Employment Insurance Regulations - Part I - Unemployment Benefits

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Current EI (Main) Regulations

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PART I

UNEMPLOYMENT BENEFITS

Earnings in the Waiting Period

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)  The maximum amount to be deducted under subsection (1) in respect of a claimant's earnings for any one week in the claimant's waiting period is an amount equal to the claimant's rate of weekly benefits.

(3)  For the purpose of calculating the earnings of a claimant during the waiting period, no account shall be taken of amounts paid or payable

  1. 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
    1. as an indemnity described in paragraph 35(2) (f); or
  2. 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/97-31, s. 20.; SOR/2002-364, s. 2; SOR/2003-393, s. 8, SOR/2010-10, s. 19.

Waiving of the Waiting Period for Apprentices

39.1 The waiting period shall be waived if the following conditions are met:

  1. the claimant is attending a course that is a required part of an apprenticeship program and to which they are referred pursuant to paragraph 25(1)(a) of the Act;
  2. the claimant has ceased working for the reason described in paragraph (a); and
  3. the claimant has, after the coming into force of this section, served a waiting period in respect of a course that is required part of the same apprenticeship program.

SOR/2002-280, s. 1.

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