Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
STATUTES OF CANADA 2009CHAPTER 30
An Act to amend the Employment Insurance Act and to increase benefits
ASSENTED TO
5th NOVEMBER, 2009
BILL C-50
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Employment Insurance Act and to increase benefits”.
SUMMARY
This enactment amends the Employment Insurance Act until September 11, 2010 to increase the maximum number of weeks for which benefits may be paid to certain claimants. It also increases the maximum number of weeks for which benefits may be paid to certain claimants not in Canada.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
TABLE OF PROVISIONS
AN ACT TO AMEND THE EMPLOYMENT INSURANCE ACT AND TO INCREASE BENEFITS
EMPLOYMENT INSURANCE ACT
1–2.       Amendments
CLAIMANTS NOT IN CANADA
3.       Subsection 55(7) of regulations
4.       Subsection 55(7) of regulations
5.       Subsection 55(7) of regulations
6.       Subsection 55(7) of regulations
7.       Subsection 55(10) of regulations
COMING INTO FORCE
8.       Coming into force
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57-58 ELIZABETH II
——————
CHAPTER 30
An Act to amend the Employment Insurance Act and to increase benefits
[Assented to 5th November, 2009]
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1996, c. 23
EMPLOYMENT INSURANCE ACT
2002, c. 9, s. 12(1)
1. (1) Subsection 10(2) of the Employment Insurance Act is replaced by the following:
Length of benefit period
(2) Except as otherwise provided in subsections (10) to (15) and section 24, the length of a benefit period is 52 weeks, unless
(a) the number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is increased as a result of the application of any of subsections 12(2.1) to (2.4), in which case
(i) in respect of a benefit period established for the claimant on or after January 4, 2009 that has not ended on the day on which this subsection is deemed to have come into force, the length of the claim- ant’s benefit period is increased by the number of weeks by which the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is increased as a result of the application of any of subsections 12(2.1) to (2.4), and
(ii) in respect of a benefit period established for the claimant during the period that begins on the day on which this subsection is deemed to have come into force and ends on September 11, 2010, if the maximum number of weeks during which benefits may be paid to the claimant under subsection 12(2) is equal to or greater than 51 weeks as a result of the application of any of subsections 12(2.1) to (2.4), the length of the claimant’s benefit period is that maximum number of weeks increased by two weeks; or
(b) the number of weeks of benefits set out in Schedule 10 to the Budget Implementation Act, 2009 that applies in respect of a claimant is increased as a result of the application of any of sections 3 to 6 of An Act to amend the Employment Insurance Act and to increase benefits, introduced in the second session of the fortieth Parliament as Bill C-50, in which case
(i) in respect of a benefit period established for the claimant on or after January 4, 2009 that has not ended on the day on which this subsection is deemed to have come into force, the length of the claim- ant’s benefit period is increased by the number of weeks by which the number of weeks of benefits set out in that Schedule 10 that applies in respect of the claimant is increased as a result of the application of any of those sections 3 to 6, and
(ii) in respect of a benefit period established for the claimant during the period that begins on the day on which this subsection is deemed to have come into force and ends on September 11, 2010, if the maximum number of weeks during which benefits may be paid to the claimant under that Schedule 10 is equal to or greater than 51 weeks as a result of the application of any of those sections 3 to 6, the length of the claimant’s benefit period is that maximum number of weeks increased by two weeks.
(2) Subsection 10(2) of the Act, as enacted by subsection (1), is replaced by the following:
Length of benefit period
(2) Except as otherwise provided in subsections (10) to (15) and section 24, the length of a benefit period is 52 weeks.
2. (1) Subsection 12(2) of the Act is replaced by the following:
General maximum
(2) Subject to subsections (2.1) to (2.4), the maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table in Schedule I by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.
Higher number of weeks — certain claimants
(2.1) If a claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on January 4, 2009 and ends on June 5, 2010, the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this subsection increased by
(a) 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of the claimant’s benefit period;
(b) 8 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period;
(c) 11 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;
(d) 14 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;
(e) 17 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or
(f) 20 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.
Higher number of weeks — certain claimants
(2.2) If a claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on June 6, 2010 and ends on July 10, 2010, the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this subsection increased by
(a) 3 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period;
(b) 6 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;
(c) 9 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;
(d) 12 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or
(e) 15 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.
Higher number of weeks — certain claimants
(2.3) If a claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on July 11, 2010 and ends on August 7, 2010, the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this subsection increased by
(a) 1 week, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;
(b) 4 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;
(c) 7 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or
(d) 10 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.
Higher number of weeks — certain claimants
(2.4) If a claimant was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on August 8, 2010 and ends on September 11, 2010, the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this subsection increased by
(a) 2 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or
(b) 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.
(2) Subsections 12(2) to (2.4) of the Act, as enacted by subsection (1), are replaced by the following:
General maximum
(2) The maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table in Schedule I by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.
2000, c. 14, s. 3(3)
(3) Subsection 12(6) of the Act is replaced by the following:
Combined weeks of benefits
(6) In a claimant’s benefit period, the claim- ant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsections (2) and (3), but the total number of weeks of benefits shall not exceed 50 or, if the maximum number of weeks during which benefits may be paid to a claimant under subsection (2) is greater than 50 weeks as a result of the application of any of subsections (2.1) to (2.4), the number that corresponds to that maximum number of weeks.
(4) Subsection 12(6) of the Act, as enacted by subsection (3), is replaced by the following:
Combined weeks of benefits
(6) In a claimant’s benefit period, the claim- ant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsections (2) and (3), but the total number of weeks of benefits shall not exceed 50.
CLAIMANTS NOT IN CANADA
Subsection 55(7) of regulations
3. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on January 4, 2009 and ends on June 5, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by
(a) 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of the claimant’s benefit period;
(b) 8 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period;
(c) 11 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;
(d) 14 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;
(e) 17 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or
(f) 20 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.
Subsection 55(7) of regulations
4. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on June 6, 2010 and ends on July 10, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by
(a) 3 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period;
(b) 6 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;
(c) 9 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;
(d) 12 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or
(e) 15 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.
Subsection 55(7) of regulations
5. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on July 11, 2010 and ends on August 7, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by
(a) 1 week, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;
(b) 4 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;
(c) 7 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or
(d) 10 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.
Subsection 55(7) of regulations
6. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on August 8, 2010 and ends on September 11, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by
(a) 2 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or
(b) 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.
Subsection 55(10) of regulations
7. With respect to a claimant to whom any of sections 3 to 6 applies whose benefit period has not been extended under any of subsections 10(13) to (13.3) of the Employment Insurance Act, subsection 55(10) of the Employment Insurance Regulations is deemed to read as follows:
(10) In a claimant’s benefit period, a claim- ant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (b), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50 or, if the maximum number of weeks during which benefits may be paid to a claimant under section 225 of the Budget Implementation Act, 2009 is equal to or greater than 50 weeks as a result of the application of any provision of any Act of Parliament, other than the Employment Insurance Act, the number that corresponds to that maximum number of weeks.
COMING INTO FORCE
Retroactive coming into force of certain provisions
8. (1) Subsections 1(1) and 2(1) and (3) and sections 3 to 7 are deemed to have come into force on the second Sunday before the day on which this Act receives royal assent.
Certain provisions in force on September 12, 2010
(2) Subsections 1(2) and 2(2) and (4) come into force on September 12, 2010.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada