Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 6Various Measures (continued)
DIVISION 141996, c. 23Employment Insurance Act (continued)
Amendments to the Act (continued)
288 Subsection 152.03(3) of the Act is replaced by the following:
Marginal note:Deduction
(3) Subject to subsection 152.18(3), if benefits are payable under this section to a self-employed person for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the person for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).
289 Subsection 152.04(4) of the Act is replaced by the following:
Marginal note:Deductions
(4) Subject to subsection 152.18(3), if benefits are payable under this section to a self-employed person for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the person for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).
290 The Act is amended by adding the following after section 152.15:
Marginal note:Presumption
152.151 (1) For the purpose of determining a self-employed person’s waiting period, a week of unemployment is deemed to be a week of unemployment for which benefits would otherwise be payable if — were the week not the waiting period — the amount of the benefits that would have been payable in that week after deducting the following would be greater than zero:
Marginal note:References
(2) For the purpose of subsection (1),
291 Subsection 152.18(2) of the Act is replaced by the following:
Marginal note:Earnings in periods of unemployment
(2) Subject to subsections (3), 152.03(3) and 152.04(4), 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 equal to the total of
(a) 50% of the earnings that are less than or equal to 90% of the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52, and
(b) 100% of the earnings that are greater than 90% of the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52.
Marginal note:Excess not to be included
(2.1) Only the portion of the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) that does not exceed the maximum yearly insurable earnings as calculated under section 4 is to be taken into account for the purpose of subsection (2).
Transitional Provisions
Marginal note:Words and expressions
292 (1) Words and expressions used in sections 293 to 295 have the same meaning as in the Employment Insurance Act.
Marginal note:Definition of Regulations
(2) In sections 293 to 295, Regulations means the Employment Insurance Regulations as they read on August 11, 2018.
Marginal note:Claimants eligible to make election
293 (1) A claimant who was eligible to make an election under subsection 77.991(2) of the Regulations in respect of a benefit period and who did not, before August 12, 2018, make such an election, may, after August 11, 2018, make an election under subsection (2) in respect of that benefit period if
(a) the last notification of payment or non-payment of benefits in respect of that benefit period is issued to the claimant after July 13, 2018; and
(b) the claimant receives earnings during one or more weeks of unemployment included in that benefit period and makes a claim for benefits for at least one of those weeks.
Marginal note:Election
(2) A claimant to whom this section applies may elect, in respect of earnings received during all weeks of unemployment that fall in the benefit period referred to in subsection (1), to have deducted from benefits the amount, if any, of the earnings that exceeds the following instead of the amount described in subsection 19(2) of the Employment Insurance Act:
Marginal note:Requirement to inform Commission
(3) A claimant must inform the Commission of their election, if any, in respect of earnings received during all weeks of unemployment included in the benefit period not later than the 30th day after the day on which the last notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant. The election is irrevocable.
Marginal note:Late election
(4) If a claimant informs the Commission of their election after the day on which the deadline expires, the election is considered to have been made by that deadline if the claimant shows that there was good cause for the delay throughout the period that begins on the day on which the deadline expired and that ends on the day on which the claimant informs the Commission of their election.
Marginal note:No reconsideration of decision
(5) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is not subject to reconsideration under section 112 of the Employment Insurance Act.
Marginal note:Election made before August 12, 2018
294 An election that is made before August 12, 2018 under subsection 77.991(2) of the Regulations in respect of a benefit period is deemed to apply to earnings received during all weeks of unemployment that are included in the portion of the benefit period that falls in the period that begins on August 12, 2018 and that ends on August 14, 2021.
Marginal note:Claimants eligible to make election
295 (1) This section applies to
(a) a claimant who made an election under section 77.98 of the Regulations in respect of a benefit period, if the last notification of payment or non-payment of benefits in respect of that benefit period was issued to them after August 6, 2016;
(b) a claimant who made an election under subsection 77.991(2) of the Regulations; and
(c) a claimant who makes an election under section 293.
Marginal note:Election
(2) A claimant to whom this section applies may elect, in respect of earnings received during all weeks of unemployment before August 15, 2021 that fall in a benefit period established after August 11, 2018 but before August 15, 2021, to have deducted from benefits the amount, if any, of the earnings that exceeds the following instead of the amount described in subsection 19(2) or 152.18(2), as the case may be, of the Employment Insurance Act:
Marginal note:Requirement to inform Commission
(3) A claimant must inform the Commission of their election, if any, in respect of earnings received during all weeks of unemployment included in a given benefit period not later than the 30th day after the day on which the last notification of payment or non-payment of benefits in respect of one or more weeks of unemployment included in that benefit period is issued to the claimant or February 19, 2022, whichever is earlier. The election is irrevocable.
Marginal note:Late election
(4) If a claimant informs the Commission of their election after the day on which the deadline expires, the election is considered to have been made by that deadline if the claimant shows that there was good cause for the delay throughout the period that begins on the day on which the deadline expired and that ends on the day on which the claimant informs the Commission of their election.
Marginal note:No reconsideration of decision
(5) A decision of the Commission in respect of any matter related to an election, including the failure to make an election, is not subject to reconsideration under section 112 of the Employment Insurance Act.
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