Employment Insurance Regulations - Amendments

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Past Amendments to (Main) Regulations

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Resolution   Amendments   Analysis Statement

AMENDMENTS TO THE EMPLOYMENT INSURANCE REGULATIONS

SOR/2011-127
June 16, 2011

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AMENDMENTS

1. The heading before section 77.3 and sections 77.3 and 77.4 of the Employment Insurance Regulations  (see footnote 1) are repealed. 

2. The Regulations are amended by adding the following after section 77.92: 

PILOT PROJECT FOR CALCULATING BENEFIT RATE BASED ON CLAIMANT’S 14 HIGHEST WEEKS OF INSURABLE EARNINGS

77.93 (1) Pilot Project No. 16 is established for the purpose of testing whether paying benefits based on a rate of weekly benefits calculated using the insurable earnings from a claimant’s 14 highest weeks of insurable earnings in the qualifying period would encourage claimants to accept all available work.

(2) Pilot Project No. 16 applies in respect of every claimant whose benefit period is established in the period beginning on June 26, 2011 and ending on June 23, 2012 and who is ordinarily resident in a region described in Schedule I that is set out in Schedule II.91, other than a claimant in respect of whom Part VII.1 of the Act applies or in respect of whom the Employment Insurance (Fishing) Regulations apply.

(3) For the purposes of Pilot Project No. 16,

1. subsections 14(2), (4) and (4.1) of the Act do not apply;
   
2. the reference in subsection 14(3) of the Act to “the rate calculation period” shall be read as a reference to “the qualifying period”;
   
3. the references in section 24.1 to “the rate calculation period” shall be read as references to “the qualifying period”;
   
4. section 24.2 does not apply;
   
5. the insurable earnings in a claimant’s qualifying period shall be the aggregate of
   
   
   1. the insurable earnings from the 14 highest weeks of insurable earnings in that period, not including any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1, and
      
   2. any insurable earnings paid or payable to the claimant in the qualifying period under section 24.1; and
      
6. a claimant’s weekly insurable earnings shall be determined by dividing the insurable earnings in the claimant’s qualifying period, determined in accordance with paragraph (e), by 14.

(4) If a claimant’s insurable earnings have been reported on the record of employment by pay period, the Commission shall

1. allocate the amount of insurable earnings proportionately over the pay period; or
   
2. if the claimant or the employer provides evidence of the amount of insurable earnings actually earned by the claimant in any week within the pay period, allocate the amount of insurable earnings proportionately over the other weeks in that pay period.

3. The Regulations are amended by adding the following after section 77.93: 

PILOT PROJECT INCREASING ALLOWABLE EARNINGS FROM EMPLOYMENT WHILE CLAIMANT IS RECEIVING BENEFITS

77.94 (1) Pilot Project No. 17 is established for the purpose of testing whether increasing the amount of a claimant’s allowable earnings from employment while the claimant is receiving benefits would encourage more claimants to accept employment while receiving benefits.

(2) Pilot Project No. 17 applies in respect of every claimant whose benefit period is established or ends in the period beginning on August 7, 2011 and ending on August 4, 2012 and who is ordinarily resident in a region described in Schedule I.

(3) For the purpose of Pilot Project No. 17, subsection 19(2) of the Act is adapted such that the maximum allowable earnings shall be

1. $75, if the claimant’s rate of weekly benefits is less than $188; and
   
2. 40% of the claimant’s rate of weekly benefits, if that rate is $188 or more.

(4) This section ceases to have effect on August 4, 2012.

4. Schedule I to the Regulations is amended by replacing the section references after the heading “SCHEDULE I” with the following: 

(Subsections 18(1), 77.2(2), 77.5(2), 77.7(2), 77.8(2), 77.9(2) and 77.92(2)) 

5. Schedule I to the Regulations is amended by replacing the section references after the heading “SCHEDULE I” with the following: 

(Subsections 18(1), 77.2(2), 77.5(2), 77.7(2), 77.8(2), 77.9(2), 77.92(2) and 77.93(2)) 

6. Schedule I to the Regulations is amended by replacing the section references after the heading “SCHEDULE I” with the following: 

(Subsections 18(1), 77.2(2), 77.5(2), 77.7(2), 77.8(2), 77.9(2), 77.92(2), 77.93(2) and 77.94(2)) 

7. Schedules II.3 and II.4 to the Regulations are repealed. 

8. The Regulations are amended by adding, after Schedule II.9, the Schedule II.91 set out in the schedule to these Regulations. 

COMING INTO FORCE 

9. (1) Sections 1, 4 and 7 come into force on the day on which these Regulations are registered. 

(2) Sections 2, 5 and 8 come into force on June 26, 2011. 

(3) Sections 3 and 6 come into force on August 7, 2011. 

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Footnote 1
SOR/96-332 

Resolution   Amendments   Analysis Statement