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

Marginal note:Qualifying period

153.1924 For the purposes of the Employment Insurance (Fishing) Regulations, the earnings determined under subsection 153.1923(1) are the insurable earnings for the qualifying period.

Marginal note:Access to special benefits

153.1925 Despite subsection 12(1) of the Employment Insurance (Fishing) Regulations, an insured person who is not qualified to receive benefits under section 7 and who is claiming special benefits qualifies to receive the special benefits if the person has at least $2,500 of insurable earnings from employment as a fisher in their qualifying period.

Deductions from Benefits

Marginal note:Exclusions from earnings

153.193 The following are to be excluded from the earnings referred to in section 35 of the Employment Insurance Regulations:

• (a) any pay or earnings referred to in subsection 36(8), (9) or (19) of those Regulations if

  • (i) the claimant’s benefit period begins on or after September 27, 2020, or

  • (ii) the pay or earnings are declared to the Commission on or after September 27, 2020 and would otherwise have been allocated under section 36 of those Regulations to a week beginning on or after September 27, 2020; and

• (b) any of the following portions of payments that are paid to a claimant as an insured person for the first week for which benefits are payable, if their waiting period has been waived under subsection 153.191(1):

  • (i) the portion of any payments referred to in subsection 37(1) of those Regulations that does not exceed 95% of the claimant’s normal weekly earnings from the employment to which the payments relate, and

  • (ii) despite paragraph 38(1)(a) of those Regulations, the portion of any payments referred to in subsection 38(1) of those Regulations that does not exceed the claimant’s normal weekly earnings from the employment to which the payments relate.

Disqualification and Disentitlement

Marginal note:Definition of employment

153.194 Despite paragraph 29(a), for the purposes of sections 30 to 33, employment refers to any employment of the claimant

• (a) within their qualifying period, but no earlier than 12 weeks before the Sunday referred to in paragraph 10(1)(a); or

• (b) within their benefit period.

Claim Procedure

Marginal note:Information

153.195 Despite paragraph 51(a), the Commission may, but is not required to, give the claimant and the employer the opportunity referred to in that paragraph.

Cessation of Effect

Marginal note:September 25, 2021 or repeal

• 153.196 (1) Subject to subsections (2) and (3), this Part ceases to apply on the earlier of September 25, 2021 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

• Marginal note:Exception

  (2) Section 153.19 ceases to apply on the earlier of October 31, 2020 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.

• Marginal note:Exception

  (3) Sections 153.1922 to 153.1924 cease to apply on December 18, 2021.

PART VIII.6Temporary Measures

Marginal note:Weekly insurable earnings

• 153.197 (1) Despite subsection 14(2), the weekly insurable earnings of a claimant whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of

  • (a) the claimant’s insurable earnings in the calculation period referred to in subsection 14(4), divided by the number of weeks in that period in which they had insurable earnings, and

  • (b) $545.

• Marginal note:Self-employed persons

  (2) Despite subsection 152.16(1), if a self-employed person’s benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 and the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.16(1)(a) and (b) by 52 is less than $545, the result is deemed to be $545.

• Marginal note:Fishers

  (3) Despite paragraph 8.1(a) of the Employment Insurance (Fishing) Regulations, the weekly insurable earnings of a fisher whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of the amount determined under that paragraph and $545.

PART IXRepeals, Transitional Provisions, Related and Conditional Amendments and Coming into Force

Repeals

154 and 155 [Repeals]

Transitional Provisions

National Training Act

Marginal note:Allowances

156 A training allowance being paid under section 5 of the National Training Act when it is repealed may continue to be paid in accordance with that Act and the regulations made under it, as they read immediately before the repeal of that Act, until the conclusion of the course to which the allowance relates.

Marginal note:Agreements

157 An agreement under section 7 of the National Training Act in effect when it is repealed continues in effect according to the terms of the agreement.

158 [Repealed, 2010, c. 12, s. 2190]

Unemployment Insurance Act

Marginal note:Benefit periods beginning before this section comes into force

• 159 (1) Except as otherwise provided in this section, all matters relating to a claim for benefits during a benefit period beginning before the Unemployment Insurance Act (the “former Act”) is repealed shall be dealt with under that Act, including any amendments that may be made by Bill C-31, introduced in the second session of the 35th Parliament and entitled An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996.

• Marginal note:Appeals - written reasons not required

  (1.01) Subsection 70(2) of the former Act applies in respect of appeals under that Act except that the Tax Court of Canada need not give reasons in writing for its decision but may give reasons in writing where, in a particular case, the Court deems it advisable.

• Marginal note:Deductions for undeclared earnings

  (1.1) Subsection 19(3) of this Act applies to claimants who fail to declare all or some of their earnings in a period determined under the regulations beginning on or after January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on or after that date in respect of any failure to declare earnings for such a period beginning after June 30, 1996.

• Marginal note:Deductions under subsection 19(4)

  (1.2) Subsection 19(4) of this Act applies to claimants who begin attending a course or program after the former Act is repealed.

• Marginal note:Parental benefits

  (2) Section 23 of this Act applies in place of section 20 of the former Act to claimants claiming benefits for the care of children born or placed for adoption after that Act is repealed.

• Marginal note:Job creation projects

  (3) Section 25 of the former Act applies only to claimants employed on job creation projects under that section when that Act is repealed.

• Marginal note:Training

  (4) Section 26 of the former Act applies only to claimants in a course or program to which they are referred under that section before that Act is repealed.

• (5) [Repealed, 2010, c. 12, s. 2191]

• Marginal note:Disentitlement and disqualification

  (6) Sections 27 to 33 of this Act apply in place of sections 27 to 28.3 of the former Act in respect of events occurring after that Act is repealed that give rise to a disentitlement or disqualification under those sections and, for the purpose of applying those sections, a reference in the former Act to

  • (a) section 27 shall be read as a reference to section 27 of this Act;

  • (b) section 28 shall be read as a reference to section 29 of this Act;

  • (c) section 28.1 shall be read as a reference to section 31 of this Act;

  • (d) section 28.2 shall be read as a reference to section 32 of this Act; and

  • (e) section 28.3 shall be read as a reference to section 33 of this Act.

• Marginal note:Application of section 145

  (7) Section 145 of this Act applies in place of section 123 of the former Act in respect of benefits paid after December 31, 1995.

Marginal note:Hours of insurable employment and earnings before 1997

160 For the purpose of calculating after 1996 how many hours of insurable employment and the amount of insurable earnings a claimant has under this Act, other than Part VIII, insurable employment and insurable earnings occurring

• (a) before June 30, 1996 shall be determined in accordance with the former Act; and

• (b) on or after June 30, 1996 but before January 5, 1997 shall be determined in accordance with this Act, as it applies on June 30, 1996.

Marginal note:Premiums

161 All matters relating to the payment of premiums under the former Act shall be dealt with under that Act.

162 [Repealed, 2010, c. 12, s. 2192]

Marginal note:Estimated insurable earnings for 1996-97

• 163 (1) For the purposes of section 78, the Commission’s estimate of the insurable earnings of all insured persons in the fiscal year 1996-97 shall be published in the Canada Gazette if it is not set out in the Main Estimates tabled in Parliament for that year.

• Marginal note:Plan for 1996-97

  (2) The plan mentioned in section 79 shall be published in the Canada Gazette for the fiscal year 1996-97 if it is not included in the Main Estimates tabled in Parliament for that year.

Marginal note:Powers and functions

• 164 (1) The powers or functions of any person under the former Act shall be exercised or performed by the person who exercises the corresponding powers or performs the corresponding functions under this Act.

• Marginal note:Boards of referees, etc.

  (2) Boards of referees, panels, chairpersons, umpires and the chief umpire established, appointed or designated under the former Act continue as if they had been established, appointed or designated under this Act.

Marginal note:Waivers and agreements

165 Waivers and agreements made under paragraph 4(1)(d) of the former Act and in effect when that Act is repealed continue in effect as though they had been made under paragraph 5(4)(d) of this Act.

166 [Repealed, 2010, c. 12, s. 2193]

Transitional Regulations

Marginal note:Regulations

167 The Commission may, with the approval of the Governor in Council, make regulations providing for any other transitional matters, including regulations

• (a) providing for the transition from weeks of insurable employment to hours of insurable employment, or from any other basis to another under Part VIII; and

• (b) for establishing requirements to qualify to receive benefits, the duration of entitlement to benefits, benefit rates and disentitlement or disqualification from receiving benefits.

Consequential and Related Amendments

168 to 186 [Amendments]

Changes in Terminology

187 [Amendments]

Conditional Amendments

188 and 189 [Amendments]

Coming into Force

Marginal note:Coming into force

• 190 (1) Except as otherwise provided in this section, this Act comes into force on June 30, 1996.

• Marginal note:Certain provisions in force on January 1, 1997

  (2) Section 4, subsection 5(6), sections 66 and 67, subsections 82(1) and (2), paragraphs 90(1)(d), (h) and (i), section 95 and subsections 96(4) and (5) come into force on January 1, 1997.

• Marginal note:Certain provisions in force on January 5, 1997

  (3) The following provisions come into force on January 5, 1997:

  • (a) the definitions major attachment claimant and minor attachment claimant in subsection 6(1);

  • (b) section 7;

  • (c) subsection 12(2);

  • (d) sections 14 to 17;

  • (e) subsection 19(2);

  • (f) subsection 28(4);

  • (g) paragraph 30(1)(a) and subsections 30(5) and (6);

  • (h) paragraph 31(c);

  • (i) paragraph 32(2)(c);

  • (j) subsection 38(3);

  • (k) section 55;

  • (l) paragraph 108(1)(h);

  • (l.1) subsection 153.1(3); and

  • (m) Schedule I.

• Marginal note:Certain provisions in force on January 5, 1997

  (3.1) Subsections 7.1(1) to (3) come into force on January 5, 1997, but in applying them the Commission may take into account notices issued under subsection 7.1(4) on or after June 30, 1996.

• Marginal note:Subsection 19(3) in force on January 5, 1997

  (3.2) Subsection 19(3) comes into force on January 5, 1997, but the Commission may make deductions under subparagraph 19(3)(a)(i) on and after that date in respect of any failure to declare earnings for a period beginning on or after June 30, 1996.

• Marginal note:Interim provisions

  (4) The provisions set out in Schedule II apply in place of the provisions listed in subsections (2) and (3) from June 30, 1996 until the coming into force of those provisions.

• Marginal note:Continuing application of benefit rate provision

  (5) The provisions enacted by section 6 of Schedule II continue to apply in place of sections 14, 16 and 17 of this Act to claimants whose benefit periods begin on or after June 30, 1996 and before January 5, 1997.

• Marginal note:Certain provisions in force in January 1, 1998

  (6) Sections 172 to 175 come into force on January 1, 1998.