Employment Insurance Regulations

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Employment Insurance Regulations

SOR/96-332EMPLOYMENT INSURANCE ACT
Registration 1996-06-28
Employment Insurance Regulations
P.C. 1996-1056 1996-06-28His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Immigration, pursuant to subsections 5(4), (6) and (7), paragraphs 7(4)(c), 7.1(6)(b) and 8(2)(a), section 16, paragraph 18(b), subsections 19(1), (3) and (4), section 24, paragraph 25(1)(b), subsection 36(2), section 37, subsections 42(3) and 50(4), section 54, subsections 55(1) and 60(3), sections 69, 109 and 110, subsections 111(5) and 114(1), section 116, paragraph 121(2)(b) and sections 123, 139, 143, 153.1 and 167 of the Employment Insurance ActFootnote a and paragraph 5(6)(g) set out in section 2 of Schedule II and section 14 set out in section 6 of Schedule II to that Act, hereby approves the annexed Employment Insurance Regulations, made by the Canada Employment and Immigration Commission.
Return to footnote aS.C. 1996, c. 23Interpretation

1 (1) The definitions in this subsection apply in these Regulations.

Act
Act means the Employment Insurance Act. (Loi)
pay period
pay period means the period in respect of which earnings are paid to or enjoyed by an insured person. (période de paie)
self-employed person
self-employed person, other than in sections 30 and 35, has the same meaning as in subsection 152.01(1) of the Act. (travailleur indépendant)

(2) For the purposes of these Regulations and section 5 of the Act, "international organization" means

(a) any specialized agency of which Canada is a member that is brought into relationship with the United Nations in accordance with article 63 of the Charter of the United Nations; and
(b) any international organization of which Canada is a member, the primary purpose of which is the maintenance of international peace or the economic or social well-being of a community of nations. (organisme international)

(3) For the purposes of these Regulations and subsections 23.2(1) and 152.061(1) of the Act, critically ill child has the meaning assigned by section 41.4.
(4) For the purposes of these Regulations and paragraphs 23.2(1)(a) and 152.061(1)(a) of the Act, care and support, in relation to a critically ill child, have the meanings assigned by section 41.5.

SOR/2010-10, s. 1;
SOR/2013-102, s. 1.

Previous Version

Insurable Employment

Employment Included in Insurable Employment

2 (1) Employment in Canada by Her Majesty in right of a province that would, except for paragraph 5(2)(c) of the Act, be insurable employment is included in insurable employment if the government of the province enters into an agreement with the Commission whereby that government agrees to waive exclusion and to insure all its employees engaged in such employment.
(2) For greater certainty, employment in Canada by Her Majesty in right of a province, for the purposes of subsection (1), includes only employment in Canada of employees who are appointed and remunerated under an Act governing that province's public service, or who are employed in Canada by a corporation, commission or other body that is an agent of Her Majesty in right of the province.

3 (1) Employment in Canada by the government of a country other than Canada or of any political subdivision of that other country, or by an international organization, that would, except for paragraphs 5(2)(d) and (e) of the Act, be insurable employment, may be included in insurable employment if the employing government or the international organization, as the case may be, consents in writing to its inclusion.
(2) Where a consent has been given pursuant to the Unemployment Insurance Regulations, as they read immediately before June 30, 1996, and has not been revoked, it shall be considered to be a consent referred to in subsection (1).

4 Employment on a ship outside Canada or partly outside Canada that would be insurable employment if it were in Canada is included in insurable employment if that employment is

(a) on a ship of Canadian registry or licence, except where that ship is regularly employed in voyages between ports outside Canada and has been chartered to a person resident outside Canada; or

(b) on a ship, other than a ship of Canadian registry or licence, where

(i) the ship has been chartered to a person resident in Canada and is regularly employed in voyages from a port in Canada,
(ii) the operation of the ship is principally controlled in Canada and regularly employed in voyages from a port in Canada and the owner or managing owner of the ship resides or has a place of business in Canada, or
(iii) any employment on that ship is subject to the provisions of the Act by virtue of an agreement between the Government of Canada and the government of the jurisdiction in which that ship is registered.

5 Employment outside Canada, other than employment on a ship described in section 4, is included in insurable employment if

(a) the person so employed ordinarily resides in Canada;
(b) that employment is outside Canada or partly outside Canada by an employer who is resident or has a place of business in Canada;
(c) the employment would be insurable employment if it were in Canada; and
(d) the employment is not insurable employment under the laws of the country in which it takes place.

6 Employment in any of the following employments, unless it is excluded from insurable employment by any provision of these Regulations, is included in insurable employment:

(a) employment of a union member by the member's union in conducting union business, other than picketing in a labour dispute;
(b) employment of a person as an apprentice or trainee, notwithstanding that the person does not perform any services for their employer;
(c) employment of a person as a member of the clergy or as a member of a religious order;

(d) employment of a person in a barbering or hairdressing establishment, where the person

(i) provides any of the services that are normally provided in such an establishment, and
(ii) is not the owner or operator of the establishment;

(e) employment of a person as a driver of a taxi, commercial bus, school bus or any other vehicle that is used by a business or public authority for carrying passengers, where the person is not the owner of more than 50 per cent of the vehicle or the owner or operator of the business or the operator of the public authority;

(f) employment of a person who holds an office, as defined in subsection 2(1) of the Canada Pension Plan,

(i) in or under any department or other portion of the federal public administration set out in Schedule I, II, III, IV or V to the Financial Administration Act,
(ii) where the person is appointed and remunerated under an Act governing the public service of a province, the government of which has, pursuant to subsection 2(1), agreed to insure all of its employees,
(iii) where the person holds the office in or under a corporation, commission or other body that is an agent of Her Majesty in right of a province referred to in subparagraph (ii), or
(iv) where the person holds the office in a union or an association of unions to which the person was elected by popular vote, or was elected or appointed to that office in the union or association in a representative capacity, and that employment is not included in insurable employment by paragraph (a); and

(g) employment of a person who is placed in that employment by a placement or employment agency to perform services for and under the direction and control of a client of the agency, where that person is remunerated by the agency for the performance of those services.

SOR/97-31, s. 1;
SOR/2009-266, s. 1.

Previous Version

Employment Excluded from Insurable Employment

7 The following employments are excluded from insurable employment:

(a) [Repealed, SOR/97-310, s. 1]
(b) employment of a person who is a member of a religious order, if the person has taken a vow of poverty and the person's remuneration is paid directly, or by that person, to the order;

(c) employment in respect of which premiums are payable under

(i) the unemployment insurance law of any state of the United States, the District of Columbia, Puerto Rico or the Virgin Islands, by reason of the Agreement between Canada and the United States Respecting Unemployment Insurance, signed on March 6 and 12, 1942, or
(ii) the Railroad Unemployment Insurance Act of the United States;

(d) employment in Canada of a person who resides in a country other than Canada, if premiums are payable in respect of services performed by the person in Canada under the unemployment insurance laws of that other country;
(e) employment of a person for the purpose of a rescue operation, if the person is not regularly employed by the employer who employs them for that purpose; and
(f) employment 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.

SOR/97-310, s. 1.

8 (1) Subject to subsections (2) to (4), the following employments are excluded from insurable employment:

(a) employment of a person by an employer, other than as an entertainer, in connection with a circus, fair, parade, carnival, exposition, exhibition or other similar activity if the person

(i) is not regularly employed by that employer, and
(ii) is employed by that employer in that employment for less than seven days in a year; and

(b) [Repealed, SOR/98-588, s. 1]

(c) employment of a person by Her Majesty in right of Canada, the government of a province, a municipality or a school board in connection with a referendum or election to public office if the person

(i) is not regularly employed by that employer, and
(ii) is employed by that employer in that employment for less than 35 hours in any year after 1998.

(2) Where an employment that has been excluded from insurable employment under paragraph (1)(a) or (c) becomes a regular employment, the employment is insurable employment beginning on the day or at the hour, as the case may be, that the employment became a regular employment.
(3) Where a person has been employed by the same employer in one or more employments that have been excluded from insurable employment under paragraph (1)(a) and the total period of those employments exceeds six days in the same year, the employments, taken together, are insurable employment beginning on the day when the total period of employment began.
(4) Where a person has been employed by the same employer in one or more employments that have been excluded from insurable employment under paragraph (1)(c) and the total period of those employments exceeds 34 hours in the same year, the employments, taken together, are insurable employment beginning at the hour when the total period of employment began.

SOR/98-588, s. 1.

9 (1) The definitions in this subsection apply in this section.

agriculture

agriculture means the operations of farming that are carried out for the benefit of any person who is a farmer and, without limiting the generality of the foregoing, includes

(a) where carried out on a farm

(i) clearing land for cultivation,
(ii) cultivation of the soil,
(iii) conservation of the soil, including the construction, maintenance and operation of tile drainage systems, ditches, canals, reservoirs or waterways exclusively for the purposes of farming,
(iv) harvesting, storing or grading any natural product of farming,
(v) preparing land for the growing and harvesting of wild berries,
(vi) raising bees and producing honey,
(vii) breeding or raising animals or birds, or producing eggs,
(viii) dairy farming and the processing of milk, butter or cheese that is produced on that farm, and
(ix) producing maple sap, maple syrup or maple sugar; and

(b) where carried out on or off a farm

(i) offering for sale or selling any of the products of the operations referred to in subparagraphs (a) (i) to (ix), if the offering for sale or selling is incidental to those operations, and
(ii) exhibiting, advertising, assembling, freezing, storing, grading, preparing, processing, packing and transporting the products described in subparagraph (i), if those operations are incidental to the offering for sale or selling described in that subparagraph. (agriculture)

agricultural enterprise
agricultural enterprise means the business of agriculture carried on for the benefit of any person who is a farmer. (entreprise agricole)
horticulture

horticulture means the following operations and includes all the services incidental to the carrying out of those operations, if the services are performed at the place where the operations are carried on:

(a) the propagating, producing, raising or harvesting of

(i) vegetables, flowers, shrubs or ornamental grasses, and
(ii) seeds, seedlings, grafts or cuttings of vegetables, flowers, shrubs or ornamental grasses; and

(b) landscape gardening where it is incidental to the carrying out of

(i) any of the operations described in paragraph (a), or
(ii) agriculture. (horticulture)

(2) The employment of a person by an employer in agriculture, an agricultural enterprise or horticulture that would otherwise be insurable is excluded from insurable employment if the person is employed by the employer in that employment for

(a) less than seven days in a year; or
(b) seven days or more in a year and is not remunerated in cash by the employer for any part of that employment.

SOR/97-31, s. 2.

Search for Suitable Employment

Reasonable and Customary Efforts

9.001 For the purposes of subsection 50(8) of the Act, the criteria for determining whether the efforts that the claimant is making to obtain suitable employment constitute reasonable and customary efforts are the following:

(a) the claimant’s efforts are sustained;

(b) the claimant’s efforts consist of

(i) assessing employment opportunities,
(ii) preparing a resumé or cover letter,
(iii) registering for job search tools or with electronic job banks or employment agencies,
(iv) attending job search workshops or job fairs,
(v) networking,
(vi) contacting prospective employers,
(vii) submitting job applications,
(viii) attending interviews, and
(ix) undergoing evaluations of competencies; and

(c) the claimant’s efforts are directed toward obtaining suitable employment.

SOR/2012-261, s. 1.

Suitable Employment

9.002 For the purposes of paragraphs 18(1)(a) and 27(1)(a) to (c) and subsection 50(8) of the Act, the criteria for determining what constitutes suitable employment are the following:

(a) the claimant’s health and physical capabilities allow them to commute to the place of work and to perform the work;
(b) the hours of work are not incompatible with the claimant’s family obligations or religious beliefs;
(c) the nature of the work is not contrary to the claimant’s moral convictions or religious beliefs;
(d) the daily commuting time to or from the place of work is not greater than one hour or, if it is greater than one hour, it does not exceed the claimant’s daily commuting time to or from their place of work during the qualifying period or is not uncommon given the place where the claimant resides, and commuting time is assessed by reference to the modes of commute commonly used in the place where the claimant resides;
(e) the employment is of a type referred to in section 9.003; and

(f) the offered earnings correspond to the scale set out in section 9.004 and the claimant, by accepting the employment, will not be put in a less favourable financial situation than the less favourable of

(i) the financial situation that the claimant is in while receiving benefits, and
(ii) that which the claimant was in during their qualifying period.

SOR/2012-261, s. 1;
SOR/2013-102, s. 2.

Previous Version

9.003 (1) A type of employment is

(a) in respect of a claimant who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of their benefit period and who, according to their income tax returns for which notices of assessment have been sent by the Canada Revenue Agency, paid at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of their benefit period or, if their income tax return for the year before the beginning of their benefit period has not yet been filed or a notice of assessment for that year has not yet been sent by that Agency, in 7 of the 10 years before that year,

(i) during the first 18 weeks of the benefit period, the same occupation, and
(ii) after the 18th week of the benefit period, a similar occupation;

(b) in respect of a claimant who was paid more than 60 weeks of regular benefits in at least three benefit periods in the 260 weeks before the beginning of their benefit period,

(i) during the first six weeks of the benefit period, a similar occupation, and
(ii) after the sixth week of the benefit period, any occupation in which the claimant is qualified to work; and

(c) in respect of a claimant to whom neither paragraph (a) nor (b) applies,

(i) during the first six weeks of the benefit period, the same occupation,
(ii) after the sixth week and until the 18th week of the benefit period, a similar occupation, and
(iii) after the 18th week of the benefit period, any occupation in which the claimant is qualified to work.

(2) For the purposes of this section,

(a) same occupation means any occupation in which the claimant worked during their qualifying period;
(b) similar occupation means any occupation in which the claimant is qualified to work and which entails duties that are comparable to the ones that the claimant had during their qualifying period; and
(c) occupation in which the claimant is qualified to work includes an occupation in which the claimant could become qualified to work through on-the-job training.

(3) In the counting of weeks referred to in subsection (1) and section 9.004, account shall be taken only of the waiting period, of any week in respect of which regular benefits are paid to the claimant and of any week of disqualification referred to in subsection 28(1) of the Act.

SOR/2012-261, s. 1.

9.004 Offered earnings — evaluated by reference to earnings from the employment in which the claimant worked for the greatest number of hours during their qualifying period — are

(a) in respect of a claimant to whom paragraph 9.003(1)(a) applies,

(i) during the first 18 weeks of the benefit period, earnings equal to 90% or more of the reference earnings, and
(ii) after the 18th week of the benefit period, earnings equal to 80% or more of the reference earnings;

(b) in respect of a claimant to whom paragraph 9.003(1)(b) applies,

(i) during the first six weeks of the benefit period, earnings equal to 80% or more of the reference earnings, and
(ii) after the sixth week of the benefit period, earnings equal to 70% or more of the reference earnings; and

(c) in respect of a claimant to whom paragraph 9.003(1)(c) applies,

(i) during the first six weeks of the benefit period, earnings equal to 90% or more of the reference earnings,
(ii) after the sixth week and until the 18th week of the benefit period, earnings equal to 80% or more of the reference earnings, and
(iii) after the 18th week of the benefit period, earnings equal to 70% or more of the reference earnings.

SOR/2012-261, s. 1.

Agreement — Self-Employed Person

Termination of Agreement — Notice

9.01 The notice referred to in subsection 152.02(4) of the Act that the individual gives to the Commission to terminate the agreement shall be given in writing.
SOR/2010-10, s. 2.

Withdrawal of Notice

9.02 The withdrawal of the notice referred to in paragraph 152.02(6)(b) of the Act shall be given to the Commission in writing.
SOR/2010-10, s. 2.

PART I Benefits

[SOR/2010-10, s. 3]
Hours of Insurable Employment — Methods of Determination

9.1 Where a person's earnings are paid on an hourly basis, the person is considered to have worked in insurable employment for the number of hours that the person actually worked and for which the person was remunerated.
SOR/97-31, s. 3.

9.2 Subject to section 10, where a person's earnings or a portion of a person's earnings for a period of insurable employment remains unpaid for the reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations, the person is deemed to have worked in insurable employment for the number of hours that the person actually worked in the period, whether or not the person was remunerated.
SOR/97-310, s. 2.

10 (1) Where a person's earnings are not paid on an hourly basis but the employer provides evidence of the number of hours that the person actually worked in the period of employment and for which the person was remunerated, the person is deemed to have worked that number of hours in insurable employment.
(2) Except where subsection (1) and section 9.1 apply, if the employer cannot establish with certainty the actual number of hours of work performed by a worker or by a group of workers and for which they were remunerated, the employer and the worker or group of workers may, subject to subsection (3) and as is reasonable in the circumstances, agree on the number of hours of work that would normally be required to gain the earnings referred to in subsection (1), and, where they do so, each worker is deemed to have worked that number of hours in insurable employment.
(3) Where the number of hours agreed to by the employer and the worker or group of workers under subsection (2) is not reasonable or no agreement can be reached, each worker is deemed to have worked the number of hours in insurable employment established by the Minister of National Revenue, based on an examination of the terms and conditions of the employment and a comparison with the number of hours normally worked by workers performing similar tasks or functions in similar occupations and industries.
(4) Except where subsection (1) and section 9.1 apply, where a person's actual hours of insurable employment in the period of employment are not known or ascertainable by the employer, the person, subject to subsection (5), is deemed to have worked, during the period of employment, the number of hours in insurable employment obtained by dividing the total earnings for the period of employment by the minimum wage applicable, on January 1 of the year in which the earnings were payable, in the province where the work was performed.
(5) In the absence of evidence indicating that overtime or excess hours were worked, the maximum number of hours of insurable employment which a person is deemed to have worked where the number of hours is calculated in accordance with subsection (4) is seven hours per day up to an overall maximum of 35 hours per week.
(6) Subsections (1) to (5) are subject to section 10.1.
(7) [Repealed, SOR/97-31, s. 4]

SOR/97-31, s. 4;
SOR/2002-377, s. 1.

10.01 (1) If a person is required under their contract of employment to be available for a certain period awaiting a request from their employer to work, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours at a rate equivalent or superior to the remuneration that would be paid if the person had actually worked during that period.
(2) Despite subsection (1), if a person is required by their employer under their contract of employment to be present at the employer's premises for a certain period in case their services are required, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours.

SOR/2002-377, s. 2.

10.1 (1) Where an insured person is remunerated by the employer for a period of paid leave, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked and for which the person would normally have been remunerated during that period.

(2) Where an insured person is remunerated by the employer for a period of leave in the form of a lump sum payment calculated without regard to the length of the period of leave, the person is deemed to have worked in insurable employment for the lesser of

(a) the number of hours that the person would normally have worked and for which the person would normally have been remunerated during the period, and
(b) the number of hours obtained by dividing the lump sum amount by the normal hourly rate of pay.

(3) Where an insured person is remunerated by the employer for a non-working day and

(a) works on that day, the person is deemed to have worked in insurable employment for the greater of the number of hours that the person actually worked and the number of hours that the person would normally have worked on that day; and
(b) does not work on that day, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked on that day.

SOR/97-31, s. 5.

10.11 For the purpose of section 10.1, the amounts that are excluded from an insured person’s earnings from insurable employment by subsection 2(3) of the Insurable Earnings and Collection of Premiums Regulations shall not be taken into account in determining the person’s hours of insurable employment.
SOR/2005-274, s. 1.

10.2 For the purposes of sections 9.1, 10, 10.01, 10.1 and 22,

(a) an hour of work performed in insurable employment is considered to be a single hour of insurable employment, even if the hour is remunerated at an overtime rate of pay; and
(b) if the addition of hours of insurable employment falling between the first day and the last day worked in a given period of employment results in a total number of hours that contains a fraction of an hour, the fraction shall be counted as a whole hour.

SOR/97-31, s. 5;
SOR/2002-377, s. 3.

11 (1) Where an insured person is employed on a full-time basis for and remunerated for less than 35 hours per week in an occupation in which the maximum number of hours of full-time work per week is limited by federal or provincial statutes or regulations made under those statutes to less than 35 hours, the insured person is deemed to be employed in insurable employment for 35 hours per week.

(2) Subject to section 10,

(a) an insured person who is a member of the Canadian Forces on full-time service or of a police force and is required to be available on standby outside of their regularly scheduled hours of work is deemed to be employed in insurable employment for 35 hours per week; and

(b) an insured person who is a member of the reserve force and is paid the rate of pay for

(i) each period of duty or training of less than 6 hours is deemed to be employed in insurable employment for 3 1/2 hours per period, or
(ii) each period of duty or training of not less than 6 hours and not more than 24 hours is deemed to be employed in insurable employment for 7 hours per period

to a maximum of 35 hours of insurable employment per week.

SOR/97-310, s. 3.

Adjustment of Amount of Self-employed Earnings

11.1 (1) The amount of self-employed earnings referred to in subparagraph 152.07(1)(d)(i) of the Act shall be adjusted annually on a compound basis, beginning on January 1, 2012, by the ratio referred to in paragraph 4(2)(b) of the Act.
(2) If the ratio referred to in subsection (1) is less than 1.0 and would result in an adjusted amount of less than $6,000, the ratio is deemed to be 1.0.
(3) If the adjusted amount calculated in accordance with subsections (1) and (2) is not a multiple of one dollar, that amount shall be rounded down to the nearest dollar.

SOR/2010-10, s. 4.

Hours that Relate to Employment in the Labour Force

[SOR/2013-45, s. 1]

12 (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 or quarantine, pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act or of a critically ill child,
(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 (1), no week shall be taken into account if it has already been taken into account or if it coincides with a week of benefits paid.
(3) [Repealed, SOR/2013-45, s. 2]

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;
SOR/2013-45, s. 2;
SOR/2013-102, s. 3.

Previous Version

Average Number of Weeks for the Purposes of Paragraphs 7.1(6)(b) and 152.07(3)(b) of the Act

[SOR/2010-10, s. 5]

13 (1) For the purpose of paragraph 7.1(6)(b) of the Act, the average number of weeks of regular benefits of a claimant is the maximum number of weeks for which benefits may be paid to the claimant under section 8 of the Employment Insurance (Fishing) Regulations or subsection 12(2) of the Act, less the number of weeks of benefits paid to the claimant, including the weeks of benefits used to establish the overpayment under paragraph 7.1(6)(a) of the Act, with the result divided by two.
(2) For the purposes of paragraph 152.07(3)(b) of the Act, a self-employed person’s average number of weeks of benefits is the maximum number of weeks for which benefits may be paid to them under subsection 152.14(1) of the Act, less the number of weeks of benefits paid to them, including the weeks of benefits used to establish the overpayment referred to in paragraph 152.07(3)(a) of the Act, with the result divided by two.

SOR/97-31, s. 7;
SOR/2010-10, s. 6.

Previous Version

Interruption of Earnings

14 (1) Subject to subsections (2) to (7), an interruption of earnings occurs where, following a period of employment with an employer, an insured person is laid off or separated from that employment and has a period of seven or more consecutive days during which no work is performed for that employer and in respect of which no earnings that arise from that employment, other than earnings described in subsection 36(13), are payable or allocated.
(2) An interruption of earnings from an employment occurs in respect of an insured person at the beginning of a week in which a reduction in earnings that is more than 40% of the insured person’s normal weekly earnings occurs because the insured person ceases to work in that employment by reason of illness, injury or quarantine, pregnancy, the need to care for a child or children referred to in subsection 23(1) of the Act or the need to provide care or support to a family member referred to in subsection 23.1(2) of the Act or to a critically ill child.
(3) A period of leave referred to in subsection 11(4) of the Act does not constitute an interruption of earnings, regardless of whether the person is remunerated for that period of leave.
(4) Where an insured person is employed under a contract of employment under which the usual remuneration is payable in respect of a period greater than a week, no interruption of earnings occurs during that period, regardless of the amount of work performed in the period and regardless of the time at which or the manner in which the remuneration is paid.

(5) An interruption of earnings in respect of an insured person occurs

(a) in the case of an insured person who is employed in the sale or purchase of real estate on a commission basis and holds a licence to sell real estate issued by a provincial authority, when

(i) the licence of the insured person is surrendered, suspended or revoked, or
(ii) the insured person ceases to work in that employment by reason of a circumstance referred to in subsection (2); and

(b) in the case of an insured person who is employed under a contract of employment and whose earnings from that employment consist mainly of commissions, when

(i) the insured person's contract of employment is terminated, or
(ii) the insured person ceases to work in that employment by reason of a circumstance referred to in subsection (2).

(6) A period of leave referred to in subsection 11(3) of the Act does not constitute an interruption of earnings, regardless of the time at which or the manner in which remuneration is paid.
(7) Where an insured person accepts less remunerative work with their employer and as a consequence receives a wage supplement under a provincial law intended to provide indemnity payments where the continuation of a person's work represents a physical danger to them, to their unborn child or to the child they are breast-feeding, an interruption of earnings occurs on the insured person's last day of work before the beginning of the less remunerative work.

SOR/2003-393, s. 1;
SOR/2013-102, s. 4.

Previous Version

14.01 An interruption of earnings of a self-employed person referred to in paragraph 152.07(1)(c) of the Act occurs at the beginning of the week in which the person declares having reduced the time devoted to their business activities by more than 40% of the normal level because the person ceases to work by reason of illness, injury or quarantine, pregnancy, the need to care for a child or children referred to in subsection 152.05(1) of the Act or the need to provide care or support to a family member referred to in subsection 152.06(1) of the Act or to a critically ill child.

SOR/2010-10, s. 7;
SOR/2013-102, s. 5.

Previous Version

Undeclared Earnings Referred to in Subsection 19(3) of the Act

14.1 For the purpose of allocating any earnings that a claimant has failed to declare to a period referred to in paragraph 15(4)(a), (b) or (c), as that paragraph read immediately before August 12, 2001, where the period began before that date and was to have ended, in accordance with that paragraph, on or after that date, the period ends on August 12, 2001.
SOR/2001-291, s. 1.

15 [Repealed, SOR/2001-291, s. 2]

Deductions for Earnings or Allowances While on a Course or Program of Instruction or Training

16 (1) Subject to subsection (2), an amount equal to the total amount of any allowances payable to a claimant for attending a course or program of instruction or training, other than a course or program to which the Commission or an authority designated by the Commission has referred the claimant, shall be deducted from the benefits payable to the claimant in respect of any week of unemployment

(a) during which the claimant is attending the course or program; and
(b) for which the allowances are payable.

(2) The allowances referred to in subsection (1) do not include any amounts paid in respect of dependant care, travel, commuting or a living-away-from-home or disability allowance.

(3) The total amount of the earnings and allowances paid under Part II of the Act shall be deducted from the benefits payable to a claimant in respect of those weeks where the claimant

(a) does not meet the qualifying conditions of section 7 or 7.1 of the Act or of any regulations made under Part VIII of the Act, or is disentitled or disqualified within the meaning of subsection 6(1) of the Act;
(b) is paid earnings or allowances under Part II of the Act for certain weeks for attending a course or program of instruction or is paid earnings from employment for certain weeks of employment under the Job Creation Partnership employment benefit established by the Commission under paragraph 59(d) of the Act; and
(c) subsequently becomes entitled to regular benefits in respect of the same weeks as those for which the amounts under paragraph (b) were paid.

SOR/97-31, s. 9.

Rates of Unemployment

17 (1) The regional rate of unemployment that applies to a claimant is

(a) in the case of regions described in sections 2 to 11 of Schedule I, the average of the seasonally adjusted monthly rates of unemployment for the last three-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate; and

(b) in the case of regions described in sections 12 to 14 of Schedule I, the greater of the average that would arise under subparagraph (i) and the average that would arise under subparagraph (ii):

(i) the average of the seasonally adjusted monthly rates of unemployment for the last three-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate, and
(ii) the average of the seasonally adjusted monthly rates of unemployment for the last 12-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act or, if Statistics Canada does not publish the relevant rate for a region for reasons of confidentiality, the average that Statistics Canada has determined based on the minimum number of unemployed persons required to allow it to publish the rate.

(1.1) The regional rate of unemployment referred to in subsection (1) is

(a) for the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, the rate produced for the region in which the claimant was, during the week referred to in subsection 10(1) of the Act, ordinarily resident; and
(b) for the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, if the claimant was, during the week referred to in subsection 10(1) of the Act, ordinarily resident outside Canada, the rate produced for the region in which the claimant was last employed in insurable employment in Canada.

(2) If a claimant referred to in paragraph (1.1)(a) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.
(3) If a claimant referred to in paragraph (1.1)(b) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.
(4) The seasonally adjusted monthly rate of unemployment referred to in subsection (1) shall be obtained by using the regional rates of unemployment produced by Statistics Canada that incorporate an estimate of the rates of unemployment for status Indians living on Indian reserves.

SOR/2014-160, s. 1.
Previous Version

17.1 (1) The definitions in this subsection apply in this section.

Gaspésie — Îles-de-la-Madeleine
Gaspésie — Îles-de-la-Madeleine means the region described in subsection 3(1) of Schedule I. (région de Gaspésie — Îles-de-la-Madeleine)
Lower St. Lawrence and North Shore
Lower St. Lawrence and North Shore means the region described in subsection 3(11) of Schedule I. (région du Bas Saint-Laurent — Côte Nord)
Madawaska — Charlotte
Madawaska — Charlotte means the region described in subsection 5(2) of Schedule I. (région de Madawaska — Charlotte)
Restigouche — Albert
Restigouche — Albert means the region described in subsection 5(3) of Schedule I. (région de Restigouche — Albert)

(2) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

(a) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

(b) the average of

(i) the regional rate of unemployment for Restigouche — Albert, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rates of unemployment for Restigouche — Albert and Madawaska — Charlotte, as determined in accordance with subsection 17(1).

(3) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

(a) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and

(b) the average of

(i) the regional rate of unemployment for Restigouche — Albert, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rates of unemployment for Restigouche — Albert and Madawaska — Charlotte, as determined in accordance with subsection 17(1).

(4) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

(a) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(b) the average of the regional rates of unemployment for Madawaska — Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).

(5) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is the greater of

(a) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(b) the average of the regional rates of unemployment for Madawaska — Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).

(6) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is

(a) in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of

(i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (4)(b);

(b) in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of

(i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii) the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.15; and

(c) in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of

(i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii) the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.05.

(7) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is

(a) in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of

(i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (5)(b);

(b) in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of

(i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii) the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.15; and

(c) in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of

(i) the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
(ii) the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.05.

(8) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

(b) the average of

(i) the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

(9) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and

(b) the average of

(i) the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

(10) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

(11) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

(a) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(b) the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie — Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

(12) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is

(a) in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of

(i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (10)(b);

(b) in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of

(i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii) the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.15; and

(c) in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of

(i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii) the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.05.

(13) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is

(a) in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of

(i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii) the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (11)(b);

(b) in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of

(i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii) the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.15; and

(c) in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of

(i) the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
(ii) the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.05.

(14) Where a claimant referred to in subsection (2),(4),(6), (8), (10) or (12) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.
(15) Where a claimant referred to in subsection (3),(5),(7), (9), (11) or (13) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.
(16) If, on any day after March 12, 2011, the required number of hours of insurable employment in a claimant’s qualifying period and the number of weeks for which benefits are payable, determined in respect of Madawaska — Charlotte using the regional rate of unemployment as determined in accordance with subsection (6), are exactly the same as if they were determined in respect of the same region using the regional rate of unemployment as determined in accordance with subsection 17(1), subsections (6) and (7) cease to have effect on the Sunday after that day.
(17) If, on any day after March 12, 2011, the required number of hours of insurable employment in a claimant’s qualifying period and the number of weeks for which benefits are payable, determined in respect of Lower St. Lawrence and North Shore using the regional rate of unemployment as determined in accordance with subsection (12), are exactly the same as if they were determined in respect of the same region using the regional rate of unemployment as determined in accordance with subsection 17(1), subsections (12) and (13) cease to have effect on the Sunday after that day.
(18) As soon as possible after the condition referred to in subsection (16) or (17) is satisfied, the Commission must publish a notice in the Canada Gazette that specifies the provisions that cease to have effect. The Commission must also publish the notice on its website.

SOR/2000-355, s. 1;
SOR/2002-154, s. 1;
SOR/2003-336, s. 1;
SOR/2004-145, s. 1;
SOR/2005-144, s. 1;
SOR/2006-240, s. 1;
SOR/2008-257, s. 1;
SOR/2010-81, s. 1.

Previous Version

Regions

18 (1) The regions described in Schedule I are hereby established for the purposes of Parts I and VIII of the Act.
(2) The Commission shall, at least once every five years after the coming into force of subsection (1), review the boundaries of the regions established by that subsection for the purpose of determining if it is appropriate to make changes to those boundaries.

Information Relating to Employment History

Record of Employment

19 (1) In subsections (2) to (4), "employer" includes a bankrupt employer or the trustee of a bankrupt employer.
(2) Every employer shall complete a record of employment, on a form supplied by the Commission, in respect of a person employed by the employer in insurable employment who has an interruption of earnings.

(3) Subject to subsection (4), copies of the record of employment completed in paper form in accordance with subsection (2) shall be distributed by the employer in the following manner:

(a) the employee's copy shall be delivered to the insured person not later than five days after the later of

(i) the first day of the interruption of earnings, and
(ii) the day on which the employer becomes aware of the interruption of earnings;

(b) the Commission's copy shall be sent to the Commission within the time limit set out in paragraph (a); and
(c) the employer's copy shall be kept and retained as a part of the employer's records and books of account in accordance with subsection 87(3) of the Act.

(3.1) The record of employment completed in electronic form in accordance with subsection (2) shall be distributed by the employer in the following manner:

(a) it shall be sent to the Commission not later than the earlier of

(i) five days after the end of the pay period during which the first day of the employee’s interruption of earnings fell, and
(ii) if there are 13 or fewer pay periods per year under the employer’s pay cycle, 15 days after the first day of the interruption of earnings; and

(b) it shall be kept and retained as part of the employer’s records and books of account in accordance with subsection 87(3) of the Act.

(4) Where, for reasons beyond the employer's control, an employer is unable to deliver the employee's copy of the completed record of employment to the insured person within the time limit set out in paragraph (3)(a), the employer shall

(a) where the employer knows the insured person's mailing address, mail the copy to that person; or

(b) where the insured person's mailing address is not known to the employer, retain the copy until whichever of the following first occurs,

(i) the copy is requested by the Commission,
(ii) the copy is requested by the person, or
(iii) 52 weeks have elapsed since the record of employment was completed.

(5) Where an employer has failed to deliver a record of employment to an insured person or to the Commission or the employer is not available or is unable to provide information respecting the record of hours of insurable employment and the insurable earnings of that person because the employer's records are destroyed or lost, the person, on becoming a claimant, may provide, in respect of their hours of insurable employment and insurable earnings, a statement containing evidence of the hours and earnings.
(6) Where a bankrupt employer or the trustee of a bankrupt employer has not provided a record of employment to an insured person or to the Commission, the Commission shall, in respect of that person, determine the number of hours of insurable employment and the amount of insurable earnings for benefit purposes on the basis of the payroll and personnel records of the bankrupt employer provided by the trustee.

SOR/2009-96, s. 1.
Previous Version

Hours of Insurable Employment for Record of Employment

20 The number of hours of insurable employment reported in a record of employment with respect to an insured person shall be determined pursuant to Part I of the Act and any regulations made under that Part.

Insurable Earnings

21 The insurable earnings reported in a record of employment with respect to an insured person shall be determined pursuant to Parts III and IV of the Act and any regulations made under those Parts and allocated in accordance with section 23.

Allocation of Hours of Insurable Employment to the Qualifying Period

22 (1) Where a period of employment falls partially within a claimant's qualifying period, the Commission shall, unless the claimant or employer provides evidence of the number of hours actually worked within the qualifying period

(a) first allocate the total number of hours worked by the claimant proportionately over the whole period of employment if that period is 52 weeks or less, or over the period of employment covered by the record of employment if that period is more than 52 weeks, on the basis that the claimant worked the same number of hours on each of the seven days of each week; and
(b) then allocate the hours, that have been allocated under paragraph (a) to the portion of the period of employment that falls within the qualifying period, proportionately over the corresponding portion of the qualifying period.

(2) Where the allocation referred to in subsection (1) results in a number of hours that contains a fraction of an hour, the fraction shall be counted as a whole hour.

SOR/97-31, s. 10.

Allocation of Insurable Earnings

[SOR/97-31, s. 11]

23 (1) For the purposes of section 14 of the Act, insurable earnings shall be allocated in the following manner:

(a) remuneration, including statutory holiday pay, other than the remuneration referred to in paragraph (b), paid in respect of a pay period shall be allocated in the following manner:

(i) if the remuneration is paid in respect of work performed during the pay period, it shall be allocated to that pay period in proportion to the hours worked during each day of the period,
(ii) if the remuneration is paid in respect of a period of leave, it shall be allocated to that period at the rate at which the period was compensated,
(iii) if the remuneration is paid in respect of a period of leave in the form of a lump-sum payment calculated on a basis other than the length of the period of leave, it shall be allocated proportionately over the whole period;

(b) overtime pay, shift premiums, pay adjustments, retroactive pay increases, bonuses, gratuities, accumulated sick leave credits, incentive payments, cost of living allowances, separation payments, and wages in lieu of notice and vacation pay not paid in respect of a pay period shall be allocated proportionately over the pay period in which they are paid;
(c) any other remuneration not paid in respect of a pay period and not covered by paragraphs (a) and (b) shall be allocated proportionally over the pay period in which it is paid; and
(d) remuneration that remains unpaid for reasons described in subsection 2(2) of the Insurable Earnings and Collection of Premiums Regulations shall be allocated under paragraphs (a) to (c) in the same manner as if it had actually been paid in the normal course of business.

(1.1) Where an insured person is on unpaid leave or has quit their employment or been terminated or laid off, the remuneration referred to in paragraph (1)(b) shall be allocated proportionately over the last pay period for which regular salary, wages or commissions are paid.
(2) Where an insured person is employed in insurable employment on the basis of a contract for a fixed term and their insurable earnings under the contract are not paid on a regular basis, the insurable earnings shall, regardless of the basis on which they are paid, be allocated proportionately over the term of the contract.
(3) Where the remuneration of an insured person consists solely of commissions or of salary and irregularly paid commissions, the person's insurable earnings paid in the period of employment or in the last 52 weeks, whichever is shorter, shall be allocated proportionately over the shorter of the period of employment and the last 52 weeks, as applicable, excluding weeks for which the insured person is on unpaid leave of absence from employment for one of the reasons referred to in subsection 12(3) of the Act.
(4) Where an insured person has insurable earnings to which none of subsections (1) to (3) apply, the insurable earnings paid in the period of employment or in the last 52 weeks, whichever is shorter, shall be allocated proportionately over the shorter of the period of employment and the last 52 weeks, as applicable.
(5) Where the insurable earnings of an insured person for a pay period that is running at the time the insured person is laid off or separated from employment cannot be ascertained with accuracy, the employer may estimate the person's insurable earnings for that period.

SOR/97-31, s. 12;
SOR/97-310, s. 6;
SOR/2002-154, s. 2.

24 If a period of employment for which insurable earnings have been reported on the record of employment falls partially within a week that is included in the claimant’s qualifying period, the Commission shall, unless presented by the claimant or the employer with evidence of the amount of insurable earnings actually earned in the week, allocate the amount of insurable earnings, not including any insurable earnings paid or payable by reason of lay-off or separation from employment, proportionately over that period of employment, on the basis that the claimant earned the same amount of insurable earnings for each of the seven days of each week.

SOR/97-31, s. 13;
SOR/2013-45, s. 3.

Previous Version

24.1 For the purposes of paragraph 14(3)(b) of the Act, the insurable earnings paid or payable to the claimant, during the qualifying period, by reason of lay-off or separation from employment is the lesser of

(a) the actual amount of those earnings, and

(b) the amount calculated in accordance with the following formula:

A x 0.18
where


is the claimant’s insurable earnings during the calculation period — not including those referred to in paragraph (a) — paid or payable for the employment that gave rise to the earnings referred to in that paragraph.

SOR/97-31, s. 13;
SOR/2013-45, s. 3;
SOR/2013-189, s. 1.

Previous Version

24.2 [Repealed, SOR/2013-45, s. 3]
Previous Version

Exclusion of Certain Insurable Earnings in the Calculation of the Rate of Weekly Benefits of a Self-employed Person

24.3 For the purposes of paragraph 152.16(1)(b) of the Act, the following insurable earnings are not taken into account in the calculation of the rate of weekly benefits of a self-employed person:

(a) insurable earnings from any employment that they lost because of their misconduct or that they voluntarily left without just cause within the meaning of paragraphs 29(b.1) and (c) of the Act; and
(b) insurable earnings in the qualifying period earned before the beginning of a prior benefit period established under Part I of the Act or regulations made under Part VIII of the Act for the self-employed person as an insured person.

SOR/2010-10, s. 8.

Week of Benefits

25 (1) For the purposes of subsection 7(4.1) and section 145 of the Act, a claimant is considered to have been paid a week of benefits when the total of the percentages of benefits paid for one or more weeks of unemployment equals 100.
(2) For the purpose of subsection (1), the percentage of benefits paid for a week shall be obtained by dividing the amount of the benefits paid to the claimant for that week by the rate of weekly benefits applicable to that week.

SOR/2001-516, s. 1.

Election to Receive Benefits Payable Under Part I or VII.1 of the Act

25.1 The election referred to in subsection 152.09(1) of the Act shall be made to the Commission in writing.
SOR/2010-10, s. 9.

Claim for Benefits

26 (1) Subject to subsection (2), a claim for benefits for a week of unemployment in a benefit period shall be made by a claimant within three weeks after the week for which benefits are claimed.
(2) Where a claimant has not made a claim for benefits for four or more consecutive weeks, the first claim for benefits after that period for a week of unemployment shall be made within one week after the week for which benefits are claimed.

26.1 (1) The definitions in this subsection apply in this section.

condition of entitlement to benefits
condition of entitlement to benefits means any requirement, circumstance or condition referred to in subsection 49(1) of the Act. (condition d'admissibilité au bénéfice des prestations)
period of eligibility

period of eligibility means

(a) in respect of the benefits referred to in subparagraph (2)(c)(i), one of the following periods, to which is added the waiting period referred to in section 13 of the Act if that period has not already been served:

(i) the period referred to in subsection 22(2) of the Act and any extension of that period,
(ii) the period referred to in subsection 23(2) of the Act,
(iii) the period referred to in subsection 23.1(4) of the Act,
(iv) the period referred to in subsection 23.2(3) or (4) of the Act;

(b) in respect of the benefits referred to in subparagraph (2)(c)(ii), the period during which the claimant attends a course or program, referred to in paragraph 25(1)(a) of the Act, that is an apprenticeship course or an apprenticeship program; and
(c) in respect of the benefits referred to in subparagraph (2)(c)(iii), the period during which the claimant is employed in work-sharing employment referred to in section 24 of the Act. (période d’admissibilité)

(2) Notwithstanding section 26, a claimant is not required to make periodic claims for benefits in accordance with that section where

(a) the claimant makes an initial claim for benefits or a claim in respect of which subsection 26(2) applies;
(b) the claimant's period of eligibility ends after June 26, 1999;

(c) the claimant makes a claim for benefits in respect of every week of unemployment in the claimant's period of eligibility

(i) for a reason set out in paragraph 12(3)(a), (b), (d) or (e) of the Act,
(ii) under section 25 of the Act, to attend an apprenticeship course or an apprenticeship program, or
(iii) under section 24 of the Act, to receive work-sharing benefits, and

(d) the claimant completes a form, provided by the Commission, stating that

(i) to the best of the claimant’s knowledge at the time of completing the form, there are no conditions of entitlement to benefits that will not be met for each week in the period of eligibility, except in respect of earnings that may be deducted under section 19, 22, 23, 23.1 or 23.2 of the Act during that period,
(ii) the claimant will notify the Commission as soon as possible if the claimant ceases to meet a condition of entitlement to benefits at any time during the period of eligibility and failure to meet that condition has the effect of reducing or eliminating any benefits for any week in the period of eligibility, or if the claimant has earnings referred to in subparagraph (i) in respect of that period, and
(iii) the claimant will notify the Commission at the end of the period of eligibility whether or not they have met the conditions of entitlement to benefits for each week in the period of eligibility and whether or not they have declared all earnings that could be deducted under section 19, 22, 23, 23.1 or 23.2 of the Act during that period.

(3) If the Commission becomes aware that the claimant does not meet a condition of entitlement to benefits during the claimant's period of eligibility, this section shall cease to apply in respect of the claimant's claim for benefits as of the date on which the Commission becomes aware of the claimant's failure to meet the condition.

SOR/99-241, s. 1;
SOR/2003-393, s. 2;
SOR/2009-96, s. 2;
SOR/2011-229, s. 1(E);
SOR/2013-102, s. 6.

Previous Version

Persons with Mental Disabilities, Incapacitated Persons and Deceased Persons

27 (1) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission on behalf of a person with mental disabilities or an incapacitated person, the Commission shall authorize payment of the benefits to any person acting on behalf of the person if the person on whose behalf the claim is made meets the requirements of Part I, VII.1 or VIII of the Act.
(2) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefits to the legal representative if the deceased person, at the time of death, met the requirements of Part I, VII.1 or VIII of the Act.
(3) For the purposes of subsection (2), "legal representative" means the executor or administrator of the estate of the deceased person.

(4) Notwithstanding subsection (2), any person entitled to succeed to the property of a deceased person may make a claim for benefits, in accordance with subsections (5) and (6), which benefits are payable to the person where the total value of the estate of the deceased person is not sufficient to warrant obtaining

(a) in the case of an intestate succession, letters of administration; or
(b) in the case of a testate succession, probate of the will of the deceased person.

(5) The claim for benefits referred to in subsection (4) shall be made on a form supplied by the Commission and shall include

(a) a statutory declaration, signed by the applicant, stating that the applicant is a person entitled to succeed to the property of the deceased person; and
(b) an undertaking signed by the applicant to repay to the Receiver General any moneys paid in error to the applicant.

(6) When making a claim for benefits referred to in subsection (4), the applicant shall also submit

(a) a copy of the will of the deceased person, if one exists; and
(b) a release of all claims in respect of the amount payable, signed by all persons other than the applicant, if any, who are entitled to succeed to the property of the deceased person.

SOR/2010-10, s. 10.
Previous Version

Payments in Advance

28 The Commission may pay benefits for a week of unemployment to a claimant in advance of the customary time for paying benefits where

(a) that unemployment arises from the occurrence of a fire, flood, hurricane, epidemic or other natural disaster or act of God at the factory, workshop or other premises or in the area where the claimant is employed;

(b) that week of unemployment is

(i) the week in which Christmas Day falls or the week that precedes the week in which Christmas Day falls, or
(ii) a week during which the claimant is attending a course or program, referred to in paragraph 25(1)(a) of the Act, that is an apprenticeship course or apprenticeship program; or

(c) there is, or is anticipated to be, a disruption of electrical service, electronic processes or telecommunications that will prevent the processing of claims for benefits in the normal manner and in a timely fashion.

SOR/2000-16, s. 1.

Employed Person Working a Full Working Week — Special Cases

[SOR/97-31, s. 14]

29 (1) A claimant is considered to have worked a full working week during each week in the two-week period reported on in the declaration filed when making a claim for benefits where the claimant

(a) is a railway employee;
(b) is remunerated on a mileage basis; and
(c) is remunerated in that two-week period at not less than twice the maximum weekly insurable earnings.

(2) Notwithstanding section 31, a claimant who is employed in farming or horticulture is considered to have worked a full working week during any week in which the claimant works

(a) not less than five days; and
(b) not less than 35 hours in total.

(3) Where, in any week, a claimant does not work on a holiday or, by reason of a holiday, does not work on the working day that immediately precedes or immediately follows that holiday, the claimant shall be regarded as having worked a full working week if, on each of the remaining working days in that week, the claimant works a number of hours at least equal to the number that the claimant would normally work.
(4) Where an insured person is employed under a contract of employment under which the usual remuneration is payable in respect of a period greater than a week, regardless of the amount of work performed in the period, each week that falls wholly in that period is a full working week for the person.

Self-employed Person Working a Full Working Week

30 (1) Subject to subsections (2) and (4), where during any week a claimant is self-employed or engaged in the operation of a business on the claimant's own account or in a partnership or co-adventure, or is employed in any other employment in which the claimant controls their working hours, the claimant is considered to have worked a full working week during that week.
(2) Where a claimant is employed or engaged in the operation of a business as described in subsection (1) to such a minor extent that a person would not normally rely on that employment or engagement as a principal means of livelihood, the claimant is, in respect of that employment or engagement, not regarded as working a full working week.

(3) The circumstances to be considered in determining whether the claimant's employment or engagement in the operation of a business is of the minor extent described in subsection (2) are

(a) the time spent;
(b) the nature and amount of the capital and resources invested;
(c) the financial success or failure of the employment or business;
(d) the continuity of the employment or business;
(e) the nature of the employment or business; and
(f) the claimant's intention and willingness to seek and immediately accept alternate employment.

(4) Where a claimant is employed in farming and subsection (2) does not apply to that employment, the claimant shall not be considered to have worked a full working week at any time during the period that begins with the week in which October 1st falls and ends with the week in which the following March 31 falls, if the claimant proves that during that period

(a) the claimant did not work; or
(b) the claimant was employed to such a minor extent that it would not have prevented the claimant from accepting full-time employment.

(5) For the purposes of this section, self-employed person means an individual who

(a) is or was engaged in a business; or
(b) is employed but does not have insurable employment by reason of paragraph 5(2)(b) of the Act.

SOR/97-31, s. 15;
SOR/2003-43, s. 1(F);
SOR/2010-10, s. 11.

Previous Version

Week of Unemployment — Self-employed Person

30.1 For the purposes of Part VII.1 of the Act, a week of unemployment for a self-employed person is, despite section 30, a week in which the person reduces the time devoted to their business activities by more than 40% of the normal level.
SOR/2010-10, s. 12.

30.2 For the purposes of subsection 152.03(4) of the Act, a self-employed person is deemed to be not working if they are not engaged in

(a) the normal activities of their business; and
(b) the normal activities for the continuation of their business.

SOR/2010-10, s. 12.

Employed Persons Working a Full Working Week

31 (1) A full working week of a claimant, other than a claimant referred to in section 29 or 30, is the number of hours, days or shifts normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.
(2) When the number of hours, days or shifts referred to in subsection (1) is the number that is normally worked by persons in part-time employment and is less than the number of hours, days or shifts normally worked in a calendar week by persons employed in full-time employment in the employment that is closest in nature to the claimant's employment, the claimant is considered to have worked a full working week when the claimant has worked the number of hours, days or shifts that are normally worked by a person in full-time employment.
(3) The full working week of a claimant, other than a claimant referred to in section 29 or 30, who is remunerated on a piece, mileage or other unit rate is the number of days normally worked in a calendar week by persons in the claimant's grade, class or shift at the factory, workshop or other premises at which the claimant is or was employed.

SOR/97-31, s. 16;
SOR/2002-154, s. 3.

Working Day

32 For the purposes of sections 18 and 152.19 of the Act, a working day is any day of the week except Saturday and Sunday.
SOR/2010-10, s. 13.
Previous Version

Additional Conditions and Terms in Relation to Teachers

33 (1) The definitions in this subsection apply in this section.

non-teaching period
non-teaching period means the period that occurs annually at regular or irregular intervals during which no work is performed by a significant number of people employed in teaching. (période de congé)
teaching
teaching means the occupation of teaching in a pre-elementary, an elementary or a secondary school, including a technical or vocational school. (enseignement)

(2) A claimant who was employed in teaching for any part of the claimant’s qualifying period is not entitled to receive benefits, other than those payable under section 22, 23, 23.1 or 23.2 of the Act, for any week of unemployment that falls in any non-teaching period of the claimant unless

(a) the claimant's contract of employment for teaching has terminated;
(b) the claimant's employment in teaching was on a casual or substitute basis; or
(c) the claimant qualifies to receive benefits in respect of employment in an occupation other than teaching.

(3) Where a claimant who was employed in teaching for any part of the claimant's qualifying period qualifies to receive benefits in respect of employment in an occupation other than teaching, the amount of benefits payable for a week of unemployment that falls within any non-teaching period of the claimant shall be limited to the amount that is payable in respect of the employment in that other occupation.

SOR/97-31, s. 17;
SOR/2003-393, s. 3;
SOR/2013-102, s. 7.

Previous Version

Family Supplement — Rate Increase

34 (1) For the purposes of this section, cohabitating spouse or common-law partner has the same meaning as in section 122.6 of the Income Tax Act.
(2) For the purposes of this section, a child tax benefit is deemed to be an overpayment under Subdivision a.1 of Division E of Part I of the Income Tax Act.
(2.1) [Repealed, SOR/99-290, s. 1]
(3) If a claimant establishes, in the manner directed by the Commission under section 16 or 152.17 of the Act, that the claimant or the claimant’s cohabiting spouse or common-law partner is in receipt of a child tax benefit for the month preceding the Sunday of the week in respect of which the claimant makes a claim for benefits, the claimant’s rate of weekly benefits for that week shall be increased by the amount of a family supplement determined in accordance with this section.
(4) The claimant’s rate of weekly benefits for a week shall not be increased under this section if benefits are also payable to the claimant’s cohabiting spouse or common law partner for that week at a rate increased under this section.

(5) The family supplement is the amount determined in accordance with the following table, taking into account the family income and the number and ages of the children for which the claimant or the claimant’s cohabiting spouse or common-law partner receives a child tax benefit:
TABLE

Family Income Range

Number of Children