Employment Insurance Act - Part I - Unemployment Benefits

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Current Version of the Employment Insurance Act

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PART I

UNEMPLOYMENT BENEFITS

Earnings in waiting period

19.  (1) If a claimant has earnings during their waiting period, an amount not exceeding those earnings shall, as prescribed, be deducted from the benefits payable for the first three weeks for which benefits are otherwise payable.

Earnings in periods of unemployment

(2) Subject to subsections (3) and (4), if the claimant has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount, if any, of the earnings that exceeds

  1. $50, if the claimant's rate of weekly benefits is less than $200; or
  2. 25% of the claimant's rate of weekly benefits, if that rate is $200 or more.

Undeclared earnings

(3) If the claimant has failed to declare all or some of their earnings to the Commission for a period, determined under the regulations, for which benefits were claimed,

  1. the following amount shall be deducted from the benefits paid to the claimant for that period:
    1. the amount of the undeclared earnings, if, in the opinion of the Commission, the claimant knowingly failed to declare the earnings, or
    2. in any other case, the amount of the undeclared earnings less the difference between
      1. all amounts determined under paragraph (2)(a) or (b) for the period, and
      2. all amounts that were applied under those paragraphs in respect of the declared earnings for the period; and
  2. the deduction shall be made
    1. from the benefits paid for a number of weeks that begins with the first week for which the earnings were not declared in that period, and
    2. in such a manner that the amount deducted in each consecutive week equals the claimant's benefits paid for that week.

NOTE: Subsection 19(3) became inoperative effective 12 August,2001 [SOR/2001-291,s.2 ]

Earnings and allowances from employment benefits, courses and programs

(4) Earnings from employment under employment benefits and earnings or allowances payable to a claimant for attending a course or program of instruction or training shall not be deducted under this section except in accordance with the regulations.

Deduction for excluded days in waiting period

20. (1) If a claimant is not entitled to receive benefits for a working day in their waiting period, an amount equal to 1/5 of their weekly rate of benefits for each such working day shall be deducted from the benefits payable for the three weeks described in subsection 19(1).

Deduction for excluded days not in waiting period

(2) If a claimant is disentitled from receiving benefits for a working day in a week of unemployment that is not in their waiting period, an amount equal to 1/5 of their weekly rate of benefits for each such working day shall be deducted from the benefits payable for that week.

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