s. 215; 2017, c. 20, s. 240
Employment Insurance Act — E-5.6 55
Hours of insurable employment 55 (1) The Commission may, with the approval of the Governor in Council, make regulations for establishing how many hours of insurable employment a person has, including regulations providing that persons whose earnings are not paid on an hourly basis are deemed to have hours of insurable employment as established in accordance with the regulations. Alternative methods (2) If the Commission considers that it is not possible to apply the provisions of the regulations, it may authorize an alternative method of establishing how many hours of insurable employment a person has. Alteration or rescission of authorization (3) The Commission may at any time alter the authorized method or rescind the authorization, subject to any conditions that it considers appropriate. Agreement to provide alternative methods (4) The Commission may enter into agreements with employers or employees to provide for alternative methods of establishing how many hours of insurable employment persons have and the Commission may at any time rescind the agreements.
Employment Insurance Act — E-5.6 56
Purpose 56 The purpose of this Part is to help maintain a sustainable employment insurance system through the establishment of employment support measures and the maintenance of a national employment service. 1996, c. 23, s. 56 2022, c. 10, s. 396
Employment Insurance Act — E-5.6 57
Guidelines 57 (1) Employment support measures under this Part shall be established in accordance with the following guidelines: (a) harmonization with provincial employment initiatives to ensure that there is no unnecessary overlap or duplication; (b) reduction of dependency on unemployment benefits by helping individuals obtain or keep employment; (c) co-operation and partnership with other governments, employers, community-based organizations and other interested organizations; (d) flexibility to allow significant decisions about implementation to be made at a local level; (d.1) availability of assistance under the measures in either official language where there is significant demand for that assistance in that language; (e) commitment by persons receiving assistance under the measures to (i) achieving the goals of the assistance, (ii) taking primary responsibility for identifying their employment needs and locating services necessary to allow them to meet those needs, and (iii) if appropriate, sharing the cost of the assistance; and (f) implementation of the measures within a framework for evaluating their success in assisting persons to obtain or keep employment. Working in concert and consultations (2) To give effect to the purpose and guidelines of this Part, the Commission shall work in concert with provincial governments and consult with workers and employers to align employment support measures with labour market needs. (3) [Repealed, 2022, c. 10, s. 397] 1996, c. 23, s. 57 2022, c. 10, s. 397
Employment Insurance Act — E-5.6 58
Definition of insured participant 58 In this Part, insured participant means (a) an insured person who requests assistance under an employment support measure and, when requesting the assistance, is a person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or a person who paid, in at least 3 of the last 10 years, employee’s premiums that did not entitle them to a refund under subsection 96(4); and (b) an insured person who requests assistance under an employment support measure and, when requesting assistance, is a person who was in receipt of the employment insurance emergency response benefit within the previous 60 months. 1996, c. 23, s. 58; 2015, c. 36, s. 153; 2016, c. 7, s. 216; 2017, c. 20, s. 306 2021, c. 23, s. 319 2022, c. 10, s. 398
Employment Insurance Act — E-5.6 59
Employment support measures 59 The Commission may establish employment support measures to help insured participants and other workers, including workers in groups underrepresented in the labour market, to obtain or keep employment, including measures to (a) provide insured participants with courses or programs of instruction or training; (b) provide insured participants with employment opportunities or provide employment support; (c) provide workers with employment assistance services; and (d) support research, innovation or partnerships related to helping workers to prepare for, obtain or keep employment and to be productive participants in the labour market. 1996, c. 23, s. 59 2022, c. 10, s. 399
Employment Insurance Act — E-5.6 60
National employment service 60 (1) The Commission shall maintain a national employment service to provide information on employment opportunities across Canada to help workers find suitable employment and help employers find suitable workers. Duties of the Commission (2) The Commission shall (a) collect information concerning employment for workers and workers seeking employment and, to the extent the Commission considers necessary, make the information available with a view to assisting workers to obtain employment for which they are suited and assisting employers to obtain workers most suitable to their needs; and (b) ensure that in referring a worker seeking employment there will be no discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act or because of political affiliation, but nothing in this paragraph prohibits the national employment service from giving effect to (i) any limitation, specification or preference based on a bona fide occupational requirement, or (ii) any special program, plan or arrangement mentioned in section 16 of the Canadian Human Rights Act . Regulations (3) The Commission may, with the approval of the Governor in Council, make regulations for the purposes of subsections (1) and (2). (4) [Repealed, 2022, c. 10, s. 400] (5) [Repealed, 2022, c. 10, s. 400] 1996, c. 23, s. 60; 2017, c. 20, s. 307 2022, c. 10, s. 400
Employment Insurance Act — E-5.6 61
Financial assistance 61 The Commission may, in accordance with terms and conditions approved by the Treasury Board, provide financial assistance for the purpose of implementing employment support measures. 1996, c. 23, s. 61; 2001, c. 4, s. 75(E) 2022, c. 10, s. 401
Employment Insurance Act — E-5.6 62
Agreements for administering employment support measures 62 The Commission may, with the approval of the Minister, enter into an agreement or arrangement for the administration of employment support measures on its behalf by a department, board or agency of the Government of Canada, another government or government agency in Canada or any other public or private organization. 1996, c. 23, s. 62 2022, c. 10, s. 401
Employment Insurance Act — E-5.6 63
Agreements for paying costs of similar benefits and measures 63 (1) The Commission may, with the approval of the Minister, enter into an agreement with a government or government agency in Canada or any other public or private organization to provide for the payment of contributions for all or a portion of (a) any costs of measures implemented by the government, government agency or organization that are consistent with the purpose and guidelines of this Part; and (b) any administration costs that the government, government agency or organization incurs in implementing the measures. (2) [Repealed, 2017, c. 20, s. 308] 1996, c. 23, s. 63; 2015, c. 36, s. 154; 2016, c. 7, s. 217; 2017, c. 20, s. 308 2022, c. 10, s. 402
Employment Insurance Act — E-5.6 64
No appeal 64 A decision of the Commission made in relation to employment support measures, other than a decision under section 65.1, is not subject to review under section 112. 1996, c. 23, s. 64; 2012, c. 19, s. 244 2022, c. 10, s. 403
Employment Insurance Act — E-5.6 65
Liability for repayments 65 A person is liable to repay the following amounts paid under section 61: (a) principal and interest on a loan to the person; (b) an amount paid on a guarantee or suretyship of a loan made to the person; and (c) an amount paid to the person to which the person is not entitled. 1996, c. 23, s. 65; 2001, c. 4, s. 76(E)
Employment Insurance Act — E-5.6 65.1
Penalties 65.1 (1) The Commission may impose on a person to whom financial assistance has been provided under section 61 a penalty for each of the following acts or omissions if the Commission becomes aware of facts that in its opinion establish that the person has (a) in relation to an application or request for the assistance, (i) made a representation that the person knew was false or misleading, or (ii) made a declaration that the person knew was false or misleading because of the non-disclosure of facts; or (b) without good cause failed to attend, carry out or complete the course, program or activity for which the assistance was provided or was expelled from it. Maximum penalty (2) The Commission may set the amount of the penalty for each act or omission at not more than the amount of the financial assistance that was provided. Limitation on imposition of penalties (3) The penalty shall not be imposed if (a) a prosecution for the act or omission has been initiated against the person; or (b) 36 months have passed since the day on which the act or omission occurred. Rescission, etc., of penalty (4) The Commission may rescind the imposition of the penalty, or reduce the penalty, on the presentation of new facts or on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact. 1996, c. 23, s. 65.1; 1999, c. 31, s. 78(F)
Employment Insurance Act — E-5.6 65.2
Debts due to the Crown 65.2 (1) Amounts repayable under section 65 and penalties under section 65.1 are debts due to Her Majesty and are recoverable in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act. Recovery by deduction (2) If an amount becomes payable to the person under section 61, the amount of their indebtedness to Her Majesty may be recovered out of the amount payable. Limitation (3) No amount due under this section may be recovered more than 72 months after the day on which the liability arose.
Employment Insurance Act — E-5.6 65.21
Definition of actuary 65.21 In this Part, actuary means the Fellow of the Canadian Institute of Actuaries whose services are engaged by the Commission under subsection 28(4) of the Department of Employment and Social Development Act . 2008, c. 28, s. 125; 2012, c. 31, s. 434; 2013, c. 40, s. 236
Employment Insurance Act — E-5.6 66
Annual premium rate setting 66 (1) Subject to subsection (7) and section 66.32, the Commission shall set the premium rate for each year in order to generate just enough premium revenue to ensure that, at the end of the seven-year period that commences at the beginning of that year, the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date. (1.1) and (1.2) [Repealed, 2013, c. 40, s. 126] Factors (2) The Commission shall set the premium rate based on (a) the information provided under sections 66.1 and 66.2; (b) the actuary’s report provided under section 66.3 for that year; (c) [Repealed, 2012, c. 19, s. 609] (d) any regulations made under section 69; (e) any changes, announced by the Minister on or before July 22 in a year, to payments to be made under paragraph 77(1)(a), (b) or (c) during the following year; and (f) any other information that the Commission considers relevant. (3) [No subsection (3)] (4) to (6) [Repealed, 2012, c. 19, s. 609] Difference year to year (7) The premium rate may not be increased or decreased by more than five one-hundredths of one per cent (0.05%) from one year to the next. (7.1) [Repealed, 2013, c. 40, s. 126] Governor in Council — maximum change in premium rate (8) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may change the maximum percentage referred to in subsection (7) by which the premium rate may be increased or decreased from one year to the next, if the Governor in Council considers it to be in the public interest. Time limit (9) On or before September 14 in a year, the Commission shall set the premium rate for the following year. 1996, c. 23, s. 66; 2005, c. 30, s. 126; 2008, c. 28, s. 127; 2009, c. 2, ss. 222, 230; 2010, c. 12, s. 2204; 2012, c. 19, s. 609, c. 31, s. 435; 2013, c. 40, s. 126
Employment Insurance Act — E-5.6 66.1
Information provided 66.1 (1) The Minister shall, on or before July 22 in a year, provide the actuary and the Commission with the following information: (a) if the Minister has made an announcement referred to in paragraph 66(2)(e), the forecast change in the amount of the payments to be made during each of the following seven years under paragraph 77(1)(a), (b) or (c), as the case may be; (b) the forecast costs to be paid under paragraphs 77(1)(d), (d.1) and (g) during each of the following seven years, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a); (c) the total of the amounts charged to the Employment Insurance Operating Account as of the last day of the most recent month for which that total is known by the Minister; and (d) any prescribed information. Regulations (2) On the recommendation of the Minister, the Governor in Council may make regulations prescribing information referred to in paragraph (1)(d). 2001, c. 5, s. 9; 2005, c. 30, s. 126; 2008, c. 28, s. 127; 2010, c. 12, s. 2204; 2012, c. 19, s. 610, c. 31, ss. 436, 462; 2013, c. 40, s. 127
Employment Insurance Act — E-5.6 66.2
Information provided 66.2 (1) The Minister of Finance shall, on or before July 22 in a year, provide the actuary and the Commission with the following information: (a) the most current available forecast values of the economic variables that are relevant to the determination under section 66 of a premium rate for the following year; (b) the amounts forecast under subparagraphs 77.1(a)(i) and (ii) and the total estimated under subparagraph 77.1(a)(iii); and (c) any prescribed information. Regulations (2) On the recommendation of the Minister of Finance, the Governor in Council may make regulations prescribing information referred to in paragraph (1)(c). 2003, c. 15, s. 21; 2005, c. 30, s. 126; 2008, c. 28, s. 127; 2010, c. 12, s. 2204; 2012, c. 19, s. 611, c. 31, s. 437; 2013, c. 40, s. 128
Employment Insurance Act — E-5.6 66.3
Actuary’s report 66.3 The actuary shall prepare actuarial forecasts and estimates for the purposes of sections 4, 66 and 69 and shall, on or before August 22 in a year, provide the Commission with a report that sets out (a) the forecast premium rate for the following year and a detailed analysis in support of the forecast; (b) the calculations performed for the purposes of sections 4 and 69; (c) the information provided under section 66.1; and (d) the source of the data, the actuarial and economic assumptions and the actuarial methodology used. 2004, c. 22, s. 25; 2005, c. 30, s. 126; 2008, c. 28, s. 127; 2012, c. 19, s. 612, c. 31, s. 438; 2013, c. 40, s. 129
Employment Insurance Act — E-5.6 66.31
Report and summary 66.31 (1) The Commission shall, on or before August 31 in a year, provide the Minister and the Minister of Finance with the report referred to in section 66.3 and a summary of that report. Available to public (2) The Commission shall, on the day on which a premium rate is set under section 66 or 66.32, make available to the public the report and its summary. Tabling in Parliament (3) After a premium rate is set, the Minister shall cause the report and its summary to be laid before each House of Parliament on any of the next 10 days during which that House is sitting. 2012, c. 31, s. 438; 2013, c. 40, ss. 130, 131
Employment Insurance Act — E-5.6 66.32
Premium rate setting by Governor in Council 66.32 (1) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before September 30 in a year, (a) if the Governor in Council considers it to be in the public interest, substitute a premium rate for the following year that is different from the one set by the Commission under section 66; or (b) if the Commission has not set a premium rate under that section by September 14 in the year, set one for the following year. Non-application of subsection 66(7) (2) Subsection 66(7) does not apply to the setting of the premium rate under subsection (1). 2013, c. 40, s. 131
Employment Insurance Act — E-5.6 66.4
Rounding percentage rates 66.4 If the calculation of a premium rate under section 66 or 66.32 results in a rate that includes a fraction of one per cent, the resulting percentage is to be rounded to the nearest one hundredth of one per cent or, if the resulting percentage is equidistant from two one-hundredths of one percent, to the higher of them. 2005, c. 30, s. 126; 2008, c. 28, s. 127; 2012, c. 31, s. 438; 2013, c. 40, s. 131
Employment Insurance Act — E-5.6 66.5
Publication in Canada Gazette 66.5 As soon as possible after a premium rate is set under section 66 or 66.32, the Commission shall publish it in Part I of the Canada Gazette . 2005, c. 30, s. 126; 2008, c. 28, s. 127; 2012, c. 31, s. 438; 2013, c. 40, ss. 131, 132