HRDC - Employment Insurance Regulations - Part I - Unemployment Benefits

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Current EI (Main) Regulations

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PART I

UNEMPLOYMENT BENEFITS

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

15.

(1) In this section, "employment" has the same meaning as in subsection 35(1).
(2) Subject to subsection (2.1), the earnings that are to be taken into account for the purposes of subsection 19(3) of the Act are wages, salary and commissions from any employment and payments for the performance of services or for the sale or provision of a product or service in the course of employment, and shall not include any lump sum payments not directly attributable to the period of employment referred to in subsection (4) or any payments made by reason of lay-off or separation from employment.
(2.1) For the purposes of subsection (2), the earnings referred to in that subsection shall be determined by applying paragraphs 35(10)(a) to (c) as if the reference to "income" in subsection 35(10) were read as a reference to "earnings".
(3) Where a claimant has failed to declare any earnings referred to in subsection (2), the earnings shall be allocated to the period of employment referred to in subsection (4).
(4) For the purposes of subsection 19(3) of the Act,
- (a) for a claimant who is employed by an employer, the period referred to in that subsection
  - (i) begins on the Sunday of the first week
    - (A) for which benefits are claimed, and
    - (B) during which work is performed for that employer or in respect of which earnings from that employer must be taken into account under subsection (2), and
  - (ii) ends on the earlier of
    - (A) the Saturday before the first week after the week referred to in subparagraph (i) for which no benefits are claimed, and
    - (B) the Saturday before the first week after the week referred to in subparagraph (i) during which no work is performed for that employer and in respect of which no earnings from that employer must be taken into account under subsection (2);
- (b) for a claimant in respect of whom regulations made under Part VIII of the Act apply, the period
  - (i) begins on the Sunday of the first week
    - (A) for which benefits are claimed, and
    - (B) during which the claimant is employed as a fisher, and
  - (ii) ends on the earlier of
    - (A) the Saturday before the first week after the week referred to in subparagraph (i) for which no benefits are claimed, and
    - (B) the Saturday before the week during which the claimant ceases to be employed as a fisher; and
- (c) for a claimant in respect of whom subsection 30(1) applies, regardless of the exemptions provided for by subsections 30(2) and (4), the period begins
  - (i) on the Sunday of the first week
    - (A) for which benefits are claimed, and
    - (B) in which the claimant is self-employed, engaged in the operation of a business or employed in other employment, as described in subsection 30(1), and
  - (ii) ends on the earlier of
    - (A) the Saturday before the first week after the week referred to in subparagraph (i) for which no benefits are claimed, and
    - (B) the Saturday before the week during which the claimant ceases to be self-employed, engaged in the operation of a business or employed in other employment, as the case may be, as described in subsection 30(1).
(5) Where earnings have been declared by a claimant in respect of weeks for which they were not earned, the period referred to in paragraph (4)(a), (b) or (c) includes any week for which earnings were not declared and benefits were claimed. SOR/97-31, s. 8; SOR/2000-18, s. 1.

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