Employment Insurance Act

Marginal note:Beginning of benefit period

• 10 (1) A benefit period begins on the later of

  • (a) the Sunday of the week in which the interruption of earnings occurs, and

  • (b) the Sunday of the week in which the initial claim for benefits is made.

• Marginal note:Length of benefit period

  (2) The length of a benefit period is 52 weeks, except as otherwise provided in subsections (10) to (15) and section 24.

• Marginal note:Prior benefit period

  (3) Subject to a change or cancellation of a benefit period under this section, a benefit period shall not be established for the claimant if a prior benefit period has not ended.

• Marginal note:Late initial claims

  (4) An initial claim for benefits made after the day when the claimant was first qualified to make the claim shall be regarded as having been made on an earlier day if the claimant shows that the claimant qualified to receive benefits on the earlier day and that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the initial claim was made.

• Marginal note:Other late claims

  (5) A claim for benefits, other than an initial claim for benefits, made after the time prescribed for making the claim shall be regarded as having been made on an earlier day if the claimant shows that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the claim was made.

• Marginal note:Exception

  (5.1) A claim for benefits referred to in section 23.1 with respect to a family member shall not be regarded as having been made on an earlier day under subsection (4) or (5) if

  • (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

  • (b) the beginning of the period referred to in subsection 23.1(4) has already been determined with respect to that family member and the claim would have the effect of moving the beginning of that period to an earlier date; or

  • (c) the claim is made in any other circumstances set out in the regulations.

• Marginal note:Cancelling benefit period

  (6) Once a benefit period has been established for a claimant, the Commission may

  • (a) cancel the benefit period if it has ended and no benefits were paid or payable during the period; or

  • (b) whether or not the period has ended, cancel at the request of the claimant that portion of the benefit period immediately before the first week for which benefits were paid or payable, if the claimant

    • (i) establishes a new benefit period beginning the first week for which benefits were paid or payable, and

    • (ii) shows that there was good cause for the delay in making the request throughout the period beginning on the day when benefits were first paid or payable and ending on the day when the request for cancellation was made.

• Marginal note:Effect of cancellation

  (7) A cancelled benefit period or portion of a benefit period is deemed never to have begun.

• Marginal note:End of benefit period

  (8) A benefit period ends when any of the following first occurs:

  • (a) no further benefits are payable to the claimant in their benefit period, including for the reason that benefits have been paid for the maximum number of weeks for which benefits may be paid under section 12;

  • (b) the benefit period would otherwise end under this section; or

  • (c) [Repealed, 2002, c. 9, s. 12]

  • (d) the claimant

    • (i) requests that their benefit period end,

    • (ii) makes a new initial claim for benefits, and

    • (iii) qualifies to receive benefits under this Part.

• Marginal note:Late requests

  (9) Whether or not the benefit period has ended, a request under paragraph 8(d) shall be regarded as having been made on an earlier day if the claimant shows that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the request was made.

• Marginal note:Extension of benefit period

  (10) A claimant’s benefit period is extended by the aggregate of any weeks during the benefit period for which the claimant proves, in such manner as the Commission may direct, that the claimant was not entitled to benefits because the claimant was

  • (a) confined in a jail, penitentiary or other similar institution;

  • (b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;

  • (c) in receipt of workers’ compensation payments for an illness or injury; or

  • (d) in receipt of payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the claimant, her unborn child or a child whom she was breast-feeding.

• Marginal note:Further extension of benefit period

  (11) A claimant’s benefit period is extended by the aggregate of any weeks during an extension of a benefit period under subsection (10) for which the claimant proves, in such manner as the Commission may direct, that the claimant was not entitled to benefits because of a reason specified in that subsection.

• Marginal note:Extension of benefit period — children in hospital

  (12) If the child or children referred to in subsection 23(1) are hospitalized during the period referred to in subsection 23(2), the benefit period is extended by the number of weeks during which the child or children are hospitalized.

• Marginal note:Extension of benefit period — special benefits

  (13) If, during a claimant’s benefit period,

  • (a) regular benefits were not paid to the claimant,

  • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and

  • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c),

  the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c).

• Marginal note:Extension of benefit period — special benefits

  (13.1) If, during a claimant’s benefit period,

  • (a) regular benefits were not paid to the claimant,

  • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and

  • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b), (c) and (d),

  the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d).

• Marginal note:Extension of benefit period — special benefits

  (13.2) If, during a claimant’s benefit period,

  • (a) regular benefits were not paid to the claimant,

  • (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and

  • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d),

  the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d).

• Marginal note:Extension of benefit period — special benefits

  (13.3) If, during a claimant’s benefit period,

  • (a) regular benefits were not paid to the claimant,

  • (b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and

  • (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d),

  the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of those paragraphs.

• Marginal note:Maximum extension under subsections (10) to (13.3)

  (14) Subject to subsection (15), no extension under any of subsections (10) to (13.3) may result in a benefit period of more than 104 weeks.

• Marginal note:Maximum extension under subsections (13) to (13.3)

  (15) Unless the benefit period is also extended under any of subsections (10) to (12),

  • (a) no extension under subsection (13) may result in a benefit period of more than 67 weeks;

  • (b) no extension under subsection (13.1) or (13.2) may result in a benefit period of more than 58 weeks; and

  • (c) no extension under subsection (13.3) may result in a benefit period of more than 73 weeks.