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

Marginal note:Earnings in waiting period

• 152.18 (1) If a self-employed person 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 would otherwise be payable.

• Marginal note:Earnings in periods of unemployment

  (2) Subject to subsection (3), if the self-employed person 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 their rate of weekly benefits is less than $200; or

  • (b) 25% of their rate of weekly benefits, if that rate is $200 or more.

• Marginal note:Undeclared earnings

  (3) If the self-employed person 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 person for that period:

    • (i) the amount of the undeclared earnings, if, in the opinion of the Commission, the person 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 person’s benefits paid for that week.

Marginal note:Deduction for excluded days in waiting period

• 152.19 (1) If a self-employed person is not entitled to receive benefits for a working day in their waiting period, an amount equal to 1/5 of their weekly rate of benefits for each such working day shall be deducted from the benefits payable for the three weeks described in subsection 152.18(1).

• Marginal note:Deduction for excluded days not in waiting period

  (2) If a self-employed person is disentitled from receiving benefits for a working day in a week of unemployment that is not in their waiting period, an amount equal to 1/5 of their weekly rate of benefits for each such working day shall be deducted from the benefits payable for that week.

Marginal note:Prison inmates and persons outside Canada

152.2 Except as may otherwise be prescribed, a self-employed person is not entitled to receive benefits for any period during which the person

• (a) is an inmate of a prison or similar institution; or

• (b) is not in Canada.