Digest Publications and Amendments

index

January 2012
Section Background Previous Policy
Chapter 13 - Parental Benefits Section 13.1.3 

Chapter 24 - Benefits for the Self-Employed Section 24.15.6 		 The Modification is to clarify when a waiting can be deferred.  Chapter 13 - Parental Benefits Section 13.1.3 

Chapter 24 - Benefits for the Self-Employed Section 24.15.6 
Chapter 13 - Parental Benefits Sections 13.1.2 and 13.1.5 

Chapter 24 - Benefits for the Self-Employed Sections 24.15.3 and 24.15.5 		 Entitlement to EI parental benefits during an adoption process will now be based on whether a claimant has demonstrated a commitment to adopt the child placed with them, as opposed to being based on when the natural parents’ rights terminated or when they consented to the adoption.  Chapter 13 - Parental Benefits Sections 13.1.2 and 13.1.5 

Chapter 24 - Benefits for the Self-Employed Sections 24.15.3 and 24.15.5 


December 2011
Section Background Previous Policy
Chapter 10 - Availability Section 10.11.8 

Chapter 24 - Benefits for the Self-Employed Section 24.10.5 		 This is an update to the policy on Out of Canada based on the Federal Court of Appeal decision A-304-07.  Chapter 10 - Availability Section 10.11.8 

Chapter 24 - Benefits for the Self-Employed Section 24.10.5 
Chapter 5 - Earnings Section 5.16.8.3 - Allocation of Earnings Arising from a Transaction and 5.16.8.4 - Proportional Allocation of Transactional Earnings  To provide a more detailed explanation of amendments to EIR 36(6.1), especially to the impact of its effective date.  Chapter 5 - Earnings - Section 5.16.8.3 - Allocation of Earnings Arising from a Transaction and 5.16.8.4 - Proportional Allocation of Transactional Earnings 


November 2011
Section Background Previous Policy
Chapter 5 - Earnings Section 5.12.13 - Moneys Paid or Payable by Reason of a Lay-off or Separation  Amendments necessary following several requests from Movement Action Chômage in Quebec, to provide clarification of the four (now three) criteria outlined in this section.  Chapter 5 - Earnings - Section 5.12.13 - Moneys Paid or Payable by Reason of a Lay-off or Separation 


January 2011
Section Background Previous Policy
Chapter 18 - Employer Penalties Section 18.6.1.1  Clarify the situation when we impose a penalty to the employer for misrepresented information  Chapter 18 - Employer Penalties Section 18.6.1.1 
 Chapter 12 - Appendix Several sections have been reviewed mainly to include relevant modifications consequent to Bills C-56 Fairness for the Self-Employed and C-13 Fairness for Military Families as well as regulatory amendments on which is based the Revised National Policy on Equivalence Between QPIP and EI benefits. Chapter 12 - Appendix 
Chapter 5 - The Allocation of Earnings -Section 5.6 and Chapter 5 - Earnings from Self-Employment - Section 5.16  January 1st, 2011. Revisions to these chapters were made to reflect regulatory amendments made with respect to the determination of earnings for benefit purposes, as it relates to self-employment in farming (EIR 35) and with respect to allocation of earnings for benefit purposes, as it relates to earnings arising from transactions (EIR 36). Those amendments come into force on January 1st, 2011. Chapter 5 - The Allocation of Earnings - Section 5.6 and Chapter 5 - Earnings from Self-Employment - Section 5.16 


December 2010
Section Background Previous Policy
Chapter 18 - Policy on Penalties  Wording changed in French, the word "déclaration trompeuse" to "acte délictueux", to provide clarity and eliminate potential misinterpretation or ambiguity. N/A


September 2010
Section Background Previous Policy
Chapter 18 sections:Chapter 18 - Section 18.1, Chapter 18 - Section 18.2, Chapter 18 - Section18.5, Chapter 18 - Section18.8, Chapter 18 - Section18.10, Chapter 18 - Section18.11, 18.12 Revisions to these sections were made based on the National Policy - Violations as per persuant to cases of misrepresentations in light of the Federal Court of Appeal (FCA) decision (Gill, A-483-09) related to the issuance of violation. N/A


July 2010
Section Background Previous Policy
Chapter 5 - Section 5.12.3 The 3rd paragraph under heading 5.12.3 was removed because it would not be possible for a claimant to prove that severance pay was not "payable", based solely on the fact that they made a personal decision to waive their rights to separation pay in order to benefit from an enhanced pension. Therefore, the information contained in this paragraph is incorrect. Chapter 5 - Section 5.12.3
Chapter 18 - Section18.7.4 Rewritten to clarify application of the Penalty Policy and related jurisprudence, in relation to third party penalties. 18.7.4


November 2009
Section Background Previous Policy
Chapter 13 - Section 13.1.2 Additions made to address situations of temporary and permanent custody. N/A
Chapter 18 - all the section various formatting and editing corrections N/A
Chapter 18 - Section 18.6
  • Clarification of the correct application of EIA 39(2) and 39(4) under policy
  • Clarification regarding the non-application of EIA 39(5)
  • Clarification of when to penalize both the corporation and an agent of the corporation versus just the agent
  • Clarification regarding no write off for overpayments arising in respect of voluntary disclosure.
 Chapter 18 - Section 18.6
Chapter 6 - Voluntarily Leaving Employment The chapter has been rewritten in its entirety to include new entitlement principles based on recent jurisprudence. Clarification and modifications have been made in certain sections to answer issues raised by the regions and during Appeals recourses. The chapter has also been restructured to facilitate the adjudication of voluntary leaving. Chapter 6 - Voluntarily Leaving Employment


June 2009
Section Background Previous Policy
Chapter 10 - Section 10.11.1 Wording changed in French, in relation to length of absence, to provide clarity and eliminate potential misinterpretation or ambiguity. N/A


January 2009
Section Background Previous Policy
Chapter 18 Rewritten in its entirety to incorporate and clarify application of the Penalty Policy and related jurisprudence, as well as expand information about employer and third party penalties. Chapter 18


September 2008
Section Background Previous Policy
Chapter 13 - Section 13.1.2 Changes made to include situations where a claimant may not be the biological or adoptive parent, but is recognized as the child's other legal parent, or legal guardian. Chapter 13 - Section 13.1.2


July 2008
Section Background Previous Policy
Chapter 23 - Section 23.2.1 Expands the definition of "family members" to include siblings, grandparents, grandchildren, in-laws, aunts, uncles, nieces, nephews, foster parents, guardians and wards. Chapter 23 - Section 23.2.1
Chapter 1 - Section 1.9.7 Repayment of Benefits The dollar amount of the treshold has been removed. N/A


June 2008
Section Background Previous Policy
Chapter 14 - Section 14.2.3 The word "and" is used to stress that both conditions listed must exist before a person is subject to disentitlement Chapter 14 - Section 14.2.3
Chapter 14 - Section 14.3.0 More specific clarification of when regulation 33 applies to a claimant. Disentitlement and relief conditions have simply been stated with brief details about when a teaching contract is in place. The text has been amended to lead into subsequent sections that expand on each exempting condition. Chapter 14 - Section 14.3.0
Chapter 14 - Section14.3.1 This section was amended to more clearly define at what point in the process a teacher is considered to be under contract. It also provides examples of factors that can be considered when determining whether or not there continuity of employment from one contract to another. Chapter 14 - Section 14.3.1
Chapter 14 - Section 14.3.2 The definitions of "casual" and "substitute" were more clearly defined as they relate to the term provided by the employer or under the collective agreement versus for the purpose of applying paragraph 33(2)(b) of the Regulations. The interpretation of this paragraph was also clarified based on a recent Federal Court of appeal decision (Blanchet). Chapter 14 - Section 14.3.2
Chapter 14 - Section Annex 2 A chart has been created that is specific to scenarios that apply to teachers who may have held casual or substitute teaching in their qualifying period. This chart will assist agents in determining entitlement to benefits based on which scenario applies to individual claimant. N/A


July 2007
Section Background Previous Policy
Chapter 3 - Section 3.4.3.1
Appendix to Chapter 12		 This section has been amended to outline that the specific principle of equivalence established pursuant to the implementation of the Quebec Parental Insurance Plan can also be used for the purpose of EIR 93(5) in order to determine if an insured person qualifies to receive benefits under EIA 7. N/A


June 2007
Section Background Previous Policy
5.12.6 Amended to reflect that allocation of severance pay under EIR
36(9) commences with the “week” of the lay-off or separation and not the “date.”		 N/A
Chapter 5 - Section 5.12.6.1 Clarifies the issue to be determined and reflects that to allocate severance pay to the expiry or surrender of recall rights, there must be some possibility of recall; however slight. Recall rights which are virtually non-existent do not meet this requirement. N/A


December 2006
Section Background Previous Policy
Chapter 1 - Section 1.1.3 Reference to Minister of Canada Customs and Revenue Agency has been changed to Minister of National Revenue. N/A
Chapter 4 - Section 4.6.8.1 Reference to Revenue Canada has been changed to Canada Revenue Agency. N/A
Chapter 1 - Section 1.1.2
Chapter 2 - Section 2.2.1
Chapter 5 - Section 5.13.1.1
Chapter 5 - Section 5.13.9.2
Chapter 5 - Section 5.13.11
Chapter 5 - Section 5.13.11.1
Chapter 5 - Section 5.13.11.2
Chapter 20 - Section 20.6.0
Chapter 20 - Section 20.6.6		 Reference to Canada Customs and Revenue Agency has been changed to Canada Revenue Agency. N/A


November 2006
Section Background Previous Policy
Chapter 8 - Section 8.10.2
Chapter 10 - Section 10.2.0
Chapter 10 - Section 10.2.2
Chapter 10 - Section 10.2.5
Chapter 10 - Section 10.11.0
Chapter 10 - Section 10.11.1		 In order that the text of the French version corresponds with the English version,   the reference to « CRHC» has been changed to «Commission» N/A
Chapter 8 - Section 8.11.0
Chapter 10 - Section 10.1.1		 In order that the text of the English version corresponds with the French version the reference to “HRCC” has been changed to “Commission” N/A
Chapter 1 - Section 1.1.3 Reference to “Human Resource Centres Canada (HRCC)” has been changed to “Service Canada Centres.” N/A
Chapter 1 - Section 1.6.3 Reference to “HRCC” has been changed to “Commission” N/A
Chapter 3 - Section 3.3.6
Chapter 8 - Section 8.3.3
Chapter 17 - Section 17.5.1		 Reference to “HRCC” has been changed to “Service Canada Centre” N/A
Chapter 8 - Section 8.1.7 Reference to “Service Canada Centre” has been changed to “Commission” N/A
Chapter 6 - Section 6.2.4
Chapter 6 - Section 6.3.2 
Chapter 7 - Section 7.2.1 
Chapter 7 - Section 7.3.2.3 		 These sections have been amended to more specifically address the situation of Violence against Women originating from the spouse or other intimate partner that may go on up to the workplace and result in voluntarily leaving employment or presumed misconduct. Chapter 6 - Section 6.2.4
Chapter 6 - Section 6.3.2 
Chapter 7 - Section 7.2.1 
Chapter 7 - Section 7.3.2.3 


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October 2006
Section Background Previous Policy
Chapter 23 - Section 23.3.1 This section has been amended to specify that the implementation of the Quebec Parental Insurance Plan on January 1, 2006, has brought among other rules a new principle of equivalence for the purpose of the EI program.

According to a specific regulatory provision, each week of provincial benefits such as QPIP benefits is considered as a week for which benefits are paid under the EI and is taken into consideration in calculating the overall maximum number of weeks of EI maternity or parental benefits to be paid per benefit period and the maximum number of weeks of EI benefits to be paid regarding a birth or an adoption.		 Chapter 23 - Section 23.3.1
Chapter 15 - Section 15.3.1
Chapter 15 - Section 15.7.1		 Deleted references to the situations where the birth or placement for adoption of a child or the first day of incapacity is prior to December 31, 2000. Chapter 15 - Section 15.3.1
Chapter 15 - Section 15.7.1
Chapter 15 - Section 15.4.0 Reference to Chapter 23 Compassionate Care Benefits, was added to footnote 2. N/A
Chapter 15 - Section 15.7.0 This section has been amended to include the compassionate care benefits as special benefits and to specify that :

when regular benefits were not paid, fishers are entitled to receive special benefits to a maximum of 56, 65 or 71 weeks depending on the types of special benefits combined in a benefit period; the new rules put in place pursuant to the implementation of the Quebec Parental Insurance Plan on January 1, 2006, also apply to fishing claims.

the new rules put in place pursuant to the implementation of the Quebec Parental Insurance Plan on January 1, 2006, also apply to fishing claims.		 Chapter 15 - Section 15.7.0
Chapter 15 - Section 15.7.1 References to compassionate care benefits have been included as well as the requirements of increased insured hours when a violation had been assessed on a previous claim. Chapter 15 - Section 15.7.1
Chapter 14 - Section 14.4.0 This section has been amended to specify that the new rules in force since January 1, 2006, as a result of the implementation of the Quebec Parental Insurance Plan also apply in context; they specify, among other things, that a person who is entitled under a provincial plan to receive benefits in respect of a birth or an adoption is generally disentitled from receiving EI maternity or parental benefits. Chapter 14 - Section 14.4.0
Chapter 11 - Section 11.1.2 This section has been amended to add the requirements of increased insured hours when a violation had been assessed on a previous claim. Chapter 11 - Section 11.1.2
Chapter 11 - Section 11.5.1 Deleted reference to combined special benefits and the individual limits, as two new sections, 11.5.2 and 11.5.3 were added covering the issues.The reference to a period of incapacity prior to December 31, 2000 was also removed. Chapter 11 - Section 11.5.1
Chapter 11 - Section 11.5.2 This new section has been added to clarify that sickness and compassionate care benefits are part of special benefits which have specific requirements for payment.  New Section
Chapter 11 - Section 11.5.3 This new section has been added to indicate the possible combination of weeks of special benefits payable as well as limits to the number of weeks payable.  New Section
Chapter 8 - Section 8.10.1  This section has been amended to specify that the disentitlement imposed as a result of a labour dispute could not be suspended in the case of a woman who, during the work stoppage, is entitled to receive benefits from the Quebec Parental Insurance Plan; as a general rule, this woman cannot otherwise prove that she is entitled to EI maternity or parental benefits. Chapter 8 - Section 8.10.1 
Chapter 8 - Section 8.1.7
Chapter 8 - Section 8.10.1		 This section has been amended to add compassionate care benefits as special benefits. Chapter 8 - Section 8.1.7
Chapter 8 - Section 8.10.1
Chapter 8 - Section 8.10.3 This section has been amended to indicate what proof is acceptable to avoid disentitlement when leave for compassionate care benefits was arranged with the employer before the labour dispute occurred. Chapter 8 - Section 8.10.3
Chapter 2 - Section 2.3.1
Chapter 4 - Section 4.6.10
Chapter 6 - Section 6.6.0
Chapter 6 - Section 6.6.3 		 Amended to add compassionate care benefits as special benefits. Chapter 2 - Section 2.3.1
Chapter 4 - Section 4.6.10
Chapter 6 - Section 6.6.0
Chapter 6 - Section 6.6.3 
Chapter 4 - Section 4.1.1
 Compassionate Care legislative reference added to footnote 1. Chapter 4 - Section 4.1.1


September 2006
Section Background Previous Policy
Chapter 1 - Section 1.1.1
Chapter 1 - Section 1.2.3
Chapter 1 - Section 1.2.7
Chapter 1 - Section 1.3.3
Chapter 1 - Section 1.4.5
Chapter 1 - Section 1.5.0
Chapter 1 - Section 1.8.1
Chapter 1 - Section 1.9.2
Chapter 1 - Section 1.9.6 		 These sections have been amended to include some of the new rules respecting the payment of benefits relating to the birth or adoption of a child pursuant to the implementation of the Quebec Parental Insurance Plan as of January 1, 2006. These new rules have been included as an Annex to Chapter 12 for ease of reference. Chapter 1 - Section 1.1.1
Chapter 1 - Section 1.2.3
Chapter 1 - Section 1.2.7
Chapter 1 - Section 1.3.3
Chapter 1 - Section 1.4.5
Chapter 1 - Section 1.5.0
Chapter 1 - Section 1.8.1
Chapter 1 - Section 1.9.2
Chapter 1 - Section 1.9.6 
Chapter 1 - Section 1.1.5
Chapter 1 - Section 1.2.4
Chapter 1 - Section 1.2.10
Chapter 1 - Section 1.4.2
Chapter 1 - Section 1.4.5
Chapter 1 - Section 1.6.2 		 These sections have been amended to add compassionate care benefits as special benefits. Chapter 1 - Section 1.1.5
Chapter 1 - Section 1.2.4
Chapter 1 - Section 1.2.10
Chapter 1 - Section 1.4.2
Chapter 1 - Section 1.4.5
Chapter 1 - Section 1.6.2 
Chapter 1 - Section 1.7.2 This section has been amended to include two additional situations that result in a disentitlement for being not entitled to compassionate care benefits and for having received or being entitled to receive provincial benefits in respect of the birth or the adoption of a child under a provincial plan such as the Quebec Parental Insurance Plan. Chapter 1 - Section 1.7.2
Chapter 1 - Section 1.9.8 This section has been amended to specify that :

the allowable earning provision also applies to compassionate care benefits;

under a regulatory provision made on January 1, 2006, in the context of the implementation of the Quebec Parental Insurance Plan, the EI maternity or parental benefits that may be paid in respect of any week for which a person has received or is entitled to receive benefits from the provincial plan are reduced by an amount equal to those provincial benefits in addition to any other deduction provided for.		 Chapter 1 - Section 1.9.8
Chapter 1 - Section 1.4.3 This section remained the same except for the reference that was removed to the situations where the birth or placement for adoption of a child or the first day of incapacity is prior to December 31, 2000. Chapter 1 - Section 1.4.3
Chapter 1 - Section 1.2.4 This section has been amended to add the requirement of increased insured hours when a violation had been assessed on a previous claim. Chapter 1 - Section 1.2.4
Chapter 1 - Section 1.5.0 This section has been amended to specify the rules in respect with additional extensions of the benefit period when special benefits are paid or when parental benefits are claimed and the child or children are hospitalized. Chapter 1 - Section 1.5.0
Chapter 1 - Section 1.5.8 This new section has been added to specify the rules with respect to extension of the benefit period when combined special benefits are claimed. N/A
Chapter 1 - Section 1.8.1
Chapter 1 - Section 1.8.2		 These sections have been amended to include the rules respecting the waiting period when the compassionate care benefits are requested. Chapter 1 - Section 1.8.1
Chapter 1 - Section 1.8.2
Chapter 1 - Section 1.9.1 This section has been amended to include the compassionate care benefits in the benefits for which the claimant may opt out of completing claimant's report. Chapter 1 - Section 1.9.1
Chapter 1 - Section 1.9.7 This section has been amended to include that compassionate care benefits are exempt from the repayment provisions for taxation purposes. The reference to taxation years 1997 to 1999 was removed. Chapter 1 - Section 1.9.7
Chapter 1 - Section 1.9.11 This section has been amended to clarify extension of the benefit period when claimants are participating in work sharing, job creation, approved training or self employment agreement. The outlines have been updated to reflect the current legislation. Chapter 1 - Section 1.9.11
Chapter 13  Chapter 13 has been amended and a new appendix has been added to Chapter 12 to define the new rules respecting the payment of benefits relating to the birth or adoption of a child pursuant to the implementation of the Quebec Parental Insurance Plan as of January 1, 2006.    Chapter 13
Chapter 13 - Section 13.1.2
Chapter 13 - Section 13.1.8
Chapter 13 - Section 13.2.0
Chapter 13 - Section 13.3.1		 References to compassionate care benefits have been included as well as the requirements of increased insured hours when a violation had been assessed on a previous claim.  Chapter 13 - Section 13.1.2
Chapter 13 - Section 13.1.8
Chapter 13 - Section 13.2.0
Chapter 13 - Section 13.3.1 
Chapter 13 - Section 13.1.6 This section has been amended to explain the extension for the parental window when a child is hospitalized. Chapter 13 - Section 13.1.6
Chapter 12
Chapter 12 - Appendix 		 Chapter 12 has been amended and a new appendix has been added to define the new rules respecting the payment of benefits relating to the birth or adoption of a child pursuant to the implementation of the Quebec Parental Insurance Plan as of January 1, 2006. Chapter 12
N/A
Chapter 12 - Section 12.1.2 This section has been amended to add the requirements of increased insured hours when a violation had been assessed on a previous claim. Chapter 12 - Section 12.1.2 
Chapter 1
Chapter 16 - Section 16.1.0 Chapter 3 - Section 3.3.4 Chapter 19 - Section 19.1.1 		 Reference to “Human Resources Development Canada (HRDC)” has been changed to “Human Resources and Social Development Canada (HRSDC).” N/A
Chapter 1 - Section 1.4.4 Reference to “HRSD” has been changed to “HRSDC” N/A


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June 2006
Section Background Previous Policy
Chapter 23   In order to have consistency in all our documents the French terminology used for Compassionate Care Benefits has been changed from «Prestations de soignant» to read to «Prestations de compassion». N/A


April 2006
Section Background Previous Policy
Chapter 1 - Section 1.4.4 Jurisprudence added in support of the fact that the decision to terminate a benefit period is irrevocable once the claimant has been advised of the advantages and disadvantages involved in the decision. Chapter 1 - Section 1.4.4
Chapter 5 - Section 5.13.13 Requalifier Exemption for Pension Earnings

Text now mentions that insured hours accumulated during period that pension bridging benefits are paid or payable count towards the pension requalifier exemption. Section also reorganized for clarity purposes.		 Chapter 5 - Section 5.13.13
Chapter 5 - Section 5.13.5.2 Pension Bridging Benefits

The policy on Pension bridging benefits has been amended to remove the requirement that bridging benefits be paid along with a pension in order to be allocated in the same manner as a pension.

Under the new policy bridging benefits paid out of general company revenue can be considered a pension bridging benefit if  three conditions are met.		 Chapter 5 - Section 5.13.5.2
Chapter 5 - Section 5.12.13 This section was added to address the question of amounts paid in exchange for the relinquishment of the right to be reinstated following the Federal Court decision (Meechan A-140-03). New Section
Chapter 5 - Section 5.12.0
Chapter 5 - Section 5.12.2
Chapter 5 - Section 5.12.11
Chapter 5 - Section 5.12.11.3		 Reference to the Meechan  decision on the relinquishment of    reinstatment rights was also added to sections 5.12.0, 5.12.2, 5.12.11 and 5.12.11.3 Chapter 5 - Section 5.12.0
Chapter 5 - Section 5.12.2
Chapter 5 - Section 5.12.11
Chapter 5 - Section 5.12.11.3


February 2006
Section Background Previous Policy
Chapter 6 - Section 6.5.3 Lay-off and non-exercise of seniority rights- Employers and representatives of their employees occasionally reach agreements whereby employees temporarily relinquish their seniority rights during lay-offs.

If an agreement is reached with the conditions described herein, we can conclude that it is a lay-off.		 New Section
Chapter 6 - Section 6.5.2 Policy based on Federal Court of appeal decisions Leung A-328-03 and Genarelli A-346-03. Courts established that when a claimant works concurrently in part-time and full-time employment and leaves the part-time employment with the expectation that the full-time employment will continue, then the VL from the part-time employment is with just cause. This is so even if the full-time employment ends unexpectedly after the decision to leave the part-time work has been made. It is the expectation that the full-time employment would continue that was the important consideration for the Court. New Section


January 2006
Section Background Previous Policy
Chapter 23 New  Chapter on principles surrounding Compassionate Care Benefits. New Chapter
Chapter 14 - Section 14.2.0
Chapter 14 - Section 14.3.0
Chapter 14 - Section 14.3.1
Chapter 14 - Section 14.3.2
Chapter 14 - Section 14.3.3		 Amendments were made to these sections of the Chapter to clarify the notion that if a teacher is under a contract in teaching, benefits are not payable - other than maternity, parental or compassionate care benefits - for any non-teaching period   – unless the teacher qualifies for benefits using employment other than teaching. Chapter 14 - Section 14.2.0
Chapter 14 - Section 14.3.0
Chapter 14 - Section 14.3.1
Chapter 14 - Section 14.3.2
Chapter 14 - Section 14.3.3
Chapter 14 - Section 14.2.3 The section - Who is subject to the disentitlement -is new and was added for clarity purposes. New Section
Chapter 14 - Annex 1  A correction was made to the Annex. An error had been identified in the 7th situation. Previous contract 12 months and signed new contract BEFORE end of contract. Chapter 14 - Annex 1


October 2005
Section Background Previous Policy
Chapter 18 The National Policy on false or misleading statements made knowingly has been modified in June 2005.  The new policy has been included as an Annex to Chapter 18 for ease of reference. The following sections of Chapter 18 have been amended: 18.1.2, 18.4.0, 18.4.1, 18.5.0, 18.5.1, 18.5.2, 18.5.2.1, 18.5.2.3 and 18.6.0. Chapter 18


June 2005
Section Background Previous Policy
Chapter 14 The chapter has been rewritten in its entirety. It does not contain any new guidelines but incorporates all the national memos issued on the subject since year 2000. Chapter 14
Chapter 5 - Section 5.5.2 Changes made as per CUB 60638 (M. Wiebe). See also 5.5.2.2 below.

Section reorganized in order to make a clear distinction between approved SUB plan and the others (maternity, parental, compassion; EIR 38).

Text now mentions compassionnate care benefits.		 Chapter 5 - Section 5.5.2
Chapter 5 - Section 5.5.2.2 Changes made as per CUB 60638, M. Wiebe. CUB goes against the current interpretation. SUB plans under section 38 EIR for maternity, parental or compassionate care benefits is not earnings even if it comes from a person other than the employer. Furthermore, only the amount exceeding the total of SUB plus EI benefits is earnings (before this new interpretation, this total was completely deducted).

Text now mentions compassionnate care benefits.		 Chapter 5 - Section 5.5.2.2
Chapter 5 - Section 5.7.2.4 Section reorganized in order to make a clear distinction between approved SUB plan and the others (maternity, parental, compassion; EIR 38).

Text now mentions compassionnate care benefits		 Chapter 5 - Section 5.7.2.4
Chapter 5 - Section 5.6.3 Modification to the policy to allow for a variance in the determination of the normal weekly earnings used in the allocation of earnings arising out of an employment. Chapter 5 - Section 5.6.3


April 2005
Section Background Previous Policy
Chapter 10 - Section 10.11.8.0 Confirms the current interpretation that reasons and periods set out in 55(1) EIR for being outside Canada cannot be combined.  Jurisprudential reference added.  All the information has been reorganized. Chapter 10 - Section 10.11.8


May 2004
Section Background Previous Policy
Chapter 1 - Section 1.2.2 The consideration of "stand-by hours" is added. Chapter 1 - Section 1.2.2
Chapter 4 - Section 4.4.8 A new section is added regarding the "stand-by hours".  New Section
Chapter 5 - Section 5.7.1 The consideration of "stand-by hours" is added. 5.7.1


February 2004
Section Background Previous Policy
Chapter 1 - Section 1.3.2
Chapter 1 - Section 1.3.4
Chapter 1 - Section 1.3.5
Chapter 1 - Section 1.3.6
Chapter 1 - Section 1.3.7 		 Amendments made to guidance to clarify that attachment to the labour market is not a specific requirement for an extension of the qualifying period and that an extension can be allowed if one of the conditions exist regardless of whether the claimant would have otherwise been available for work or employed during that period. Chapter 1 - Section 1.3.2
Chapter 1 - Section 1.3.4
Chapter 1 - Section 1.3.5
Chapter 1 - Section 1.3.6
Chapter 1 - Section 1.3.7
Chapter 2 - Section 2.1.3
Chapter 2 - Section 2.2.2		 The text was modified in order to clarify that the benefit period cannot be established when the facts on file are clear that the claimant has not had an interruption of earnings and the claim has not been finalized yet. Section 4.1.2.3 of the Benefit Manual will be modified accordingly. Chapter 2 - Section 2.1.3
Chapter 2 - Section 2.2.2
Chapter 5 - Section 5.16.2 5 th paragraph – 2nd sentence: The French expression « ont valeur de remuneration ». was amended to read  « n’a pas valeur de rémunération ». Chapter 5 - Section 5.16.2


November 2003
Section Background Previous Policy
Chapter 1 - Section 1.1.1 The fifth paragraph was modified to clarify the definition of common-law partner which was added to the Act as a result of the coming into force of the Modernization of Benefits and Obligations Act. Chapter 1 - Section 1.1.1
Chapter 13 - Section 13.3.6 In order to harmonize the text of the French version with the English version   the French expression « travailler à l’extérieur » was amended to read  « toute autre activité d’emploi ».  Chapter 13 - Section 13.3.6
Chapter 18 - Section 18.5.2 Section 77 of the Regulation related to the Pilot Project has been changed by the Section 26.1 of the Regulation. Chapter 18 - Section 18.5.2


October 2003
Section Background Previous Policy
Chapter 3 - Section 3.1.1 This section was changed to reflect the changes in the interpretation of when the administrative rule commences for fishing employment and renewal and subsequent claims, which was contained in our Administrative Policy memorandum forwarded to the regions on June 3, 2000. Chapter 3 - Section 3.1.1
Chapter 3 - Section 3.2.0 In order to harmonize the text of the French version with the English version the expression « établir son admissibilité » was amended to read « établir une période de prestations ». Chapter 3 - Section 3.2.0
Chapter 17 - Section 17.3.2 Pursuant to Section 41 of the Act, the Commission may rescind or reduce a penalty imposed under Section 39 of the Act. Therefore, the appeal process is not the employer’s only recourse to request a change to the decision. Chapter 17 - Section 17.3.2
Chapter 18 - Section 18.5.4 Clarification of the time limitation in relation to prosecution. Chapter 18 - Section 18.5.4


September 2003
Section Background Previous Policy
Chapter 5 - Section 5.5.2.1 This section was changed to be in accordance with the regulatory amendment of regulations 37 (2) (d) and 38(a) in cases of dual employment. Chapter 5 - Section 5.5.2.1
Chapter 5 - Section 5.5.2.2 This section was changed to be in accordance with the regulatory amendment of regulations 37 (2) (d) and 38(a) in cases of dual employment. Chapter 5 - Section 5.5.2.2
Chapter 5 - Section 5.7.2.2 This section was changed to be in accordance with the regulatory amendment of regulations 37 (2) (d) and 38(a) in cases of dual employment. Chapter 5 - Section 5.7.2.2
Chapter 5 - Section 5.11.7 This section was changed to be in accordance with the regulatory amendment of regulations 37 (2) (d) and 38(a) in cases of dual employment. Chapter 5 - Section 5.11.7
Chapter 10 - Section 10.10.8 The term “Employment Authorization” was changed to “work permit”. Chapter 10 - Section 10.10.8


July 2003
Section Background Previous Policy
Chapter 1 - Section 1.1.1 Bill C-23 - Modernization of Benefits and Obligations Act has amended the term "spouse". A new paragraph which provides the new definition of the term "spouse" has been inserted after the 4th paragraph. Chapter 1 - Section 1.1.1
Chapter 1 - Section 1.8.1 The text was modified in order to clarify that the receipt of paid sick leave to allow the waiver of the WP is not limited to only one employer when the person works for several employers at the same time. Chapter 1 - Section 1.8.1
Chapter 2 - Section 2.3.4 Footnote added in the second paragraph. Chapter 2 - Section 2.3.4
Chapter 12 - Section 12.1.3 The text was modified in order to clarify that the receipt of paid sick leave to allow the waiver of the WP is not limited to only one employer when the person works for several employers at the same time. Chapter 12 - Section 12.1.3
Chapter 13 - Section 13.1.3 The text was modified in order to clarify that the receipt of paid sick leave to allow the waiver of the WP is not limited to only one employer when the person works for several employers at the same time. Chapter 13 - Section 13.1.3


June 2003
Section Background Previous Policy
Chapter 1 - Section 1.2.7 The dates included in section "m" of the exception list were changed. Chapter 1 - Section 1.2.7
Chapter 1 - Section 1.6.6 Last sentence of the last paragraph was modified to reflect the application of an indefinite disqualification. Chapter 1 - Section 1.6.6
Chapter 5 - Section 5.6.1.2 The 5th paragraph was changed to reflect that it is not "only" an employer that has filed for bankruptcy but an employer that is experiencing financial difficulties. Chapter 5 - Section 5.6.1.2
Chapter 5 - Section 5.12.2.1 The last sentence of the third paragraph was added to reflect that the extra costs to maintain two residences while attending a course are considered as an expense associated with the taking of a course and as such would be exempt from being considered as earnings paid by reason of a lay-off or separation. A new paragraph (# 7) was added following the Federal Court decision: M. Radigan (A-567-99, CUB 42598A). Chapter 5 - Section 5.12.2.1
Chapter 5 - Section 5.12.4 Last sentence of the last paragraph was changed to reflect the fact that if the payment is only delayed because of administrative reasons, such as the timing of payroll runs, the earnings are still payable and would be allocated immediately, even if the actual payment has not yet been made. Chapter 5 - Section 5.12.4
Chapter 18 - Section 18.1.2 Footnote # 2 added Chapter 18 - Section 18.1.2
Chapter 17 - Section 17.5.1 This section was changed to be in accordance with the policy position of the appeals Directorate on the Reconsideration (August 2002). Chapter 17 - Section 17.5.1


May 2003
Section Background Previous Policy
Chapter 1 - Section 1.5.7 The fourth paragraph of Chapter 1.5.7 of the Digest was incorrect and was removed. The proper application of the waiting period, when there is an allocation of earnings, is described in chapter 1.8.2 of the Digest. Chapter 1 - Section 1.5.7

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