Employment Insurance Regulations - Part I - Unemployment Benefits

The following information is out of date.

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Current EI (Main) Regulations

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PART I

UNEMPLOYMENT BENEFITS

Claimants Not In Canada

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

1. 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 claimant'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;
2. for a period of not more than seven consecutive days to attend the funeral of a member of the claimant's immediate family or of one of the following persons, namely,
   
   1. a grandparent of the claimant or of the claimant's spouse or common-law partner,
   2. a grandchild of the claimant or of the claimant's spouse or common-law partner,
   3. the spouse or common-law partner of the claimant's son or daughter or of the son or daughter of the claimant's spouse or common-law partner,
   4. the spouse or common-law partner of a child of the claimant's father or mother or of a child of the spouse or common-law partner of the claimant's father or mother,
   5. a child of the father or mother of the claimant's spouse or common-law partner or a child of the spouse or common-law partner of the father or mother of the claimant's spouse or common-law partner,
   6. an uncle or aunt of the claimant or of the claimant's spouse or common-law partner, and
   7. a nephew or niece of the claimant or of the claimant's spouse or common-law partner;
      
3. for a period of not more than seven consecutive days to accompany a member of the claimant'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;
4. for a period of not more than seven consecutive days to visit a member of the claimant's immediate family who is seriously ill or injured;
5. for a period of not more than seven consecutive days to attend a bona fide job interview; or
6. for a period of not more than 14 consecutive days to conduct a bona fide job search.

 (2)  For the purpose of subsection (1), the following persons are considered to be members of the claimant's immediate family:

1. the father and mother of the claimant or of the claimant's spouse or common-law partner;
2. the spouse or common-law partner of the father or mother of the claimant or of the claimant's spouse or common-law partner;
3. the foster parent of the claimant or of the claimant's spouse or common-law partner;
4. a child of the claimant's father or mother or a child of the spouse or common-law partner of the claimant's father or mother;
5. the claimant's spouse or common-law partner;
6. a child of the claimant or of the claimant's spouse or common-law partner;
7. a ward of the claimant or of the claimant's spouse or common-law partner; and
8. a dependant or relative residing in the claimant's household or a relative with whom the claimant permanently resides.

(3) [Repealed, SOR/2001-290, s.3(3)]

(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.

(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

1. the benefits are in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act;
2. the claimant proves that they are incapable, by reason of illness, injury or quarantine, from performing the duties of their regular or usual employment or of other suitable employment.

(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

1. the claimant resides temporarily or permanently in a state of the United States that is contiguous to Canada and
   1. is available for work in Canada, and
   2. is able to report personally at an office of the Commission in Canada and does so when requested by the Commission; or
      
2. the claimant is qualified to receive benefits under Article VI of the Agreement between Canada and the United States respecting Unemployment Insurance, signed on March 6 and 12, 1942, and resides temporarily or permanently in one of the following places in respect of which the Commission has not, pursuant to section 16 of the Employment and Immigration Department and Commission Act, suspended the application of that Agreement, namely,
   
   1. the District of Columbia,
   2. Puerto Rico,
   3. the Virgin Islands, or
   4. any state of the United States.
      

(7)  Subject to subsection (10), the maximum number of weeks for which benefits may be paid in a benefit period, in respect of a claimant referred to in subsections (5) and (6) who is not disentitled from receiving benefits, is

1. in the case of benefits that are paid for a reason referred to in subsection 12(3) of the Act, the applicable number of weeks referred to in subsections 12(3) to (6) of the Act; and
2. in any other case, in respect of the number of hours of insurable employment in the claimant's qualifying period set out in column I of the table to this subsection, the corresponding number of weeks set out in column II of that table.
   

Item	Column I Number of Hours of Insurable Employment	Column II Number of Weeks of Benefits
1.	420 - 454	10
2.	455 - 489	10
3.	490 - 524	11
4.	525 - 559	11
5.	560 - 594	12
6.	595 - 629	12
7.	630 - 664	13
8.	665 - 699	13
9.	700 - 734	14
10.	735 - 769	14
11.	770 - 804	15
12.	805 - 839	15
13.	840 - 874	16
14.	875 - 909	16
15.	910 - 944	17
16.	945 - 979	17
17.	980 - 1014	18
18.	1015 - 1049	18
19.	1050 - 1084	19
20.	1085 - 1119	19
21.	1120 - 1154	20
22.	1155 - 1189	20
23.	1190 - 1224	21
24.	1225 - 1259	21
25.	1260 - 1294	22
26.	1295 - 1329	22
27.	1330 - 1364	23
28.	1365 - 1399	23
29.	1400 - 1434	24
30.	1435 - 1469	25
31.	1470 - 1504	26
32.	1505 - 1539	27
33.	1540 - 1574	28
34.	1575 - 1609	29
35.	1610 - 1644	30
36.	1645 - 1679	31
37.	1680 - 1714	32
38.	1715 - 1749	33
39.	1750 - 1784	34
40.	1785 - 1819	35
41.	1820 - or more	36

(8)  Subject to subsection (10), a claimant referred to in subsections (5) and (6), for whom a benefit period has been established and who subsequently becomes resident in Canada, continues to be entitled to receive benefits for not more than the maximum number of weeks referred to in subsection (7).

(9)  Subject to subsection (10), the maximum number of weeks for which benefits may be paid in the benefit period, in respect of a claimant for whom a benefit period has been established in Canada and who subsequently becomes a claimant referred to in subsection (6), is the greater of

1. the number of weeks for which the claimant has already received benefits in Canada; and
2. the number of weeks to which the claimant would have been entitled under subsection (7) if the claimant had been temporarily or permanently resident in a place referred to in subsection (6) when the benefit period was established.

(10)  In a claimant's benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (b), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50. If the benefit period:

1. is extended under subsection 10(13) of the Act, the maximum number of combined weeks is 65;
2. is extended under subsection 10(13.1) or (13.2) of the Act, the maximum number of combined weeks is 56; and
3. is extended under subsection 10(13.3) of the Act, the maximum number of combined weeks is 71.

(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.

(12)  Subject to subsection (13), where a claimant makes a claim for the purposes of this section, the claim shall be sent in an envelope or package addressed to the Commission, by mail or by means of a confirmed delivery service.

(13)  Where a claim is sent by the claimant to the Commission in a manner other than the manner required by subsection (12), the claim shall be reviewed by an employee of the Commission at the time of importation.

SOR/97-31, s. 21.; SOR/2000-393, S. 1; SOR 2001-290, s.3; SOR/2002-157, s.4; SOR/2003-393, s. 10, SOR/2010-10, s. 26

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

1. 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;
2. 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,
   1. a grandparent of the self-employed person or of the self-employed person’s spouse or common-law partner,
   2. a grandchild of the self-employed person or of the self-employed person’s spouse or common-law partner,
   3. 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,
   4. 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,
   5. 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,
   6. an uncle or aunt of the self-employed person or of the self-employed person’s spouse or common-law partner, and
   7. a nephew or niece of the self-employed person or of the self-employed person’s spouse or common-law partner;
3. 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
4. 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:

1. the father and mother of the self-employed person or of the self-employed person’s spouse or common-law partner;
2. 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;
3. the foster parent of the self-employed person or of the self-employed person’s spouse or common-law partner;
4. 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;
5.  the self-employed person’s spouse or common-law partner;
6. a child of the self-employed person or of the self-employed person’s spouse or common-law partner;
7. a ward of the self-employed person or of the self-employed person’s spouse or common-law partner; and
8. 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. 27

Provision of Information

55.1 Employers who participate in a program to enable the Commission to substantiate proof provided to it by claimants in respect of their fulfilment of conditions for receiving or continuing to receive benefits shall provide, electronically on a monthly basis, the following information to the Commission in respect of their employees:

1. dates of commencement of employment;
2. periods of employment; and
3. amounts earned during employment.

(2) Subsection (1) only applies to employers

1. who hired 10 or more employees within the past 12 months or who advise the Commission in writing that they expect to do so within the next 12 months; or
2. who were required under subsection 19(2) to complete 10 or more records of employment within the past 12 months or who advise the Commission in writing that they expect that they will be required to do so within the next 12 months.

SOR/2004-312, s.1; SOR/2009-187

RATIFICATION OF AMOUNTS PAID TO PERSONS WHILE NOT ENTITLED

55.2 The Commission may ratify the amounts paid

1. to claimants whose benefit period was established in the period beginning on January 4, 2009 and ending on September 11, 2010 following a claim for special benefits; and
2. for a week that is after the expiry of the benefit period that should have been established with respect to them under subsection 10(2) of the Act, as it read on October 25, 2009.

SOR/2011-75, s.1