Employment Insurance Regulations - Part I - Unemployment Benefits

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Current EI (Main) Regulations

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PART I

UNEMPLOYMENT BENEFITS

Rates of Unemployment

17. (1)  Subject to subsection (2), the regional rate of unemployment that applies to a claimant is the average of the seasonally adjusted monthly rates of unemployment for the last three-month period for which statistics were produced by Statistics Canada that precedes the week referred to in subsection 10(1) of the Act

  1. for the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, for the region in which the claimant was ordinarily resident in that week; or
  2. for the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, where the claimant was ordinarily resident outside Canada during that week, for the region in which the claimant was last employed in insurable employment in Canada.

     (2)  Where a claimant referred to in paragraph (1)(a) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

     (3)  Where a claimant referred to in paragraph (1)(b) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

     (4)  The seasonally adjusted monthly rate of unemployment referred to in subsection (1) shall be obtained by using the regional rates of unemployment produced by Statistics Canada that incorporate an estimate of the rates of unemployment for status Indians living on Indian reserves.

17.1 (1) The definitions in this subsection apply in this section.

means the region described in subsection 3(1) of Schedule I. (région de Gaspésie—Îles-de-la-Madeleine)

"Lower St. Lawrence and North Shore" means the region described in subsection 3(11) of Schedule I. (région du Bas Saint-Laurent—Côte Nord)

"Madawaska—Charlotte" means the region described in subsection 5(2) of Schedule I. (région de Madawaska—Charlotte)

"Restigouche—Albert" means the region described in subsection 5(3) of Schedule I. (région de Restigouche—Albert)

  (2) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska—Charlotte, the applicable regional rate of unemployment is the greater of

  1. the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
  2. the average of
    1. the regional rate of unemployment for Restigouche—Albert, as determined in accordance with subsection 17(1), and
    2. the average of the regional rates of unemployment for Restigouche—Albert and Madawaska—Charlotte, as determined in accordance with subsection 17(1).

     (3) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska—Charlotte, the applicable regional rate of unemployment is the greater of

  1. the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
  2. the average of
    1. the regional rate of unemployment for Restigouche—Albert, as determined in accordance with subsection 17(1), and
    2. the average of the regional rates of unemployment for Restigouche—Albert and Madawaska—Charlotte, as determined in accordance with subsection 17(1).

     (4) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska-Charlotte, the applicable regional rate of unemployment is the greater of

  1. the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
  2. the average of the regional rates of unemployment for Madawaska—Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).

     (5) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska-Charlotte, the applicable regional rate of unemployment is the greater of

  1. the regional rate of unemployment for Madawaska—Charlotte, as determined in accordance with subsection 17(1), and
  2. the average of the regional rates of unemployment for Madawaska—Charlotte and Restigouche-Albert, as determined in accordance with subsection 17(1).

   (6) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Madawaska — Charlotte, the applicable regional rate of unemployment is

  1. in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of
    1. the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
    2. the average of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (4)(b);
  2. in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of
    1. the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
    2. the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.15; and
  3. in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of
    1. the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
    2. the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.05.

   (7) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Madawaska — Charlotte, the applicable regional rate of unemployment is

  1. in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of
    1. the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
    2. the average of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (5)(b);
  2. in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of
    1. the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
    2. the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.15; and
  3. in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of
    1. the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), and
    2. the sum of the regional rate of unemployment for Madawaska — Charlotte, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Restigouche — Albert, as determined in accordance with that subsection, multiplied by 0.05.

     (8) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

  1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
  2. the average of
    1. the regional rate of unemployment for Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and
    2. the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

     (9) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on September 17, 2000 and ending on October 6, 2001, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

  1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
  2. the average of
    1. the regional rate of unemployment for Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1), and
    2. the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

     (10) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

  1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
  2. the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

     (11) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in respect of the period beginning on October 7, 2001 and ending on October 12, 2002, and in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is the greater of

  1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
  2. the average of the regional rates of unemployment for Lower St. Lawrence and North Shore and Gaspésie—Îles-de-la-Madeleine, as determined in accordance with subsection 17(1).

   (12) For the purposes of sections 7, 7.1, 12 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is

  1. in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of
    1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
    2. the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (10)(b);
  2. in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of
    1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
    2. the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.15; and
  3. in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of
    1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
    2. the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.05.

   (13) For the purposes of sections 7, 7.1 and 14 and Part VIII of the Act, in the case of a claimant who, during the week referred to in subsection 10(1) of the Act, was ordinarily resident outside Canada and who was last employed in insurable employment in Canada in Lower St. Lawrence and North Shore, the applicable regional rate of unemployment is

  1. in respect of the period beginning on October 13, 2002 and ending on August 6, 2011, the greater of
    1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
    2. the average of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and the average rate determined in accordance with paragraph (11)(b);
  2. in respect of the period beginning on August 7, 2011 and ending on February 11, 2012, the greater of
    1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
    2. the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.85, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.15; and
  3. in respect of the period beginning on February 12, 2012 and ending on April 7, 2012, the greater of
    1. the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), and
    2. the sum of the regional rate of unemployment for Lower St. Lawrence and North Shore, as determined in accordance with subsection 17(1), multiplied by 0.95, and the regional rate of unemployment for Gaspésie — Îles-de-la-Madeleine, as determined in accordance with that subsection, multiplied by 0.05.

   (14) Where a claimant referred to in subsection (2),(4),(6), (8), (10) or (12) ordinarily resides so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant resides, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

    (15) Where a claimant referred to in subsection (3),(5),(7), (9), (11) or (13) was last employed in insurable employment in Canada so near to the boundaries of more than one region that it cannot be determined with certainty in which region the claimant was employed, the regional rate of unemployment that applies to that claimant is the highest of the regional rates that apply in respect of each of those regions.

   (16) If, on any day after March 12, 2011, the required number of hours of insurable employment in a claimant’s qualifying period and the number of weeks for which benefits are payable, determined in respect of Madawaska — Charlotte using the regional rate of unemployment as determined in accordance with subsection (6), are exactly the same as if they were determined in respect of the same region using the regional rate of unemployment as determined in accordance with subsection 17(1), subsections (6) and (7) cease to have effect on the Sunday after that day.

   (17) If, on any day after March 12, 2011, the required number of hours of insurable employment in a claimant’s qualifying period and the number of weeks for which benefits are payable, determined in respect of Lower St. Lawrence and North Shore using the regional rate of unemployment as determined in accordance with subsection (12), are exactly the same as if they were determined in respect of the same region using the regional rate of unemployment as determined in accordance with subsection 17(1), subsections (12) and (13) cease to have effect on the Sunday after that day.

   (18) As soon as possible after the condition referred to in subsection (16) or (17) is satisfied, the Commission must publish a notice in the Canada Gazette that specifies the provisions that cease to have effect. The Commission must also publish the notice on its website.

SOR/2000-355, s. 1; SOR/2002-154, s. 1; SOR/2003-336, s. 1; SOR/2004-145, s. 1; SOR/2005-144, s. 1; SOR/2006-240, s. 1; SOR/2010-81, s. 1 

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