Employment Insurance Act (S.C. 1996, c. 23)

15. [Repealed, 2001, c. 5, s. 5]

Marginal note:Rate increase — family supplement

• 16. (1) The rate of weekly benefits of a claimant who has one or more dependent children shall be increased by the amount of a family supplement determined in accordance with the regulations if the claimant establishes, in such manner as the Commission may direct, that the claimant meets the prescribed low-income family eligibility criteria.

• Marginal note:Criteria

  (2) The criteria for low-income family eligibility may include criteria that are the same as or similar to the criteria for receiving a child tax benefit.

• Marginal note:Child tax benefit

  (3) For the purposes of subsection (2), a child tax benefit is a deemed overpayment under subdivision a.1 of Division E of Part I of the Income Tax Act.

• Marginal note:Maximum increase

  (4) The amount of the increase in the claimant’s rate of weekly benefits shall not exceed the prescribed percentage of the claimant’s weekly insurable earnings or, if no percentage is prescribed, 25%.

Marginal note:Maximum rate of weekly benefits

17. The maximum rate of weekly benefits is 55 % of the maximum yearly insurable earnings divided by 52.

Marginal note:Availability for work, etc.

• 18. (1) A claimant is not entitled to be paid benefits for a working day in a benefit period for which the claimant fails to prove that on that day the claimant was

  • (a) capable of and available for work and unable to obtain suitable employment;

  • (b) unable to work because of a prescribed illness, injury or quarantine, and that the claimant would otherwise be available for work; or

  • (c) engaged in jury service.

• Marginal note:Exception

  (2) A claimant to whom benefits are payable under section 23 is not disentitled under paragraph (1)(b) for failing to prove that he or she would have been available for work were it not for the illness, injury or quarantine.

Marginal note:Earnings in waiting period

• 19. (1) If a claimant has earnings during their waiting period, an amount not exceeding those earnings shall, as prescribed, be deducted from the benefits payable for the first three weeks for which benefits are otherwise payable.

• Marginal note:Earnings in periods of unemployment

  (2) Subject to subsections (3) and (4), if the claimant has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount, if any, of the earnings that exceeds

  • (a) $50, if the claimant’s rate of weekly benefits is less than $200; or

  • (b) 25% of the claimant’s rate of weekly benefits, if that rate is $200 or more.

• Marginal note:Undeclared earnings

  (3) If the claimant has failed to declare all or some of their earnings to the Commission for a period, determined under the regulations, for which benefits were claimed,

  • (a) the following amount shall be deducted from the benefits paid to the claimant for that period:

    • (i) the amount of the undeclared earnings, if, in the opinion of the Commission, the claimant knowingly failed to declare the earnings, or

    • (ii) in any other case, the amount of the undeclared earnings less the difference between

      • (A) all amounts determined under paragraph (2)(a) or (b) for the period,

      and

      • (B) all amounts that were applied under those paragraphs in respect of the declared earnings for the period; and

  • (b) the deduction shall be made

    • (i) from the benefits paid for a number of weeks that begins with the first week for which the earnings were not declared in that period, and

    • (ii) in such a manner that the amount deducted in each consecutive week equals the claimant’s benefits paid for that week.

• Marginal note:Earnings and allowances from employment benefits, courses and programs

  (4) Earnings from employment under employment benefits and earnings or allowances payable to a claimant for attending a course or program of instruction or training shall not be deducted under this section except in accordance with the regulations.