Employment Insurance Act - Part I - Unemployment Benefits

Current Version of the Employment Insurance Act

PART I

UNEMPLOYMENT BENEFITS

Illness, etc. — minor attachment claimants

21.  (1) A minor attachment claimant who ceases work because of illness, injury or quarantine is not entitled to receive benefits while unable to work for that reason.

Limitation

(2) If benefits are payable to a claimant for unemployment caused by illness, injury or quarantine and any allowances, money or other benefits are payable to the claimant for that illness, injury or quarantine under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed.

Deduction

(3) If earnings are received by a claimant for a period in a week of unemployment during which the claimant is incapable of work because of illness, injury or quarantine, subsection 19(2) does not apply and, subject to subsection 19(3), all those earnings shall be deducted from the benefits payable for that week.

Pregnancy

22. (1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant who proves her pregnancy.

Weeks for which benefits may be paid

(2) Subject to section 12, benefits are payable to a major attachment claimant under this section for each week of unemployment in the period

1. that begins the earlier of
   1. eight weeks before the week in which her confinement is expected, and
   2. the week in which her confinement occurs; and
2. that ends 17 weeks after the later of
   1. the week in which her confinement is expected, and
   2. the week in which her confinement occurs.

Limitation

(3) When benefits are payable to a claimant for unemployment caused by pregnancy and any allowances, money or other benefits are payable to the claimant for that pregnancy under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed.

Application of section 18

(4) For the purposes of section 13, the provisions of section 18 do not apply to the two week period that immediately precedes the period described in subsection (2).

Earnings deducted

(5) If benefits are payable under this section to a major attachment claimant who receives earnings for a period that falls in a week in the period described in subsection (2), the provisions of subsection 19(2) do not apply and, subject to subsection 19(3), all those earnings shall be deducted from the benefits paid for that week.

Extension of period

(6) If a child who is born of the claimant's pregnancy is hospitalized, the period during which benefits are payable under subsection (2) shall be extended by the number of weeks during which the child is hospitalized.

Limitation

(7) The extended period shall end no later than 52 weeks after the week of confinement.

Parental benefits

23. (1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides.

Weeks for which benefits may be paid

(2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period

1. that begins with the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption; and
2. that ends 52 weeks after the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption.

Extension of period - children in hospital

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

Limitation

(3.1) No extension under subsection (3) may result in the period being longer than 104 weeks.

Extension of period - special benefits

(3.2) 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 (c), and (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b), the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

(3.21) 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 reason mentioned in paragraph 12(3)(b), the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

(3.22) 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 paragraph 12(3)(b), the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

(3.23) 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 reason mentioned in paragraph 12(3)(b), the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number.

Limitation

(3.3) No extension under any of the following provisions may result in the period referred to in subsection (2) being longer than the specified number of weeks: (a) for an extension under subsection (3.2), 67 weeks; (b) for an extension under subsection (3.21) or (3.22), 58 weeks; and (c) for an extension under subsection (3.23), 73 weeks.

(3.4) No extension under any of subsections 10(10) to (13.3) may result in the period referred to in subsection (2) being longer than 104 weeks.

(3.5) If benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant for the same reasons under a provincial law, the benefits payable to the claimant under this Act are to be reduced or eliminated as prescribed.

Division of weeks of benefits

(4) If two major attachment claimants are caring for a child referred to in subsection (1), or one major attachment claimant and an individual who claims benefits under section 152.05 are both caring for a child referred to in that subsection, weeks of benefits payable under this section, under section 152.05 or under both those sections, up to a maximum of 35 weeks, may be divided between them.

Maximum number of weeks that can be divided

(4.1) For greater certainty, if, in respect of the same child, a major attachment claimant makes a claim for benefits under this section and another person makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed 35 weeks.

Deferral of waiting period

(5) A major attachment claimant who makes a claim for benefits under this section may have his or her waiting period deferred until he or she makes another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if

1. the claimant has already made a claim for benefits under section 22 or this section in respect of the same child and has served the waiting period;
   
2. another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving his or her waiting period;
   
3. another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or
   
4. the claimant or another major attachment claimant meets the prescribed requirements.

Exception

(6) If a major attachment claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.04 or 152.05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then

1. if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or
   
2. if the individual is not the one who served or elected to serve the waiting period, that claimant may have his or her waiting period deferred in accordance with section 152.05.

1996 c. 23, s. 23; 2000, c. 14, s.4; 2000 c.12, ss. 107(2); 2002, c. 9, s.14; 2003, c. 15, s. 18; 2005, c.34, s. 130, 2009, ch. 33, s. 7

Compassionate care benefits Definition

23.1 (1) In this section, "family member'', in relation to an individual, means

1. a spouse or common-law partner of the individual;
2. a child of the individual or a child of the individual's spouse or common-law partner;
3. a parent of the individual or a spouse or common-law partner of the parent; and
4. any other person who is a member of a class of persons prescribed for the purposes of this definition.

Compassionate care benefits

(2) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor has issued a certificate stating that

1. a family member of the claimant has a serious medical condition with a significant risk of death within 26 weeks
   1. from the day the certificate is issued,
   2. in the case of a claim that is made before the day the certificate is issued, from the day from which the medical doctor certifies the family member's medical condition, or
   3. in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), from that earlier day; and
2. the family member requires the care or support of one or more other family members.

Medical practitioner

(3) In the circumstances set out in the regulations, the certificate required under subsection (2) may be issued by a member of a prescribed class of medical practitioners.

Weeks for which benefits may be paid

(4) Subject to section 12, benefits under this section are payable for each week of unemployment in the period

1. that begins with the first day of the week in which the following falls, namely,
   1. the day of issuance of the first certificate in respect of the family member that meets the requirements of subsection
   2. and is filed with the Commission,
   3. in the case of a claim that is made before the day the certificate is issued, the day from which the medical doctor certifies the family member's medical condition, or
   4. in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), that earlier day; and
2. that ends on the last day of the week in which any of the following occurs, namely,
   1. all benefits payable under this section in respect of the family member are exhausted,
   2. the family member dies, or
   3. the expiration of 26 weeks following the first day of the week referred to in paragraph (a).

Shorter period

(5) If a shorter period is prescribed for the purposes of this section,

1. the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and
2. that period applies for the purposes of subparagraph (4)(b)(iii).

Exception

(6) Subparagraph (4)(a)(ii) does not apply to a claim if

1. at the time the certificate is filed with the Commission, 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 (4) has already been determined with respect to the family member, and the filing of the certificate with the Commission 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.

Deferral of waiting period

(7) A claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if

1. another claimant has made a claim for benefits under this section or section 152.06 in respect of the same family member during the period described in subsection (4) and that other claimant has served or is serving their waiting period in respect of that claim;
2. another claimant is making a claim for benefits under this section or section 152.06 in respect of the same family member at the same time as the claimant and that other claimant elects to serve the waiting period; or
3. the claimant, or another claimant who has made a claim for benefits under this section or section 152.06 in respect of the same family member, meets the prescribed requirements.

2009, c. 33, s. 8 

Division of weeks of benefits

(8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.06 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 152.06 or under both those sections, up to a maximum of six weeks, may be divided in the manner agreed to by those claimants.

Maximum number of weeks that can be divided

(8.1) For greater certainty, if, in respect of the same family member, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.06, the total number of weeks of benefits payable under this section and section 152.06 that may be divided between them may not exceed six weeks.

2009, c. 33, s. 8 

Failure to agree

(9) If the claimants referred to in subsection (8) cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

Limitation

(10) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.

1996, c. 23, s. 23; 2003, c. 15, s. 19

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