Qualifying for Benefits
Marginal note:Qualification requirements
152.07 (1) A self-employed person qualifies for benefits if
(a) at least 12 months have expired since the day on which the person entered into an agreement referred to in subsection 152.02(1) with the Commission, or if a period has been prescribed for the purpose of this section, a period that is at least as long as that prescribed period has expired since that day;
(b) the agreement has not been terminated or deemed to have been terminated;
(c) the person has had an interruption of earnings from self-employment; and
(d) the person has had during their qualifying period an amount of self-employed earnings that is equal to or greater than the following amount:
(i) $6,000 or the amount fixed or determined in accordance with the regulations, if any, for that qualifying period, or
(ii) if the person has accumulated a violation in the 260 weeks before making their initial claim for benefits, the amount referred to in this paragraph that would otherwise apply in respect of that self-employed person but for this subparagraph multiplied by,
(A) if the violation is a minor violation, 1.25 or the prescribed multiplier, if one has been prescribed,
(B) if the violation is a serious violation, 1.5 or the prescribed multiplier, if one has been prescribed,
(C) if the violation is a very serious violation, 1.75 or the prescribed multiplier, if one has been prescribed, or
(D) if the violation is a subsequent violation, 2 or the prescribed multiplier, if one has been prescribed.
(2) A self-employed person accumulates a violation if in any of the following circumstances the Commission issues a notice of violation to the person:
(a) one or more penalties are imposed on the person under section 38, or under section 41.1 as a result of acts or omissions mentioned in section 38;
(b) the person is found guilty of one or more offences under section 135 or 136 as a result of acts or omissions mentioned in those sections; or
(c) the person is found guilty of one or more offences under the Criminal Code as a result of acts or omissions relating to the application of this Act.
Marginal note:Value of violations
(3) The value of a violation is the total of
(a) the amount of the overpayment of benefits under this Part resulting from the acts or omissions on which the violation is based, and
(b) if the self-employed person is disentitled from receiving benefits under this Part, or the act or omission on which the violation is based relates to qualification requirements under subsection (1), the amount determined, subject to subsection (4), by multiplying the self-employed person’s weekly rate of benefits by the average number of weeks of benefits under this Part, as determined under the regulations.
(4) The maximum amount to be determined under paragraph (3)(b) is the amount of benefits that could have been paid to the self-employed person if they had not been disentitled or had met the qualification requirements under subsection (1).
Marginal note:Classification of violations
(5) Except for violations for which a warning was imposed, each violation is classified as a minor, serious, very serious or subsequent violation as follows:
(a) if the value of the violation is
(i) less than $1,000, it is a minor violation,
(ii) $1,000 or more, but less than $5,000, it is a serious violation, or
(iii) $5,000 or more, it is a very serious violation; and
(b) if the notice of violation is issued within 260 weeks after the person accumulates another violation, it is a subsequent violation, even if the acts or omissions on which it is based occurred before the person accumulated the other violation.
Marginal note:Deemed violation
(6) A violation accumulated by an individual under section 7.1 is deemed to be a violation accumulated by the individual under this section on the day on which the notice of violation was given to the individual.
(7) A violation may not be taken into account under paragraph (1)(d) in more than two initial claims by an individual for benefits under this Act if the individual who accumulated the violation qualified for benefits in each of those two initial claims, taking into account subsection 7.1(1) or (2), subparagraph (1)(d)(ii) or regulations made under Part VIII, as the case may be.
- 2009, c. 33, s. 16.
- Date modified: