Employment Insurance Act - Part I - Unemployment Benefits

Current Version of the Employment Insurance Act

PART I

UNEMPLOYMENT BENEFITS

Benefit Period

Establishment of benefit period

9. When an insured person who qualifies under section 7 or 7.1 makes an initial claim for benefits, a benefit period shall be established and, once it is established, benefits are payable to the person in accordance with this Part for each week of unemployment that falls in the benefit period.

Beginning of benefit period

10.

(1) A benefit period begins on the later of

1. the Sunday of the week in which the interruption of earnings occurs, and
2. the Sunday of the week in which the initial claim for benefits is made.

Length of benefit period

(2) Except as otherwise provided in subsections (10) to (15) and section 24, the length of a benefit period is 52 weeks, unless

(a)  the number of weeks of benefits set out in the table in Schedule I that applies in respect of a claimant is increased as a result of the application of any of subsections 12(2.1) to (2.4), in which case

(i) in respect of a benefit period established for the claimant on or after January 4, 2009 that has not ended on the day on which this subsection is deemed to have come into force, the length of the claimant’s benefit period is increased by the number of weeks by which the number of weeks of benefits set out in the table in Schedule I that applies in respect of the claimant is increased as a result of the application of any of subsections 12(2.1) to (2.4), and

(ii) in respect of a benefit period established for the claimant during the period that begins on the day on which this subsection is deemed to have come into force and ends on September 11, 2010, if the maximum number of weeks during which benefits may be paid to the claimant under subsection 12(2) is equal to or greater than 51 weeks as a result of the application of any of subsections 12(2.1) to (2.4), the length of the claimant’s benefit period is that maximum number of weeks increased by two weeks; or

(b)  the number of weeks of benefits set out in Schedule 10 to the Budget Implementation Act, 2009 that applies in respect of a claimant is increased as a result of the application of any of sections 3 to 6 of An Act to amend the Employment Insurance Act and to increase benefits, introduced in the second session of the fortieth Parliament as Bill C-50, in which case

(i) in respect of a benefit period established for the claimant on or after January 4, 2009 that has not ended on the day on which this subsection is deemed to have come into force, the length of the claimant’s benefit period is increased by the number of weeks by which the number of weeks of benefits set out in that Schedule 10 that applies in respect of the claimant is increased as a result of the application of any of those sections 3 to 6, and

(ii) in respect of a benefit period established for the claimant during the period that begins on the day on which this subsection is deemed to have come into force and ends on September 11, 2010, if the maximum number of weeks during which benefits may be paid to the claimant under that Schedule 10 is equal to or greater than 51 weeks as a result of the application of any of those sections 3 to 6, the length of the claimant’s benefit period is that maximum number of weeks increased by two weeks.

2009, C.30, SS. 1(1) 

Prior benefit period

(3) Subject to a change or cancellation of a benefit period under this section, a benefit period shall not be established for the claimant if a prior benefit period has not ended.

Late initial claims

(4) An initial claim for benefits made after the day when the claimant was first qualified to make the claim shall be regarded as having been made on an earlier day if the claimant shows that the claimant qualified to receive benefits on the earlier day and that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the initial claim was made.

Other late claims

(5) A claim for benefits, other than an initial claim for benefits, made after the time prescribed for making the claim shall be regarded as having been made on an earlier day if the claimant shows that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the claim was made.

Exception

(5.1) A claim for benefits referred to in section 23.1 with respect to a family member shall not be regarded as having been made on an earlier day under subsection (4) or (5) if

1. at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;
   
2. the beginning of the period referred to in subsection 23.1(4) has already been determined with respect to that family member and the claim would have the effect of moving the beginning of that period to an earlier date; or
   
3. the claim is made in any other circumstances set out in the regulations.

Cancelling benefit period

(6) Once a benefit period has been established for a claimant, the Commission may

1. cancel the benefit period if it has ended and no benefits were paid or payable during the period; or
   
2. whether or not the period has ended, cancel at the request of the claimant that portion of the benefit period immediately before the first week for which benefits were paid or payable, if the claimant
   
   
   1. establishes under this Part, as an insured person, a new benefit period beginning the first week for which benefits were paid or payable, or establishes, under Part VII.1, as a self-employed person within the meaning of 152.01(1), a new benefit period beginning the first week for which benefits were paid or payable, and
      
   2. shows that there was good cause for the delay in making the request throughout the period beginning on the day when benefits were first paid or payable and ending on the day when the request for cancellation was made.

Effect of cancellation

(7) A cancelled benefit period or portion of a benefit period is deemed never to have begun.

End of benefit period

(8) A benefit period ends when any of the following first occurs:

1.   no further benefits are payable to the claimant in their benefit period, including for the reason that benefits have been paid for the maximum number of weeks for which benefits may be paid under section 12;
2. the benefit period would otherwise end under this section; or
3.   [Repealed 2002, c. 9, ss. 12(3)]
4. the claimant
   1. requests that their benefit period end,
   2. makes a new initial claim for benefits, under this part or Part VII.1 and
   3. qualifies, as an insured person, to receive benefits under this Part or qualifies, as a self-employed person within the meaning of subsection 152.01(1), to receive benefits under Part VII.1.

Late requests

(9) Whether or not the benefit period has ended, a request under paragraph 8(d) shall be regarded as having been made on an earlier day if the claimant shows that there was good cause for the delay throughout the period beginning on the earlier day and ending on the day when the request was made.

Extension of benefit period

(10) A claimant's benefit period is extended by the aggregate of any weeks during the benefit period for which the claimant proves, in such manner as the Commission may direct, that the claimant was not entitled to benefits because the claimant was

1. confined in a jail, penitentiary or other similar institution;
2. in receipt of earnings paid because of the complete severance of their relationship with their former employer;
3. in receipt of workers' compensation payments for an illness or injury; or
4. in receipt of payments under a provincial law on the basis of having ceased to work because continuing to work would have resulted in danger to the claimant, her unborn child or a child whom she was breast-feeding.

Further extension of benefit period

(11) A claimant's benefit period is extended by the aggregate of any weeks during an extension of a benefit period under subsection (10) for which the claimant proves, in such manner as the Commission may direct, that the claimant was not entitled to benefits because of a reason specified in that subsection.

Extension of benefit period - children in hospital

(12) If the child or children referred to in subsection 23(1) are hospitalized during the period referred to in subsection 23(2), the benefit period is extended by the number of weeks during which the child or children are hospitalized.

Extension of benefit period - special benefits

(13) If, during a claimant's benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c), the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c).

(13.1) If, during a claimant's benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b), (c) and (d), the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d).

(13.2) If, during a claimant's benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d), the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d).

(13.3) If, during a claimant's benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d), the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of those paragraphs.

Maximum extension under subsections (10) to (13.3)

(14) Subject to subsection (15), no extension under any of subsections (10) to (13.3) may result in a benefit period of more than 104 weeks.

Maximum extension under subsection (13) to (13.3)

(15) Unless the benefit period is also extended under any of subsections (10) to (12), (a) no extension under subsection (13) may result in a benefit period of more than 67 weeks; (b) no extension under subsection (13.1) or (13.2) may result in a benefit period of more than 58 weeks; and (c) no extension under subsection (13.3) may result in a benefit period of more than 73 weeks.

1996, c. 23, s. 10, 2002, c. 9, s. 12, 2003, c. 15, s. 16., 2009, c. 33, s.5 

Week of unemployment

11. (1) A week of unemployment for a claimant is a week in which the claimant does not work a full working week.

Exception — no duties to perform

(2) A week during which a claimant's contract of service continues and in respect of which the claimant receives or will receive their usual remuneration for a full working week is not a week of unemployment, even though the claimant may be excused from performing their normal duties or does not have any duties to perform at that time.

Exception — leave with deferred remuneration

(3) A week or part of a week during a period of leave from employment is not a week of unemployment if the employee

1. takes the period of leave under an agreement with their employer;
2. continues to be an employee of the employer during the period; and
3. receives remuneration that was set aside during a period of work, regardless of when it is paid.

Exception — compensatory leave

(4) An insured person is deemed to have worked a full working week during each week that falls wholly or partly in a period of leave if

1. in each week the insured person regularly works a greater number of hours, days or shifts than are normally worked in a week by persons employed in full-time employment; and
2. the person is entitled to the period of leave under an employment agreement to compensate for the extra time worked.