Employment Insurance Act - Part I - Unemployment Benefits

Current Version of the Employment Insurance Act

PART I

UNEMPLOYMENT BENEFITS

Disqualification — general

27.  (1) A claimant is disqualified from receiving benefits under this Part if, without good cause since the interruption of earnings giving rise to the claim, the claimant

1. has not applied for a suitable employment that is vacant after becoming aware that it is vacant or becoming vacant, or has failed to accept the employment after it has been offered to the claimant;
2. ( has not taken advantage of an opportunity for suitable employment;
3. ( has not carried out a written direction given to the claimant by the Commission with a view to assisting the claimant to find suitable employment, if the direction was reasonable having regard both to the claimant's circumstances and to the usual means of obtaining that employment; or
4. has not attended an interview that the Commission has directed the claimant to attend to enable the Commission or another appropriate agency
   1. to provide information and instruction to help the claimant find employment, or
   2. to identify whether the claimant might be assisted by job training or other employment assistance.

Termination of referral

(1.1) A claimant is disqualified from receiving benefits under this Part if

1. the Commission or an authority that the Commission designates has, with the agreement of the claimant, referred the claimant to a course or program of instruction or training or to any other employment activity for which assistance has been provided under employment benefits; and
2. the Commission has terminated the referral because
   
   1. without good cause, the claimant has not attended or participated in the course, program or employment activity and, in the opinion of the Commission, it is unlikely that the claimant will successfully complete the course, program or employment activity,
   2. without good cause, the claimant has withdrawn from the course, program or employment activity, or
   3. the organization providing the course, program or employment activity has expelled the claimant.

Employment not suitable

(2) For the purposes of this section, employment is not suitable employment for a claimant if

1. it arises in consequence of a stoppage of work attributable to a labour dispute;
2. it is in the claimant's usual occupation either at a lower rate of earnings or on conditions less favourable than those observed by agreement between employers and employees, or in the absence of any such agreement, than those recognized by good employers; or
3. it is not in the claimant's usual occupation and is either at a lower rate of earnings or on conditions less favourable than those that the claimant might reasonably expect to obtain, having regard to the conditions that the claimant usually obtained in the claimant's usual occupation, or would have obtained if the claimant had continued to be so employed.

Reasonable interval

(3) After a lapse of a reasonable interval from the date on which an insured person becomes unemployed, paragraph (2)(c) does not apply to the employment described in that paragraph if it is employment at a rate of earnings not lower and on conditions not less favourable than those observed by agreement between employers and employees or, in the absence of any such agreement, than those recognized by good employers.

1996, c. 23, par.27 (2)(c); 2001, c. 34, s.41 (E)

Duration of disqualification

28. (1) A disqualification under section 27 is for the number of weeks that the Commission may determine, but

1. the number of weeks of a disqualification arising under paragraph 27(1)(a) or (b) shall be not fewer than 7 or more than 12; and
2. the number of weeks of a disqualification arising under paragraph 27(1)(c) or (d) or subsection 27(1.1) shall be not more than 6.

When disqualification is to be served

(2) Subject to subsections (3) to (5), the weeks of disqualification are to be served during the weeks following the waiting period for which benefits would otherwise be payable if the disqualification had not been imposed and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period.

Disqualification to be carried forward

(3) Any portion of the disqualification that has not been served when the claimant's benefit period ends shall, subject to subsections (4) and (5), be served in any benefit period subsequently established within two years after the event giving rise to the disqualification.

Limitation

(4) No weeks of disqualification shall be carried forward against a claimant who has had 700 or more hours of insurable employment since the event giving rise to the disqualification.

Deferral

(5) The Commission shall defer the serving of the disqualification if the claimant is otherwise entitled to special benefits or benefits by virtue of section 25.

Presumption

(6) For the purposes of this Part, benefits are deemed to be paid for the weeks of disqualification.

Exception

(7) Subsection (6) does not apply to prevent a claimant from requesting that a benefit period established for the claimant as a minor attachment claimant be cancelled under subsection 10(6) and that a benefit period be established for the claimant as a major attachment claimant to enable the claimant to receive special benefits.

1996, c. 23, s.28; 2001, c. 5, s.7.

Interpretation

29. For the purposes of sections 30 to 33,

1. "employment" refers to any employment of the claimant within their qualifying period or their benefit period;
2. loss of employment includes a suspension from employment, but does not include loss of, or suspension from, employment on account of membership in, or lawful activity connected with, an association, organization or union of workers;
   1. voluntarily leaving an employment includes
      
      1. the refusal of employment offered as an alternative to an anticipated loss of employment, in which case the voluntary leaving occurs when the loss of employment occurs,
      2. the refusal to resume an employment, in which case the voluntary leaving occurs when the employment is supposed to be resumed, and
      3. the refusal to continue in an employment after the work, undertaking or business of the employer is transferred to another employer, in which case the voluntary leaving occurs when the work, undertaking or business is transferred; and
3. just cause for voluntarily leaving an employment or taking leave from an employment exists if the claimant had no reasonable alternative to leaving or taking leave, having regard to all the circumstances, including any of the following:
   
   1. sexual or other harassment,
   2. obligation to accompany a spouse, common-law partner or dependent child to another residence,
   3. discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act,
   4. working conditions that constitute a danger to health or safety,
   5. obligation to care for a child or a member of the immediate family,
   6. reasonable assurance of another employment in the immediate future,
   7. significant modification of terms and conditions respecting wages or salary,
   8. excessive overtime work or refusal to pay for overtime work,
   9. significant changes in work duties,
   10. antagonism with a supervisor if the claimant is not primarily responsible for the antagonism,
   11. practices of an employer that are contrary to law,
   12. discrimination with regard to employment because of membership in an association, organization or union of workers,
   13. undue pressure by an employer on the claimant to leave their employment, and (xiv) any other reasonable circumstances that are prescribed.

1996, c. 23, s. 29; 2000, c. 12,s.108

Disqualification — misconduct or leaving without just cause

30. (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless

1. the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.1 to qualify to receive benefits; or
2. the claimant is disentitled under sections 31 to 33 in relation to the employment.

Length of disqualification

(2) The disqualification is for each week of the claimant's benefit period following the waiting period and, for greater certainty, the length of the disqualification is not affected by any subsequent loss of employment by the claimant during the benefit period.

Not retroactive

(3) If the event giving rise to the disqualification occurs during a benefit period of the claimant, the disqualification does not include any week in that benefit period before the week in which the event occurs.

Suspension

(4) Notwithstanding subsection (6), the disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.

Restriction on qualifying for benefits

(5) If a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following hours may not be used to qualify under section 7 or 7.1 to receive benefits:

1. hours of insurable employment from that or any other employment before the employment was lost or left; and
2. hours of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1).

Restriction on number of weeks and rate of benefits

(6) No hours of insurable employment in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant's rate of weekly benefits under section 14.

Interpretation

(7) For greater certainty, but subject to paragraph (1)(a), a claimant may be disqualified under subsection (1) even if the claimant's last employment before their claim for benefits was not lost or left as described in that subsection and regardless of whether their claim is an initial claim for benefits.

Disentitlement — suspension for misconduct

31. A claimant who is suspended from their employment because of their misconduct is not entitled to receive benefits until

1. the period of suspension expires;
2. the claimant loses or voluntarily leaves the employment; or
3. the claimant, after the beginning of the period of suspension, accumulates with another employer the number of hours of insurable employment required by section 7 or 7.1 to qualify to receive benefits.

Disentitlement — period of leave without just cause

32. (1) A claimant who voluntarily takes a period of leave from their employment without just cause is not entitled to receive benefits if, before or after the beginning of the period of leave,

1. the period of leave was authorized by the employer; and
2. the claimant and the employer agreed as to the day on which the claimant would resume employment.

Duration of disentitlement

(2) The disentitlement lasts until the claimant

1. resumes the employment;
2. loses or voluntarily leaves the employment; or
3. after the beginning of the period of leave, accumulates with another employer the number of hours of insurable employment required by section 7 or 7.1 to qualify to receive benefits.

Disentitlement — anticipated loss of employment

33. (1) A claimant is not entitled to receive benefits if the claimant loses an employment because of their misconduct or voluntarily leaves without just cause within three weeks before

1. the expiration of a term of employment, in the case of employment for a set term; or
2. the day on which the claimant is to be laid off according to a notice already given by the employer to the claimant.

Duration of disentitlement

(2) The disentitlement lasts until the expiration of the term of employment or the day on which the claimant was to be laid off.

Suspension of disentitlement

34. A disentitlement under sections 31 to 33 is suspended during any week for which the claimant is otherwise entitled to special benefits.

Exception

35. Notwithstanding anything in this Part, no claimant is disqualified or disentitled under sections 30 to 33 from receiving benefits only because the claimant left or refused to accept employment if, by remaining in or accepting the employment, the claimant would lose the right

1. to become or refrain from becoming a member of an association, organization or union of workers; or
2. to continue to be a member and to observe the lawful rules of an association, organization or union of workers.

Labour disputes

36. (1) Subject to the regulations, if a claimant loses an employment, or is unable to resume an employment, because of a work stoppage attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed, the claimant is not entitled to receive benefits until the earlier of

1. the end of the work stoppage, and
2. the day on which the claimant becomes regularly engaged elsewhere in insurable employment.

Regulations

(2) The Commission may, with the approval of the Governor in Council, make regulations for determining the number of days of disentitlement in a week of a claimant who loses a part-time employment or is unable to resume a part-time employment because of the reason mentioned in subsection (1).

Suspension of disentitlement

(3) A disentitlement under this section is suspended during any period for which the claimant

1. establishes that the claimant is otherwise entitled to special benefits or benefits by virtue of section 25; and
2. establishes, in such manner as the Commission may direct, that before the work stoppage, the claimant had anticipated being absent from their employment because of any reason entitling them to those benefits and had begun making arrangements in relation to the absence.

Non-application

(4) This section does not apply if a claimant proves that the claimant is not participating in, financing or directly interested in the labour dispute that caused the stoppage of work.

Separate branches of work

(5) If separate branches of work that are commonly carried on as separate businesses in separate premises are carried on in separate departments on the same premises, each department is, for the purpose of this section, a separate factory or worksho

Prison inmates and persons outside Canada

37. Except as may otherwise be prescribed, a claimant is not entitled to receive benefits for any period during which the claimant

1. is an inmate of a prison or similar institution; or
2. is not in Canada.