Employment Insurance Regulations - Amendments not in force

The following information is out of date.

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Current Version of the Employment Insurance Regulations

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—SOR/2010-10, s. 3:

3. The heading “UNEMPLOYMENT BENEFITS” before section 9.1 of the Regulations is replaced by the following:

BENEFITS

—SOR/2010-10, s. 4:

4. The Regulations are amended by adding the following after section 11:

Adjustment of Amount of Self-employed Earnings

11.1 (1) The amount of self-employed earnings referred to in subparagraph 152.07(1)(d)(i) of the Act shall be adjusted annually on a compound basis, beginning on January 1, 2012, by the ratio referred to in paragraph 4(2)(b) of the Act.

(2) If the ratio referred to in subsection (1) is less than 1.0 and would result in an adjusted amount of less than $6,000, the ratio is deemed to be 1.0.

(3) If the adjusted amount calculated in accordance with subsections (1) and (2) is not a multiple of one dollar, that amount shall be rounded down to the nearest dollar.

—SOR/2010-10, s. 5:

5. The heading before section 13 of the Regulations is replaced by the following:

Average Number of Weeks for the Purposes of Paragraphs 7.1(6)(b) and 152.07(3)(b) of the Act

—SOR/2010-10, s. 6:

6. Section 13 of the Regulations is renumbered as subsection 13(1) and is amended by adding the following:

(2) For the purposes of paragraph 152.07(3)(b) of the Act, a self-employed person’s average number of weeks of benefits is the maximum number of weeks for which benefits may be paid to them under subsection 152.14(1) of the Act, less the number of weeks of benefits paid to them, including the weeks of benefits used to establish the overpayment referred to in paragraph 152.07(3)(a) of the Act, with the result divided by two.

—SOR/2010-10, s. 7:

7. The Regulations are amended by adding the following after section 14:

14.01 An interruption of earnings of a self-employed person referred to in paragraph 152.07(1)(c) of the Act occurs at the beginning of the week in which the person declares having reduced the time devoted to their business activities by more than 40% of the normal level because the person ceases to work by reason of illness, injury, quarantine, pregnancy, the need to care for a child or children referred to in subsection 152.05(1) of the Act or the need to provide care or support to a family member referred to in subsection 152.06(1) of the Act.

—SOR/2010-10, s. 8:

8. The Regulations are amended by adding the following after section 24.2:

Exclusion of Certain Insurable Earnings in the Calculation of the Rate of Weekly Benefits of a Self-employed Person

24.3 For the purposes of paragraph 152.16(1)(b) of the Act, the following insurable earnings are not taken into account in the calculation of the rate of weekly benefits of a self-employed person:

(a) insurable earnings from any employment that they lost because of their misconduct or that they voluntarily left without just cause within the meaning of paragraphs 29(b.1) and (c) of the Act; and

(b) insurable earnings in the qualifying period earned before the beginning of a prior benefit period established under Part I of the Act or regulations made under Part VIII of the Act for the self-employed person as an insured person.

—SOR/2010-10, s. 9:

9. The Regulations are amended by adding the following after section 25:

Election to Receive Benefits Payable Under Part I or VII.1 of the Act

25.1 The election referred to in subsection 152.09(1) of the Act shall be made to the Commission in writing.

—SOR/2010-10, s. 10:

10. Subsections 27(1) and (2) of the Regulations are replaced by the following:

27. (1) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission on behalf of a person with mental disabilities or an incapacitated person, the Commission shall authorize payment of the benefits to any person acting on behalf of the person if the person on whose behalf the claim is made meets the requirements of Part I, VII.1 or VIII of the Act.

(2) If an initial claim for benefits or a claim for benefits for a week of unemployment is made to the Commission by the legal representative of a deceased person, the Commission shall authorize payment of the benefits to the legal representative if the deceased person, at the time of death, met the requirements of Part I, VII.1 or VIII of the Act.

—SOR/2010-10, s. 11:

11. Section 30 of the Regulations is amended by adding the following after subsection (4):

(5) For the purposes of this section, “self-employed person” means an individual who

(a) is or was engaged in a business; or

(b) is employed but does not have insurable employment by reason of paragraph 5(2)(b) of the Act.

—SOR/2010-10, s. 12:

12. The Regulations are amended by adding the following after section 30:

Week of Unemployment — Self-employed Person

30.1 For the purposes of Part VII.1 of the Act, a week of unemployment for a self-employed person is, despite section 30, a week in which the person reduces the time devoted to their business activities by more than 40% of the normal level.

30.2 For the purposes of subsection 152.03(4) of the Act, a self-employed person is deemed to be not working if they are not engaged in

(a) the normal activities of their business; and

(b) the normal activities for the continuation of their business.

—SOR/2010-10, s. 13:

13. Section 32 of the Regulations is replaced by the following:

32. For the purposes of sections 18 and 152.19 of the Act, a working day is any day of the week except Saturday and Sunday.

—SOR/2010-10, s. 14:

14. Subsection 34(3) of the Regulations is replaced by the following:

(3) If a claimant establishes, in the manner directed by the Commission under section 16 or 152.17 of the Act, that the claimant or the claimant’s cohabiting spouse or common-law partner is in receipt of a child tax benefit for the month preceding the Sunday of the week in respect of which the claimant makes a claim for benefits, the claimant’s rate of weekly benefits for that week shall be increased by the amount of a family supplement determined in accordance with this section.

—SOR/2010-10, s. 15:

15. (1) Subsection 35(1) of the Regulations is amended by adding the following in alphabetical order:

“self-employed person” has the same meaning as in subsection 30(5). (« travailleur indépendant »)

(2) The portion of subsection 35(2) of the Regulations before paragraph (a) is replaced by the following:

(2) Subject to the other provisions of this section, the earnings to be taken into account for the purpose of determining whether an interruption of earnings under section 14 has occurred and the amount to be deducted from benefits payable under section 19, subsection 21(3), 22(5), 152.03(3) or 152.04(4) or section 152.18 of the Act, and to be taken into account for the purposes of sections 45 and 46 of the Act, are the entire income of a claimant arising out of any employment, including

(3) Subparagraphs 35(2)(c)(iii) and (iv) of the Regulations are replaced by the following:

(iii) a leave plan providing payment in respect of the care of a child or children referred to in subsection 23(1) or 152.05(1) of the Act, or

(iv) a leave plan providing payment in respect of the care or support of a family member referred to in subsection 23.1(2) or 152.06(1) of the Act;

(4) Paragraph 35(2)(d) of the Regulations is replaced by the following:

(d) notwithstanding paragraph (7)(b) but subject to subsections (3) and (3.1), the payments a claimant has received or, on application, is entitled to receive from a motor vehicle accident insurance plan provided under a provincial law in respect of the actual or presumed loss of income from employment due to injury, if the benefits paid or payable under the Act are not taken into account in determining the amount that the claimant receives or is entitled to receive from the plan;

(5) Section 35 of the Regulations is amended by adding the following after subsection (3):

(3.1) If a self-employed person has sustained an injury referred to in paragraph (2)(d) before the beginning of the period referred to in section 152.08 of the Act, the payments referred to in that paragraph shall not be taken into account as earnings.

(6) Paragraph 35(7)(e) of the Regulations is replaced by the following:

(e) the moneys referred to in paragraph (2)(e) if

(i) in the case of a self-employed person, the moneys became payable before the beginning of the period referred to in section 152.08 of the Act, and

(ii) in the case of other claimants, the number of hours of insurable employment required by section 7 or 7.1 of the Act for the establishment of their benefit period was accumulated after the date on which those moneys became payable and during the period in respect of which they received those moneys; and

(7) Paragraph 35(10)(b) of the Regulations is replaced by the following:

(b) in the case of a claimant who is self-employed in farming, the gross income from that self-employment, including any farming subsidies the claimant receives under any federal or provincial program, remaining after deducting the operating expenses, other than capital expenditures, incurred in that self-employment;

—SOR/2010-10, s. 16:

16. (1) Subsection 36(6) of the Regulations is replaced by the following:

(6) The earnings of a claimant who is self-employed, or the earnings of a claimant that are from participation in profits or commissions, that arise from the performance of services shall be allocated to the weeks in which those services are performed.

(6.1) The earnings of a claimant who is self-employed, or the earnings of a claimant that are from participation in profits or commissions, that arise from a transaction shall be allocated

(a) if the aggregate amount of earnings that arise from a transaction occurring in a week is greater than the maximum yearly insurable earnings referred to in section 4 of the Act divided by 52, to the weeks in which the work that gave rise to the transaction was performed, in a manner that is proportional to the amount of work that was performed during each of those weeks or, if no such work was performed, to the week in which the transaction occurred; or

(b) if the aggregate amount of earnings that arise from a transaction occurring in a week is less than or equal to the maximum yearly insurable earnings referred to in section 4 of the Act divided by 52, to the week in which the transaction occurred or, if the claimant demonstrates that the work that gave rise to the transaction occurred in more than one week, to the weeks in which the earnings were earned, in a manner that is proportional to the amount of work that was performed during each of those weeks.

(6.2) The earnings of a claimant who is self-employed, or the earnings of a claimant that are from participation in profits or commissions, that do not arise from the performance of services or from a transaction shall be allocated equally to each week falling within the period in which the earnings were earned.

(2) Paragraph 36(7)(a) of the Regulations is replaced by the following:

(a) if they arose from a transaction, in accordance with subsection (6.1); and

(3) Paragraph 36(12)(a) of the Regulations is replaced by the following:

(a) payments in respect of sick leave, maternity leave or adoption leave or leave for the care of a child or children referred to in subsection 23(1) or 152.05(1) of the Act;

(4) Paragraph 36(12)(e) of the Regulations is replaced by the following:

(e) payments in respect of the care or support of a family member referred to in subsection 23.1(2) or 152.06(1) of the Act.

—SOR/2010-10, s. 17:

17. Subsection 37(1) of the Regulations is replaced by the following:

37. (1) Subject to the other provisions of this section, payments received by a claimant as an insured person under a supplemental unemployment benefit plan are not earnings for the purposes of section 19, subsection 21(3), section 45 or 46, subsection 152.03(3) or section 152.18 of the Act.

—SOR/2010-10, s. 18:

18. The portion of section 38 of the Regulations before paragraph (a) is replaced by the following:

38. The following portion of any payments that are paid to a claimant as an insured person because of pregnancy, for the care of a child or children referred to in subsection 23(1) or 152.05(1) of the Act, or for the care or support of a family member referred to in subsection 23.1(2) or 152.06(1) of the Act, or because of any combination of those reasons, is excluded as earnings for the purposes of section 35, namely, the portion that

—SOR/2010-10, s. 19:

19. (1) Subsection 39(1) of the Regulations is replaced by the following:

39. (1) If a claimant has earnings in respect of a period that falls in the claimant’s waiting period, an amount equal to those earnings or, if paragraph 19(3)(a) or 152.18(3)(a) of the Act applies in respect of those earnings, the amount required by that paragraph to be deducted, shall be deducted from the benefits payable for the first three weeks for which benefits are otherwise payable.

(2) Paragraph 39(3)(a) of the Regulations is replaced by the following:

(a) under a wage-loss indemnity plan by reason of illness, injury, quarantine, pregnancy, the care of a child or children referred to in subsection 23(1) or 152.05(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) or 152.06(1) of the Act, or under a workers’ compensation plan; or

(3) Paragraph 39(3)(b) of the Regulations is replaced by the following:

(b) by an employer in respect of sick leave, maternity leave or adoption leave, leave for the care of a child or children referred to in subsection 23(1) or 152.05(1) of the Act or leave for the care or support of a family member referred to in subsection 23.1(2) or 152.06(1) of the Act.

—SOR/2010-10, s. 20:

20. (1) Subsection 40(1) of the Regulations is replaced by the following:

40. (1) The information and evidence to be provided to the Commission by a claimant in order to prove inability to work because of illness, injury or quarantine under paragraph 18(b) or subsection 152.03(1) of the Act, is a medical certificate completed by a medical doctor or other medical professional attesting to the claimant’s inability to work and stating the probable duration of the illness, injury or quarantine.

(2) Subsections 40(4) and (5) of the Regulations are replaced by the following:

(4) For the purposes of paragraphs 8(2)(a) and 18(b) and subsections 28(7) and 152.03(1) of the Act, illness, injury or quarantine is any illness, injury or quarantine that renders a claimant incapable of performing the duties of their regular or usual employment or of other suitable employment.

(5) A pregnancy that is terminated within the first 19 weeks is an illness for the purposes of paragraph 18(b) and subsection 152.03(1) of the Act.

(3) Paragraph 40(6)(a) of the Regulations is replaced by the following:

(a) the claimant qualifies to receive benefits in that benefit period by reason of an interruption of earnings as described in subsection 14(2) or section 14.01; and

(4) Paragraph 40(7)(a) of the Regulations is replaced by the following:

(a) the claimant qualifies to receive benefits in that benefit period by reason of an interruption of earnings as described in subsection 14(2) or section 14.01; and

—SOR/2010-10, s. 21:

21. The portion of subsection 41(1) of the Regulations before paragraph (a) is replaced by the following:

41. (1) For the purposes of sections 22 and 152.04 of the Act, the information and evidence to be provided to the Commission by a claimant to prove pregnancy and the expected date of confinement is

—SOR/2010-10, s. 22:

22. The portion of subsection 41.11(2) of the Regulations before paragraph (a) is replaced by the following:

(2) The following classes of persons, in relation to an individual, are prescribed for the purposes of paragraph 23.1(1)(d) of the Act and paragraph (d) of the definition “family member” in subsection 152.01(1) of the Act:

—SOR/2010-10, s. 23:

23. The portion of section 41.2 of the Regulations before paragraph (a) is replaced by the following:

41.2 For the purposes of subsections 23.1(3) and 152.06(2) of the Act, the medical certificate referred to in subsections 23.1(2) and 152.06(1) of the Act may be issued by the following persons:

—SOR/2010-10, s. 24:

24. The portion of section 41.3 of the Regulations before paragraph (a) is replaced by the following:

41.3 For the purposes of subsections 23.1(9) and 152.06(7) of the Act, the remaining weeks of unpaid benefits shall be divided as follows:

—SOR/2010-10, s. 25:

25. Section 54 of the Regulations is replaced by the following:

54. (1) A claimant who is not a self-employed person, who is an inmate of a prison or similar institution and who has been granted parole, day parole, temporary absence or a certificate of availability, for the purpose of seeking and accepting employment in the community, is not disentitled from receiving benefits by reason only of section 37 of the Act.

(2) A self-employed person who is an inmate of a prison or similar institution and who has been granted parole, day parole or a temporary absence is not disentitled from receiving benefits by reason only of section 152.2 of the Act.

—SOR/2010-10, s. 26:

26. (1) The portion of subsection 55(1) of the Regulations before paragraph (a) is replaced by the following:

55. (1) Subject to section 18 of the Act, a claimant who is not a self-employed person is not disentitled from receiving benefits for the reason that the claimant is outside Canada

(2) Subsection 55(4) of the Regulations is replaced by the following:

(4) A claimant who is not a self-employed person is not disentitled from receiving benefits in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act, the care or support of a family member referred to in subsection 23.1(2) of the Act or while attending a course or program of instruction or training referred to in paragraph 25(1)(a) of the Act, for the sole reason that the claimant is outside Canada.

(3) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following:

(5) A major attachment claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if

(4) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following:

(6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if

(5) Subsection 55(11) of the Regulations is replaced by the following:

(11) A claimant who is not a self-employed person is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if the claimant is outside Canada, with the approval of the Commission, in the course of the claimant’s employment under the Self-employment employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act.

—SOR/2010-10, s. 27:

27. The Regulations are amended by adding the following after section 55:

55.01 (1) A self-employed person is not disentitled from receiving benefits for the reason that the self-employed person is outside Canada

(a) for the purpose of undergoing, at a hospital, medical clinic or similar facility outside Canada, medical treatment that is not readily or immediately available in the self-employed person’s area of residence in Canada, if the hospital, clinic or facility is accredited to provide the medical treatment by the appropriate governmental authority outside Canada;

(b) for a period of not more than seven consecutive days to attend the funeral of a member of the self-employed person’s immediate family or of one of the following persons, namely,

(i) a grandparent of the self-employed person or of the self-employed person’s spouse or common-law partner,

(ii) a grandchild of the self-employed person or of the self-employed person’s spouse or common-law partner,

(iii) the spouse or common-law partner of the self-employed person’s son or daughter or of the son or daughter of the self-employed person’s spouse or common-law partner,

(iv) the spouse or common-law partner of a child of the self-employed person’s father or mother or of a child of the spouse or common-law partner of the self-employed person’s father or mother,

(v) a child of the father or mother of the self-employed person’s spouse or common-law partner or a child of the spouse or common-law partner of the father or mother of the self-employed person’s spouse or common-law partner,

(vi) an uncle or aunt of the self-employed person or of the self-employed person’s spouse or common-law partner, and

(vii) a nephew or niece of the self-employed person or of the self-employed person’s spouse or common-law partner;

(c) for a period of not more than seven consecutive days to accompany a member of the self-employed person’s immediate family to a hospital, medical clinic or similar facility outside Canada for medical treatment that is not readily or immediately available in the family member’s area of residence in Canada, if the hospital, clinic or facility is accredited to provide the medical treatment by the appropriate governmental authority outside Canada; or

(d) for a period of not more than seven consecutive days to visit a member of the self-employed person’s immediate family who is seriously ill or injured.

(2) For the purpose of subsection (1), the following persons are considered to be members of the self-employed person’s immediate family:

(a) the father and mother of the self-employed person or of the self-employed person’s spouse or common-law partner;

(b) the spouse or common-law partner of the father or mother of the self-employed person or of the self-employed person’s spouse or common-law partner;

(c) the foster parent of the self-employed person or of the self-employed person’s spouse or common-law partner;

(d) a child of the self-employed person’s father or mother or a child of the spouse or common-law partner of the self-employed person’s father or mother;

(e) the self-employed person’s spouse or common-law partner;

(f) a child of the self-employed person or of the self-employed person’s spouse or common-law partner;

(g) a ward of the self-employed person or of the self-employed person’s spouse or common-law partner; and

(h) a dependant or relative residing in the self-employed person’s household or a relative with whom the self-employed person permanently resides.

(3) A self-employed person is not disentitled from receiving benefits in respect of pregnancy, the care of a child or children referred to in subsection 152.05(1) of the Act or the care or support of a family member referred to in subsection 152.06(1) of the Act for the sole reason that the self-employed person is outside Canada.

—SOR/2010-10, s. 29:

29. Paragraph 91(1)(a) of the Regulations is replaced by the following:

(a) to have expressed an intention to make a claim for benefits and to have made such a claim for the purposes of section 48, 49 or 152.1 of the Act, as the case may be; and