Employment Insurance Act

Marginal note:Benefits

• 12 (1) If a benefit period has been established for a claimant, benefits may be paid to the claimant for each week of unemployment that falls in the benefit period, subject to the maximums established by this section.

• Marginal note:General maximum

  (2) The maximum number of weeks for which benefits may be paid in a benefit period because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table in Schedule I by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period.

• (2.1) to (2.4) [Repealed, 2009, c. 30, s. 2]

• Marginal note:Maximum — special benefits

  (3) The maximum number of weeks for which benefits may be paid in a benefit period

  • (a) because of pregnancy is 15;

  • (b) because the claimant is caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is 35;

  • (c) because of a prescribed illness, injury or quarantine is 15;

  • (d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2) is 26; and

  • (e) because the claimant is providing care or support to one or more critically ill children described in subsection 23.2(1), is 35.

• Marginal note:Maximum — special benefits

  (4) The maximum number of weeks for which benefits may be paid

  • (a) for a single pregnancy is 15; and

  • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is 35.

• Marginal note:Maximum — parental benefits

  (4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) and a claim is made under section 152.05 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is 35.

• Marginal note:Maximum — compassionate care benefits

  (4.1) Even if more than one claim is made under this Act, at least one of which is made under section 23.1 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.1 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.1(4)(a).

• Marginal note:Shorter period

  (4.2) If a shorter period is prescribed for the purposes of subsection 23.1(5), then that shorter period applies for the purposes of subsection (4.1).

• Marginal note:Expiration of shorter period

  (4.3) When a shorter period referred to in subsection (4.2) has expired in respect of a family member, no further benefits are payable under section 23.1 in respect of that family member until the minimum prescribed number of weeks has elapsed.

• Marginal note:Maximum — critically ill child

  (4.4) Even if more than one claim is made under this Act, at least one of which is made under section 23.2 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.2 — for the same reason and in respect of the same critically ill child, the maximum number of weeks of benefits payable under this Act in respect of that child is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.2(3)(a).

• Marginal note:Maximum — critically ill children

  (4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.2 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.2 — for the same reason and in respect of the same children who are critically ill as a result of the same event, the maximum number of weeks of benefits payable under this Act in respect of those children is 35 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.2(4)(a).

• Marginal note:Combined weeks of benefits

  (5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which they are entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period is extended under subsection 10(13), the maximum number of combined weeks equals the maximum number of weeks in the benefit period calculated under subsection 10(15) less two weeks.

• Marginal note:Combined weeks of benefits

  (6) In a claimant’s benefit period, the claimant may, subject to the applicable maximums, combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsections (2) and (3), but the total number of weeks of benefits shall not exceed 50.

• (7) [Repealed, 2000, c. 14, s. 3]

• Marginal note:Adoption

  (8) For the purposes of this section, the placement with a major attachment claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.