Human Resources Development Canada (HRDC) - Employment Insurance Regulations - Amendments

The following information is out of date.

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[ Resolution | Amendments | Analysis Statement ]

1. The heading¹ before section 77.1 and sections 77.1² and 77.2¹ of the Employment Insurance Regulations³ are replaced by the following:

Pilot Project for the Exclusion of Low-earning Weeks in the Calculation of Weekly Benefit Rates

77.1 (1) The Commission shall establish Pilot Project No. 4 for the purpose of assessing the costs and operational impact of and the effect on the rate of weekly benefits obtained by excluding low-earning weeks from the calculation of the insurable earnings of a claimant under section 14 of the Act and whether the resulting change in the calculation of the rate of weekly benefits payable to a claimant increases the incentive for claimants to accept short-term or part-time work.

(2) The definitions in this subsection apply in this section.

"low-earning week" means

1. a week beginning in December 1996 in respect of which a claimant has less than $150 of insurable earnings, excluding monies paid or payable by reason of lay-off or separation from employment, and in respect of which section 94.3 applies; or
2. a week beginning on or after January 1, 1997 in respect of which a claimant has less than $150 of insurable earnings, excluding monies paid or payable by reason of lay-off or separation from employment.

"regular-earning week" means

1. a week of insurable employment of a claimant beginning before January 1, 1997, other than a week referred to in paragraph (a) of the definition of "low-earning week" and a fishing insured week within the meaning of section 83 of the Unemployment Insurance Regulations as that section read on the day on which the fishing insured week began; or
2. a week beginning on or after January 1, 1997 in respect of which a claimant had $150 or more of insurable earnings, excluding monies paid or payable by reason of lay-off or separation from employment.

(3) For the purposes of the definitions "low-earning week" and "regular-earning week" in subsection (2), insurable earnings do not include

1. in the case of a week beginning before January 5, 1997, earnings of a fisherman referred to in section 78 of the Unemployment Insurance Regulations as that section read on the day on which that week began; and
2. in the case of a week beginning on or after January 5, 1997, insurable earnings of a fisher referred to in subsection 5(5) of the Employment Insurance (Fishing) Regulations.

(4) A claimant shall be included in Pilot Project No. 4 if the claimant

1. is a claimant in respect of whom a benefit period has been established under Part I of the Act on or after November 15, 1998 and who ordinarily resides in the region of Eastern Ontario, North Central Ontario, Niagara, Huron, Sudbury, Northern Ontario, Eastern Quebec, Quebec, Central Quebec, Trois-Rivières, Sherbrooke, Montreal, Western Quebec, Hull, Northern Quebec, Chicoutimi-Jonquière, Eastern Nova Scotia, Central Nova Scotia, Kings, Yarmouth, Fredericton-Moncton-Saint John, Restigouche-Charlotte, Northern Manitoba, Southern Interior British Columbia, Southern Coastal British Columbia, Northern British Columbia, Prince Edward Island, Northern Saskatchewan, St. John's, Newfoundland/Labrador or Yukon-Northwest Territories as set out in Schedule I; and
2. has at least one regular-earning week in the rate calculation period and the aggregate of the claimant's low-earning weeks and regular-earning weeks in the rate calculation period is greater than the applicable divisor set out in the table to paragraph 14(2)(b) of the Act.

(5) For the purpose of determining the insurable earnings of a claimant in the rate calculation period under subsection 14(3) of the Act and the divisor under subsection 14(2) of the Act, low-earning weeks shall be excluded under Pilot Project No. 4 as follows:

1. if the claimant has accumulated a number of regular-earning weeks in the rate calculation period that is equal to or greater than the applicable divisor set out in the table to paragraph 14(2)(b) of the Act,
   1. the claimant's low-earning weeks shall be excluded when determining the divisor in accordance with subsection 14(2) of the Act, and
   2. the insurable earnings for those low-earning weeks shall be excluded when determining the claimant's insurable earnings in the rate calculation period; and
2. if the claimant has accumulated a number of regular-earning weeks in the rate calculation period that is less than the applicable divisor set out in the table to paragraph 14(2)(b) of the Act,
   1. a sufficient number of the claimant's low-earning weeks with the highest amount of insurable earnings shall be added to the claimant's regular-earning weeks to equal the applicable divisor set out in that table, and
   2. the claimant's insurable earnings in the rate calculation period shall be the total insurable earnings for the claimant's regular-earning weeks and for the claimant's low-earning weeks that were added under subparagraph (i), and the divisor shall be the applicable divisor set out in that table.

(6) For greater certainty, the implementation of Pilot Project No. 4 does not affect the insurability of the claimant's employment, the collection of premiums for the purposes of the Insurable Earnings and Collection of Premiums Regulations or the application of sections 7, 7.1 and 12 and subsection 14(4) of the Act.

COMING INTO FORCE

2. These Regulations come into force on November 15, 1998.

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¹ SOR/97-245
² SOR/97-265
³ SOR/96-332

[ Resolution | Amendments | Analysis Statement ]