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Employment Insurance Regulations

Version of section 12 from 2006-03-22 to 2013-04-06:

  •  (1) For the purposes of paragraph 7(4)(c) of the Act, the number of prescribed hours for any of the following weeks is 35 hours:

    • (a) a week in respect of which a claimant has received or will receive

      • (i) workers' compensation payments, other than a lump sum or pension paid in full and final settlement of a claim made for workers' compensation payments,

      • (ii) under a wage-loss indemnity plan, any earnings by reason of illness, injury, quarantine, pregnancy or care of a child or children referred to in subsection 23(1) of the Act,

      • (iii) indemnity payments referred to in paragraph 35(2)(f),

      • (iv) earnings because of which, pursuant to section 19 of the Act, no benefits are payable to the claimant, or

      • (v) an income support grant payment under the Atlantic Groundfish Strategy, other than a grant payment to provide support for an early retirement;

    • (b) a week in which the claimant was

      • (i) attending a course or program of instruction or training to which the claimant was referred by the Commission or by an authority designated by the Commission,

      • (ii) employed under the Self-employment employment benefit or the Job Creation Partnerships employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act,

      • (iii) prevented from establishing an interruption of earnings by virtue of the allocation of earnings pursuant to section 36,

      • (iv) serving a week of the waiting period, or

      • (v) serving a week of disqualification under section 28 of the Act or disqualified under section 30 of the Act for a week of unemployment for which benefits would otherwise be payable;

    • (c) a week of unemployment due to a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed.

  • (1.1) [Repealed, SOR/98-424, s. 1]

  • (2) For the purposes of subsection 14(4) of the Act, a prescribed week is a week in which the claimant has no insurable earnings and is

    • (a) a week in respect of which a claimant has received or will receive

      • (i) workers' compensation payments, other than a lump sum or pension paid in full and final settlement of a claim made for workers' compensation payments,

      • (ii) under a wage-loss indemnity plan, any earnings by reason of illness, injury, quarantine, pregnancy or care of a child or children referred to in subsection 23(1) of the Act,

      • (iii) indemnity payments referred to in paragraph 35(2)(f), or

      • (iv) earnings because of which, pursuant to section 19 of the Act, no benefits are payable to the claimant;

    • (b) a week in which the claimant was

      • (i) attending a course or program of instruction or training to which the claimant was referred by the Commission or by an authority designated by the Commission,

      • (ii) employed under the Self-employment employment benefit or the Job Creation Partnerships employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act,

      • (iii) prevented from establishing an interruption of earnings by virtue of the allocation of earnings pursuant to section 36,

      • (iv) serving a week of the waiting period, or

      • (v) serving a week of disqualification under section 28 of the Act or disqualified under section 30 of the Act for a week of unemployment for which benefits would otherwise be payable;

    • (c) a week of unemployment due to a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed; or

    • (d) a week for which benefits have been paid or were payable to the claimant.

  • (3) For the purposes of subsections (1) and (2), where a week is taken into account under any paragraph or subparagraph of subsection (1) or (2), or where that week coincides with a week of benefits paid, that week may not be taken into account under any other paragraph or subparagraph of that subsection.

  • SOR/97-31, s. 6
  • SOR/97-309, s. 1
  • SOR/97-310, ss. 4, 5
  • SOR/98-1, s. 1
  • SOR/98-424, s. 1

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