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) Subject to subsections (2.1) to (2.6), 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.

• Marginal note:Increase — five weeks

  (2.1) Subject to subsection (2.7), the number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant, but for this subsection, increased by five weeks if the following conditions are met:

  • (a) the claimant is not a long-tenured worker;

  • (b) the claimant’s benefit period began during the period beginning on January 4, 2015 and ending on July 8, 2017;

  • (c) the claimant’s ordinary residence at the beginning of the benefit period was in a region referred to in subsection (2.8); and

  • (d) benefits were paid or payable to the claimant because of a reason mentioned in subsection (2) for at least one week in the benefit period.

• Marginal note:Payment of benefits — subsection 10(13.2)

  (2.2) If subsection (2.1) applies in respect of a claimant whose benefit period is deemed under subsection 10(13.2) not to have ended,

  • (a) the claimant may, for weeks beginning on or after July 3, 2016, be paid benefits because of a reason mentioned in subsection (2) for no more than the five additional weeks referred to in subsection (2.1); and

  • (b) the claimant may not be paid those additional five weeks of benefits for any week that began before July 3, 2016.

• Marginal note:Increase — 25 weeks

  (2.3) Subject to subsection (2.7), the number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant, but for this subsection, increased by 25 weeks if the following conditions are met:

  • (a) the claimant is a long-tenured worker;

  • (b) the claimant’s benefit period began during the period beginning on January 4, 2015 and ending on October 29, 2016;

  • (c) the claimant’s ordinary residence at the beginning of the benefit period was in a region referred to in subsection (2.8); and

  • (d) benefits were paid or payable to the claimant because of a reason mentioned in subsection (2) for at least one week in the benefit period.

• Marginal note:Payment of benefits — subsection 10(13.4)

  (2.4) If subsection (2.3) applies in respect of a claimant whose benefit period is deemed under subsection 10(13.4) not to have ended,

  • (a) the claimant may, for weeks beginning on or after July 3, 2016, be paid benefits because of a reason mentioned in subsection (2) for no more than the 25 additional weeks referred to in subsection (2.3); and

  • (b) the claimant may not be paid those additional 25 weeks of benefits for any week that began before July 3, 2016.

• Marginal note:Increase — 17 weeks

  (2.5) The number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant, but for this subsection, increased by 17 weeks if the following conditions are met:

  • (a) the claimant is a long-tenured worker;

  • (b) the claimant’s benefit period began during the period beginning on October 30, 2016 and ending on February 25, 2017;

  • (c) the claimant’s ordinary residence at the beginning of the benefit period was in a region referred to in subsection (2.8); and

  • (d) benefits were paid or payable to the claimant because of a reason mentioned in subsection (2) for at least one week in the benefit period.

• Marginal note:Increase — 10 weeks

  (2.6) The number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant, but for this subsection, increased by 10 weeks if the following conditions are met:

  • (a) the claimant is a long-tenured worker;

  • (b) the claimant’s benefit period began during the period beginning on February 26, 2017 and ending on July 8, 2017;

  • (c) the claimant’s ordinary residence at the beginning of the benefit period was in a region referred to in subsection (2.8); and

  • (d) benefits were paid or payable to the claimant because of a reason mentioned in subsection (2) for at least one week in the benefit period.

• Marginal note:Application

  (2.7) If more than one benefit period in respect of a claimant began before July 3, 2016, subsection (2.1) or (2.3), as the case may be, applies to increase the number of weeks of benefits only in the benefit period that began on the day that is closest to that day.

• Marginal note:Regions

  (2.8) The regions, for the purposes of subsections (2.1) to (2.6), are the following regions described in Schedule I to the Employment Insurance Regulations:

  • (a) the region of Northern Ontario described in subsection 2(3) of that Schedule;

  • (b) the region of Sudbury described in subsection 2(14) of that Schedule;

  • (c) the region of Northern Manitoba described in subsection 6(3) of that Schedule;

  • (c.1) the region of Southern Interior British Columbia described in subsection 7(1) of that Schedule;

  • (d) the region of Northern British Columbia described in subsection 7(5) of that Schedule;

  • (e) the region of Saskatoon described in subsection 9(2) of that Schedule;

  • (e.1) the region of Southern Saskatchewan described in subsection 9(3) of that Schedule;

  • (f) the region of Northern Saskatchewan described in subsection 9(4) of that Schedule;

  • (g) the region of Calgary described in subsection 10(1) of that Schedule;

  • (g.1) the region of Edmonton described in subsection 10(2) of that Schedule;

  • (h) the region of Southern Alberta described in subsection 10(3) of that Schedule;

  • (i) the region of Northern Alberta described in subsection 10(4) of that Schedule;

  • (j) the region of Newfoundland/Labrador described in subsection 11(2) of that Schedule;

  • (k) the region of Whitehorse described in subsection 12(1) of that Schedule; and

  • (l) the region of Nunavut described in subsection 14(2) of that Schedule.

• 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 or, if the maximum number of weeks for which benefits may be paid to a claimant because of a reason mentioned in subsection (2) is greater than 45 weeks as a result of the application of any of subsections (2.1), (2.3), (2.5) and (2.6), the number that corresponds to that maximum number of weeks increased by five weeks.

• (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.