GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Employment Insurance Act — E-5.6 153.17
Benefits under Part I 153.17 (1) A claimant who makes an initial claim for benefits under Part I on or after September 27, 2020 or in relation to an interruption of earnings that occurs on or after that date is deemed to have in their qualifying period (a) if the initial claim is in respect of benefits referred to in any of sections 21 to 23.3, an additional 480 hours of insurable employment; and (b) in any other case, an additional 300 hours of insurable employment. Limitation (2) Subsection (1) does not apply to a claimant who has already had the number of insurable hours in their qualifying period increased under that subsection or under this section as it read on September 26, 2020, if a benefit period was established in relation to that qualifying period. SOR/2020-173, s. 6 SOR/2020-187, s. 1
Employment Insurance Act — E-5.6 153.171
Benefits 153.171 A claimant who qualifies to receive benefits under section 7 and who received the additional 300 hours of insurable employment under paragraph 153.17 (1)(b) may make a claim for benefits under sections 21 to 23.3 , even if they are not a major attachment claimant as defined in subsection 6 (1). SOR/2020-208, s. 4
Employment Insurance Act — E-5.6 153.172
Fishing 153.172 A claimant for whom, before the coming into force of section 153.17, a benefit period could have been established under section 8 of the Employment Insurance (Fishing) Regulations may make a request under section 112 in order to receive benefits under those Regulations rather than under section 7. SOR/2020-208, s. 4
Employment Insurance Act — E-5.6 153.18
Recipients of emergency response benefit 153.18 (1) A qualifying period mentioned in paragraph 8(1)(a) is extended by 28 weeks if the claimant (a) makes the initial claim for benefits on or after September 27, 2020 or in relation to an interruption of earnings that occurs on or after that date; and (b) received, during the period mentioned in that paragraph, an employment insurance emergency response benefit referred to in subsection 153.7(1) or an income support payment under the Canada Emergency Response Benefit Act . Limitation (2) Subsection (1) does not apply to a claimant who has already had a qualifying period extended under that subsection or under this section as it read on August 29, 2020 or September 26, 2020. SOR/2020-173, s. 6 SOR/2020-187, s. 1 SOR/2020-187, s. 2
Employment Insurance Act — E-5.6 153.19
Late claims 153.19 For the purposes of subsections 10(4) and (5), the fact that, but for sections 153.17 and 153.18 as they read on August 29, 2020, the claimant would not have qualified to receive benefits referred to in any of sections 22 to 24 is good cause for a delay in making a claim for those benefits. SOR/2020-173, s. 6 SOR/2020-187, s. 1
Employment Insurance Act — E-5.6 153.191
Waiver 153.191 (1) Despite sections 13 and 152.15, a claimant need not serve a waiting period if the claim is in respect of benefits under Part I, VII.1 or VIII and the benefit period begins on or before October 25, 2020. Suspension of waiting period (1.1) Despite sections 13 and 152.15 , a claimant who receives benefits under section 21 or 152.03 need not serve a waiting period. Exception (2) The claimant may nonetheless serve the waiting period if they are entitled to receive a payment referred to in subsection 37(1) or 38(1) of the Employment Insurance Regulations during that period. Non-application (3) Subsections 40(6) and 40.1(2) of the Employment Insurance Regulations do not apply to any waiting period to which subsection (1) applies. SOR/2020-173, s. 6 SOR/2020-187, s. 1 SOR/2020-208, s. 5
Employment Insurance Act — E-5.6 153.192
Weekly insurable earnings 153.192 (1) Despite subsection 14(2), the weekly insurable earnings of a claimant whose benefit period begins on or after September 27, 2020 are deemed to be the greater of (a) the claimant’s insurable earnings in the calculation period referred to in subsection 14(4), divided by the number of weeks in that period in which they had insurable earnings, and (b) $909. Self-employed persons (2) Despite subsection 152.16(1), if a self-employed person’s benefit period begins on or after September 27, 2020 and the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52 is less than $909, the result is deemed to be $909. Fishers (3) Despite paragraph 8.1(a) of the Employment Insurance (Fishing) Regulations , the weekly insurable earnings of a fisher whose benefit period begins on or after September 27, 2020 are deemed to be the greater of the amount determined under that paragraph and $909. SOR/2020-173, s. 6 SOR/2020-187, s. 1 SOR/2020-187, s. 3 SOR/2020-208, s. 6
Employment Insurance Act — E-5.6 153.1921
Suspension of medical certificate requirement — Employment Insurance Regulations 153.1921 (1) For the purpose of applying subsection 40(1) of the Employment Insurance Regulations , the requirement for a claimant to provide a medical certificate to the Commission completed by a medical doctor or other medical professional is suspended, unless otherwise indicated by the Commission. Suspension of medical certificate requirement — special benefits (2) For the purpose of applying any of sections 23.1 , 23.2 , 23.3 and 152.06 to 152.062 , the Commission may suspend the requirement for a claimant to provide a medical certificate completed by a medical doctor or other medical professional. SOR/2020-208, s. 7
Employment Insurance Act — E-5.6 153.1922
Eligibility 153.1922 A fisher who does not meet the conditions under paragraph 8(2)(b) or (7)(b) of the Employment Insurance (Fishing) Regulations may receive benefits under section 8.1 of those Regulations if the fisher has received such benefits during any of the periods referred to in subparagraph 153.1923(1)(a)(ii) or (iii) or (b)(ii) or (iii). SOR/2020-208, s. 7
Employment Insurance Act — E-5.6 153.1923
Determined earnings 153.1923 (1) The rate of weekly benefits under section 8.1 of the Employment Insurance (Fishing) Regulations shall be calculated using the highest of the following earnings: (a) in the case of an initial claim for benefits under subsection 8(1) of those Regulations, (i) if applicable, the earnings that would be used to calculate the fisher’s rate of weekly benefits, (ii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(1) of those Regulations during the period beginning on September 29, 2019 and ending on June 20, 2020, and (iii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(1) of those Regulations during the period beginning on September 30, 2018 and ending on June 15, 2019; and (b) in the case of an initial claim for benefits made on or after March 28, 2021 under subsection 8(6) of those Regulations, (i) if applicable, the earnings that would be used to calculate the fisher’s rate of weekly benefits, (ii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(6) of those Regulations during the period beginning on March 29, 2020 and ending on December 19, 2020, and (iii) the earnings that were used to calculate the fisher’s rate of weekly benefits for the benefit period that was established for the fisher under subsection 8(6) of those Regulations during the period beginning on March 31, 2019 and ending on December 21, 2019. Benefit period (2) A fisher may have a benefit period established once under paragraph (1)(a) and once under paragraph (1)(b). SOR/2020-208, s. 7
Employment Insurance Act — E-5.6 153.1924
Qualifying period 153.1924 For the purposes of the Employment Insurance (Fishing) Regulations , the earnings determined under subsection 153.1923(1) are the insurable earnings for the qualifying period. SOR/2020-208, s. 7
Employment Insurance Act — E-5.6 153.1925
Access to special benefits 153.1925 Despite subsection 12(1) of the Employment Insurance (Fishing) Regulations , an insured person who is not qualified to receive benefits under section 7 and who is claiming special benefits qualifies to receive the special benefits if the person has at least $2,500 of insurable earnings from employment as a fisher in their qualifying period. SOR/2020-208, s. 7
Employment Insurance Act — E-5.6 153.193
Exclusions from earnings 153.193 The following are to be excluded from the earnings referred to in section 35 of the Employment Insurance Regulations : (a) any pay or earnings referred to in subsection 36(8), (9) or (19) of those Regulations if (i) the claimant’s benefit period begins on or after September 27, 2020, or (ii) the pay or earnings are declared to the Commission on or after September 27, 2020 and would otherwise have been allocated under section 36 of those Regulations to a week beginning on or after September 27, 2020; and (b) any of the following portions of payments that are paid to a claimant as an insured person for the first week for which benefits are payable, if their waiting period has been waived under subsection 153.191(1): (i) the portion of any payments referred to in subsection 37(1) of those Regulations that does not exceed 95% of the claimant’s normal weekly earnings from the employment to which the payments relate, and (ii) despite paragraph 38(1)(a) of those Regulations, the portion of any payments referred to in subsection 38(1) of those Regulations that does not exceed the claimant’s normal weekly earnings from the employment to which the payments relate. SOR/2020-173, s. 6 SOR/2020-187, s. 1 SOR/2020-187, s. 4
Employment Insurance Act — E-5.6 153.194
Definition of employment 153.194 Despite paragraph 29(a), for the purposes of sections 30 to 33, employment refers to any employment of the claimant (a) within their qualifying period, but no earlier than 12 weeks before the Sunday referred to in paragraph 10(1)(a); or (b) within their benefit period. SOR/2020-187, s. 1
Employment Insurance Act — E-5.6 153.195
Information 153.195 Despite paragraph 51(a), the Commission may, but is not required to, give the claimant and the employer the opportunity referred to in that paragraph. SOR/2020-187, s. 1
Employment Insurance Act — E-5.6 153.196
September 25, 2021 or repeal 153.196 (1) Subject to subsections (2) and (3), this Part ceases to apply on the earlier of September 25, 2021 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed. Exception (2) Section 153.19 ceases to apply on the earlier of October 31, 2020 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed. Exception (3) Sections 153.1922 to 153.1924 cease to apply on December 18, 2021. SOR/2020-187, s. 1 2021, c. 23, s. 327
Employment Insurance Act — E-5.6 153.197
Weekly insurable earnings 153.197 (1) Despite subsection 14(2), the weekly insurable earnings of a claimant whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of (a) the claimant’s insurable earnings in the calculation period referred to in subsection 14(4), divided by the number of weeks in that period in which they had insurable earnings, and (b) $545. Self-employed persons (2) Despite subsection 152.16(1), if a self-employed person’s benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 and the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52 is less than $545, the result is deemed to be $545. Fishers (3) Despite paragraph 8.1(a) of the Employment Insurance (Fishing) Regulations , the weekly insurable earnings of a fisher whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of the amount determined under that paragraph and $545. 2021, c. 23, s. 328
Employment Insurance Act — E-5.6 156
Allowances 156 A training allowance being paid under section 5 of the National Training Act when it is repealed may continue to be paid in accordance with that Act and the regulations made under it, as they read immediately before the repeal of that Act, until the conclusion of the course to which the allowance relates.
Employment Insurance Act — E-5.6 157
Agreements 157 An agreement under section 7 of the National Training Act in effect when it is repealed continues in effect according to the terms of the agreement.
Employment Insurance Act — E-5.6 159
Benefit periods beginning before this section comes into force 159 (1) Except as otherwise provided in this section, all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act (the “former Act”) is repealed shall be dealt with under that Act, including any amendments that may be made by Bill C-31, introduced in the second session of the 35th Parliament and entitled An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996 . Appeals - written reasons not required (1.01) Subsection 70(2) of the former Act applies in respect of appeals under that Act except that the Tax Court of Canada need not give reasons in writing for its decision but may give reasons in writing where, in a particular case, the Court deems it advisable. Deductions for undeclared earnings (1.1) Subsection 19(3) of this Act applies to claimants who fail to declare all or some of their earnings in a period determined under the regulations beginning on or after January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on or after that date in respect of any failure to declare earnings for such a period beginning after June 30, 1996. Deductions under subsection 19(4) (1.2) Subsection 19(4) of this Act applies to claimants who begin attending a course or program after the former Act is repealed. Parental benefits (2) Section 23 of this Act applies in place of section 20 of the former Act to claimants claiming benefits for the care of children born or placed for adoption after that Act is repealed. Job creation projects (3) Section 25 of the former Act applies only to claimants employed on job creation projects under that section when that Act is repealed. Training (4) Section 26 of the former Act applies only to claimants in a course or program to which they are referred under that section before that Act is repealed. (5) [Repealed, 2010, c. 12, s. 2191] Disentitlement and disqualification (6) Sections 27 to 33 of this Act apply in place of sections 27 to 28.3 of the former Act in respect of events occurring after that Act is repealed that give rise to a disentitlement or disqualification under those sections and, for the purpose of applying those sections, a reference in the former Act to (a) section 27 shall be read as a reference to section 27 of this Act; (b) section 28 shall be read as a reference to section 29 of this Act; (c) section 28.1 shall be read as a reference to section 31 of this Act; (d) section 28.2 shall be read as a reference to section 32 of this Act; and (e) section 28.3 shall be read as a reference to section 33 of this Act. Application of section 145 (7) Section 145 of this Act applies in place of section 123 of the former Act in respect of benefits paid after December 31, 1995. 1996, c. 23, s. 159; 1998, c. 19, s. 274; 1999, c. 31, s. 82(F); 2010, c. 12, s. 2191
Employment Insurance Act — E-5.6 160
Hours of insurable employment and earnings before 1997 160 For the purpose of calculating after 1996 how many hours of insurable employment and the amount of insurable earnings a claimant has under this Act, other than Part VIII, insurable employment and insurable earnings occurring (a) before June 30, 1996 shall be determined in accordance with the former Act; and (b) on or after June 30, 1996 but before January 5, 1997 shall be determined in accordance with this Act, as it applies on June 30, 1996.
Employment Insurance Act — E-5.6 161
Premiums 161 All matters relating to the payment of premiums under the former Act shall be dealt with under that Act.
Employment Insurance Act — E-5.6 163
Estimated insurable earnings for 1996-97 163 (1) For the purposes of section 78, the Commission’s estimate of the insurable earnings of all insured persons in the fiscal year 1996-97 shall be published in the Canada Gazette if it is not set out in the Main Estimates tabled in Parliament for that year. Plan for 1996-97 (2) The plan mentioned in section 79 shall be published in the Canada Gazette for the fiscal year 1996-97 if it is not included in the Main Estimates tabled in Parliament for that year.
Employment Insurance Act — E-5.6 164
Powers and functions 164 (1) The powers or functions of any person under the former Act shall be exercised or performed by the person who exercises the corresponding powers or performs the corresponding functions under this Act. Boards of referees, etc. (2) Boards of referees, panels, chairpersons, umpires and the chief umpire established, appointed or designated under the former Act continue as if they had been established, appointed or designated under this Act.
Employment Insurance Act — E-5.6 165
Waivers and agreements 165 Waivers and agreements made under paragraph 4(1)(d) of the former Act and in effect when that Act is repealed continue in effect as though they had been made under paragraph 5(4)(d) of this Act.
Employment Insurance Act — E-5.6 167
Regulations 167 The Commission may, with the approval of the Governor in Council, make regulations providing for any other transitional matters, including regulations (a) providing for the transition from weeks of insurable employment to hours of insurable employment, or from any other basis to another under Part VIII; and (b) for establishing requirements to qualify to receive benefits, the duration of entitlement to benefits, benefit rates and disentitlement or disqualification from receiving benefits.
Employment Insurance Act — E-5.6 190
Coming into force 190 (1) Except as otherwise provided in this section, this Act comes into force on June 30, 1996. Certain provisions in force on January 1, 1997 (2) Section 4, subsection 5(6), sections 66 and 67, subsections 82(1) and (2), paragraphs 90(1)(d), (h) and (i), section 95 and subsections 96(4) and (5) come into force on January 1, 1997. Certain provisions in force on January 5, 1997 (3) The following provisions come into force on January 5, 1997: (a) the definitions major attachment claimant and minor attachment claimant in subsection 6(1); (b) section 7; (c) subsection 12(2); (d) sections 14 to 17; (e) subsection 19(2); (f) subsection 28(4); (g) paragraph 30(1)(a) and subsections 30(5) and (6); (h) paragraph 31(c); (i) paragraph 32(2)(c); (j) subsection 38(3); (k) section 55; (l) paragraph 108(1)(h); (l.1) subsection 153.1(3); and (m) Schedule I. Certain provisions in force on January 5, 1997 (3.1) Subsections 7.1(1) to (3) come into force on January 5, 1997, but in applying them the Commission may take into account notices issued under subsection 7.1(4) on or after June 30, 1996. Subsection 19(3) in force on January 5, 1997 (3.2) Subsection 19(3) comes into force on January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on and after that date in respect of any failure to declare earnings for a period beginning on or after June 30, 1996. Interim provisions (4) The provisions set out in Schedule II apply in place of the provisions listed in subsections (2) and (3) from June 30, 1996 until the coming into force of those provisions. Continuing application of benefit rate provision (5) The provisions enacted by section 6 of Schedule II continue to apply in place of sections 14, 16 and 17 of this Act to claimants whose benefit periods begin on or after June 30, 1996 and before January 5, 1997. Certain provisions in force in January 1, 1998 (6) Sections 172 to 175 come into force on January 1, 1998.
Employment Insurance Act — E-5.6 1
1 The following applies in place of section 4: Maximum yearly insurable earnings 4 (1) For the purposes of section 17, subsection 82(2) and sections 95 and 145, the maximum yearly insurable earnings is $39,000 for 1996. Maximum weekly insurable earnings (2) For the purposes of this Act, the maximum weekly insurable earnings is $750.
Employment Insurance Act — E-5.6 4
Maximum yearly insurable earnings 4 (1) For the purposes of section 17, subsection 82(2) and sections 95 and 145, the maximum yearly insurable earnings is $39,000 for 1996. Maximum weekly insurable earnings (2) For the purposes of this Act, the maximum weekly insurable earnings is $750.
Employment Insurance Act — E-5.6 2
2 The following applies in place of subsection 5(6): Regulations to exclude employment (6) The Commission may, with the approval of the Governor in Council, make regulations for excluding from insurable employment (a) any employment if it appears to the Commission that because of the laws of a country other than Canada a duplication of contributions or benefits will result; (b) the entire employment of a person who is employed by one employer partly in insurable employment and partly in other employment; (c) any employment if it appears to the Commission that the nature of the work performed by persons employed in that employment is similar to the nature of the work performed by persons employed in employment that is not insurable employment; (d) the employment of a member of a religious order who has taken a vow of poverty and whose remuneration is paid directly or by the member to the order; (e) any employment in which persons are employed to an inconsiderable extent or for an inconsiderable consideration; (f) any employment provided under regulations made under section 24 or employment measures authorized by subsection 58(1); and (g) any employment with an employer in which persons are employed for fewer than 20 hours in a week or in which the earnings of persons are less than 30% of the maximum weekly insurable earnings.
Employment Insurance Act — E-5.6 3
3 The following apply in place of the definitions major attachment claimant and minor attachment claimant in subsection 6(1): major attachment claimant means a claimant who qualifies to receive benefits and has been employed in insurable employment for 20 or more weeks in the claimant’s qualifying period; ( prestataire de la première catégorie ) minor attachment claimant means a claimant who qualifies to receive benefits and has been employed in insurable employment for fewer than 20 weeks in the claimant’s qualifying period; ( prestataire de la deuxième catégorie )
Employment Insurance Act — E-5.6
major attachment claimant means a claimant who qualifies to receive benefits and has been employed in insurable employment for 20 or more weeks in the claimant’s qualifying period; ( prestataire de la première catégorie )
Employment Insurance Act — E-5.6
minor attachment claimant means a claimant who qualifies to receive benefits and has been employed in insurable employment for fewer than 20 weeks in the claimant’s qualifying period; ( prestataire de la deuxième catégorie )