Unemployment Insurance Act (Archived)

Benefit  

11. (1) Where a benefit period has been established for a claimant, benefit may be paid to the claimant for each week of unemployment that falls in the benefit period, subject to the maximums established by this section.

Maximum

(2) The maximum number of weeks for which benefit may be paid in a benefit period for any reasons other than those referred to in subsection (3) shall be determined in accordance with Table 2 of the schedule by reference to the regional rate of unemployment that applies to the claimant and the number of weeks of insurable employment of the claimant in the claimant's qualifying period.

Exceptions

(3) Subject to subsection (7), the maximum number of weeks for which benefit may be paid in a benefit period

1. for the reason of pregnancy is fifteen;
    
2. for the reason of caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is ten; and
    
3. (c) for the reason of prescribed illness, injury or quarantine is fifteen.

Idem

(4) Subject to subsection (7), the maximum number of weeks for which benefit may be paid

1. in respect of a single pregnancy is fifteen; and
2.  >
3. in respect of caring for one or more new-born or adopted children as a result of a single pregnancy or placement is ten.

Combined weeks of benefit

(5) In a claimant's benefit period, the claimant may combine weeks of benefit to which the claimant is entitled for any of the reasons referred to in subsection (3), but the maximum number of combined weeks is thirty.

Idem

(6) In a claimant's benefit period, the claimant may combine weeks of benefit to which the claimant is entitled for any of the reasons referred to in subsections (2) and (3), but if the claimant is entitled under subsection (2)

1. to more than thirty weeks of benefit, the total number of weeks of benefit payable for the reasons referred to in subsections (2) and (3) shall not exceed the claimant's entitlement under subsection (2); and
    
2. to thirty or fewer weeks of benefit, the claimant may, subject to the applicable maximums, receive a greater number of weeks of benefit where the claimant is also entitled to benefit for any of the reasons referred to in subsection (3), but the total number of weeks of benefit shall not exceed thirty. 

Extension of maximum

(7) The maximum number of ten weeks specified in paragraphs (3)(b) and (4)(b) is extended to fifteen weeks where

1. a child referred to in paragraph (3)(b) or (4)(b) is six months of age or older at the time of the child's arrival at the claimant's home or actual placement with the claimant for the purpose of adoption; and
    
2. (b) a medical practitioner or the agency that placed the child certifies that the child suffers from a physical, psychological or emotional condition that requires an additional period of parental care.

R.S., 1985, c. U-1, s. 11; R.S., 1985, c. 4 (4th Supp.), s. 2; 1990, c. 40, s. 9.

Waiting period 

12. A claimant is not entitled to be paid benefit in a benefit period until following the commencement of that benefit period he has served a two week waiting period that begins with a week of unemployment for which benefit would otherwise be payable. 1970-71-72, c. 48, s. 23; 1976-77, c. 54, s. 34.

Rate of benefit

13. (1) The rate of weekly benefit payable to a claimant for a week of unemployment that falls in the claimant's benefit period is an amount equal to

1. 55 per cent of the claimant's average weekly insurable earnings in the claimant's qualifying weeks, in the case of a claimant in respect of whom paragraph (b) does not apply; or
    
2. in any case where it is established, in such manner as the Commission may direct, that the prescribed circumstances exist in relation to one or more persons who are dependants of the claimant or of the spouse of the claimant or that, in the opinion of the Commission, even though the prescribed circumstances do not exist, the claimant or the spouse of the claimant supports one or more persons who are dependants of the claimant or of the spouse of the claimant,
   1. 60 per cent of the claimant's average weekly insurable earnings in the claimant's qualifying weeks, if the claimant's average weekly insurable earnings during his or her qualifying weeks do not exceed 50 per cent of the maximum weekly insurable earnings for the year in which the benefit period is established, or
       
   2. the greater of 55 per cent of the claimant's average weekly insurable earnings in the claimant's qualifying weeks and 30 per cent of the maximum weekly insurable earnings for the year in which the benefit period is established, if the claimant's average weekly insurable earnings during his or her qualifying weeks exceed 50 per cent of the maximum weekly insurable earnings for that year.

(1.1) [Repealed, 1994, c. 18, s. 22]

Qualifying weeks

(2) The qualifying weeks of a major attachment claimant are the last twenty weeks of insurable employment in his qualifying period.

Idem

(3) The qualifying weeks of a minor attachment claimant are the weeks of insurable employment in his qualifying period.

R.S., 1985, c. U-1, s. 13; 1993, c. 13, s. 18; 1994, c. 18, s. 22.

Days excluded from benefit

14. A claimant is not entitled to be paid benefit for any working day in a benefit period for which the claimant fails to prove that the claimant was either

1. capable of and available for work and unable to obtain suitable employment on that day,
    
2. incapable of work by reason of prescribed illness, injury or quarantine on that day, and that he would be otherwise available for work.
    
3. engaged in jury service.

R.S., 1985, c. U-1, s. 14; 1990, c. 40, s. 10; 1995, c7, s.1.

Earnings in waiting period

15. (1) If a claimant has earnings in respect of any time that falls in his waiting period, an amount not exceeding those earnings may, as prescribed, be deducted from the benefits payable in respect of the first three weeks for which benefits are otherwise payable.

Earnings in unemployed periods

(2) If a claimant has earnings in respect of any time that falls in a week of unemployment that is not in his waiting period, the amount of those earnings that is in excess of an amount equal to twenty-five per cent of the claimant's weekly benefit rate shall be deducted from the benefit payable to the claimant in that week. 1970-71-72, c. 48, s. 26.

Deduction for excluded days

16. (1) If a claimant is not entitled to receive benefits for any working day in his waiting period, an amount equal to one-fifth of his weekly rate of benefit for each such working day shall be deducted from the benefits payable in respect of the three weeks described in subsection 15(1).

Idem

(2) If a claimant is disentitled or disqualified from receiving benefits for any working day in a week of unemployment that is not in his waiting period, an amount equal to one-fifth of his weekly rate of benefit for each such working day shall be deducted from the benefits payable in respect of that week. 1970-71-72, c. 48, s. 27.

Illness, etc., resulting in cessation of work

17. (1) If a minor attachment claimant has ceased work because the claimant became incapable of work by reason of illness, injury or quarantine, the claimant is not entitled to receive benefit while incapable of work for that reason.

Limitation

(2) When benefit is payable to a claimant in respect of unemployment caused by illness, injury or quarantine and any allowances, moneys or other benefits are payable in respect of that illness, injury or quarantine to the claimant under a provincial law, the benefit payable to the claimant under this Act shall be reduced or eliminated as prescribed.

(3) [Repealed, 1990, c. 40, s. 11]

Deduction

(4) If earnings are received by a claimant for any period in a week of unemployment during which he is incapable of work by reason of illness, injury or quarantine, subsection 15(2) does not apply and all those earnings shall be deducted from the benefits payable in respect of that week.

R.S., 1985, c. U-1, s. 17; 1990, c. 40, s. 11.

Pregnancy

18. (1) Notwithstanding section 14 but subject to this section, benefit is payable to a major attachment claimant who proves her pregnancy.

Weeks for which benefit may be paid

(2) Subject to section 11, benefit is payable to a major attachment claimant under this section for each week of unemployment in the period

1. that begins
   1. eight weeks before the week in which her confinement is expected, or
       
   2. with the week in which her confinement occurs,
   
   whichever is the earlier; and
   
   
2. that ends seventeen weeks after the later of
   1. the week in which her confinement is expected, and
       
   2. (ii) the week in which her confinement occurs.

Limitation

(3) When benefits are payable to a claimant in respect of unemployment caused by pregnancy and any allowances, moneys or other benefits are payable in respect of that pregnancy to the claimant under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed.

Application of section 14

(4) For the purposes of section 12, the provisions of section 14 do not apply to the two week period that immediately precedes the period described in subsection (2).

Earnings deducted

(5) If benefit is payable to a major attachment claimant under this section and earnings are received by that claimant for any period that falls in a week in the period described in subsection (2), the provisions of subsection 15(2) do not apply and all those earnings shall be deducted from the benefit paid for that week.

Extension of period

(6) Where a child who is born of the claimant's pregnancy is hospitalized, the period during which benefit is payable under subsection (2) shall be extended by the number of weeks during which the child is hospitalized.

Limitation

(7) The period mentioned in subsection (6) shall end no later than fifty-two weeks after the week of confinement.

R.S., 1985, c. U-1, s. 18; 1990, c. 40, s. 12.

19. [Repealed, 1990, c. 40, s. 13]

Parental benefits

20. (1) Notwithstanding section 14, but subject to this section, benefit is payable to a major attachment claimant to remain at home to care for one or more new-born children of that claimant or one or more children placed with that claimant for the purpose of adoption pursuant to the laws governing adoption in the province in which that claimant resides.

Weeks for which benefit may be paid

(2) Subject to section 11, benefit under this section is payable for each week of unemployment in the period

1. that begins with the week in which the new-born child or children arrive at the claimant's home or the child or children are actually placed with the claimant for the purpose of adoption; and
    
2. that ends fifty-two weeks after the week in which the new-born child or children arrive at the claimant's home or the child or children are actually placed with the claimant for the purpose of adoption.

Earnings deducted

(3) Where benefits are payable to a major attachment claimant under this section and earnings are received by that claimant for any period that falls in a week in the period described in subsection (2), the provisions of subsection 15(2) do not apply and all those earnings shall be deducted from the benefit payable for that week.

Division of weeks of benefit

(4) Weeks of benefit payable under this section may be divided between the parents of the child or children.

(5) [Repealed, 1990, c. 40, s. 14]

R.S., 1985, c. U-1, s. 20; 1990, c. 40, s. 14.

20.1 to 20.3 [Repealed, 1990, c. 40, s. 15]

21. to 23. [Repealed, 1990, c. 40, s. 16]

Work Sharing

Regulations for work sharing benefits

24. (1) The Commission may, with the approval of the Governor in Council, make regulations providing for the payment of work sharing benefits to claimants who are qualified to receive benefits under this Act and are employed under a work sharing agreement that has been approved for the purposes of this section by special or general direction of the Commission including, without restricting the generality of the foregoing, regulations

1. defining and determining the nature of work sharing employment in respect of which benefits may be paid;
    
2. prescribing the maximum number of weeks for which benefits may be paid;
    
3. prescribing the method of paying benefit;
    
4. prescribing the rate of weekly benefit;
    
5. providing a method for fixing the amount that shall be deemed the weekly insurable earnings of a claimant employed in work sharing employment for the purposes of section 13;
    
6. prescribing the manner of treating, for benefit purposes, earnings received from the claimant's employer or from other sources;
    
7. providing for the extension of a claimant's qualifying period or benefit period for a number of weeks not exceeding the number of weeks of work sharing employment;
    
8. deferring service by a claimant of all or any part of his waiting period until his work sharing employment has terminated; and
    
9. providing for any other matters necessary for carrying the purposes and provisions of this section into effect.

No appeal

(2) No special or general direction of the Commission approving or disapproving any work sharing agreement for the purposes of subsection (1) is subject to appeal under section 79 or 80.

Presumption

(3) For the purposes of this Part, a claimant shall be deemed to be unemployed, capable of and available for work during any week he works in work sharing employment.

(4) [Repealed, 1990, c. 40, s. 17]

R.S., 1985, c. U-1, s. 24; 1990, c. 40, s. 17; 1993, c. 34, s. 131.

Job Creation

Definition of "job creation project"

25. (1) For the purposes of this section, "job creation project" means a project that is approved by the Commission for the purposes of this section under a program designed primarily to create employment and conducted by the Government of Canada pursuant to any Act of Parliament.

Benefits

(2) Benefit otherwise payable under this Part to a claimant who takes employment on a job creation project may, at the discretion of the Commission, be paid in the manner prescribed.

Presumption

(3) For the purposes of this Part, a week during which the claimant is employed on a job creation project and is paid benefit under subsection (2) shall be deemed to be a week of unemployment and, for the purposes of this Part, Part III, the Income Tax Actand the Canada Pension Plan, any benefit paid to a claimant under subsection (2) shall be deemed not to be earnings from employment.

Rates of benefit

(4) Notwithstanding section 13, the rate of weekly benefit payable to a claimant employed on a job creation project shall be an amount not exceeding the greater of the rate payable under that section and the wage rate applicable to employment on that project, as determined by the Commission.

No disentitlement or disqualification

(5) Notwithstanding anything in this Part, no claimant is disentitled or disqualified from receiving benefit under this Part by reason only of his voluntarily leaving or refusing to accept employment on a job creation project.

Requirement

(6) The Commission may require that a claimant who is employed on a job creation project be capable of and available for work in other employment and provide such proof thereof as the Commission may direct.

Extension of benefit period

(7) The benefit period of a claimant that is current when a claimant begins employment on a job creation project or that is established while the claimant is employed on such a project may, if it would otherwise terminate, be extended as prescribed to the end of a week that is not more than six weeks after the week in which the claimant separates from that employment.

Idem

(8) Notwithstanding any provisions of this Part limiting the number of weeks for which benefit is payable in a benefit period, benefit may, unless otherwise prescribed, be paid for each week of unemployment that falls in any extension of a benefit period under subsection (7).

Maximum extension

(9) Notwithstanding subsection (7), the length of any benefit period under that subsection shall not exceed fifty-eight weeks.

(10) [Repealed, 1990, c. 40, s. 18]

No appeal

(11) No decision of the Commission approving or disapproving any job creation project for the purposes of this section is subject to appeal under section 79 or 80.

Prescribed treatment

(12) Notwithstanding subsection 15(2), earnings received by a claimant who is employed on a job creation project from an employer or from any other source may be treated in a prescribed manner.

R.S., 1985, c. U-1, s. 25; 1990, c. 40, s. 18.

Training

Course or program of instruction or training 

26. (1) For the purposes of this Part, a claimant is unemployed, capable of and available for work during any period he is attending a course or program of instruction or training, or other courses or programs designed to facilitate the re-entry of a claimant into the employed labour force, to which he has been referred by such authority as the Commission may designate.

Extended benefit period

(2) The benefit period of a claimant that is current when the claimant begins attendance at a course or program to which he has been referred under subsection (1) or is established while the claimant is attending that course or program and that would otherwise terminate may, as prescribed, be extended to the end of a week that is not more than six weeks after the week in which the claimant completes or leaves the course or program with cause.

Idem

(3) Notwithstanding any provision of this Part limiting the number of weeks for which benefit is payable in a benefit period, benefit may, unless otherwise prescribed, be paid for each week of unemployment that falls in any extension of a benefit period under subsection (2).

Rates of benefit

(4) Notwithstanding section 13, the rates of weekly benefit payable to claimants who are attending courses or programs to which they have been referred under subsection (1) shall be prescribed amounts not exceeding the greater of the rates payable under that section and the rates payable under the National Training Act.

Limitation

(5) Notwithstanding subsection 9(9) and subsection (2), the length of any benefit period under subsection (2) shall not exceed one hundred and fifty-six weeks.

Presumption

(6) For the purposes of this Part, benefit may, as prescribed, be deemed to be paid for any weeks during the benefit period of a claimant for which the claimant is paid any allowance in respect of attendance at a course or program mentioned in subsection (1).

Deduction

(7) Notwithstanding subsection 15(2), where earnings or allowances are payable to a claimant for or in respect of a week during which he is attending a course or program mentioned in subsection (1), an amount not exceeding those earnings or allowances may, as prescribed, be deducted from any benefit payable to the claimant in respect of that week.

No appeal

(8) No decision referring or refusing to refer a claimant to a course or program mentioned in subsection (1) is subject to appeal under section 79 or 80.

Basic skills programs

(9) For greater certainty, the courses or programs referred to in subsection (1) include courses or programs in basic skills and literacy.

R.S., 1985, c. U-1, s. 26; 1990, c. 40, s. 19.

Developmental assistance regulations

26.1 (1) Notwithstanding anything in this Act, but subject to section 26.2, the Commission may, with the approval of the Governor in Council, make such regulations as it deems necessary respecting the establishment and operation of schemes to provide assistance to claimants who qualify to receive benefit under this Act for any of the following purposes:

1. for paying the costs of courses and programs mentioned in section 26;
    
2. for providing supplementary training allowances to claimants who are referred to courses and programs mentioned in section 26, including allowances for
   1. the care of dependent children while the claimants are attending the courses and programs,
       
   2. travelling to and from places where the courses and programs are held,
       
   3. living away from home while attending the courses and programs, or
       
   4. arrangements or devices to facilitate the participation of disabled persons;
   
   
3. for assisting claimants in seeking employment in areas where their opportunities for employment are greater and in moving to those places, or moving to places where they have found employment;
    
4. for assisting claimants in starting a business or becoming self-employed; and
    
5. for providing to claimants incentives to accept employment quickly, including bonuses and temporary earnings supplements.

No appeal

(2) No decision of the Commission on an application for assistance under any scheme established under subsection (1) is subject to appeal under section 79 or 80.

Scheme may be different

(3) Any scheme established under subsection (1) may, with respect to any matter, be different from the provisions of this Act relating to that matter.

Subsequent claims for benefit

(4) Any scheme established under paragraph (1)(c), (d) or (e) may provide that claimants who receive assistance under it and subsequently claim benefit are subject to eligibility requirements and benefit periods that are different from those that would otherwise apply to them under this Act.

Information in advance

(4.1) The Commission shall ensure that claimants who apply for assistance are informed in advance of any different eligibility requirements and benefit periods that may be applicable to them should they subsequently claim benefit.

Payment of assistance

(5) The Commission may, under any scheme established under subsection (1), pay amounts as assistance in respect of claimants who meet the requirements established by the scheme.

1990, c. 40, s. 20.

Monetary limit

26.2 (1) The total amount that may be paid in any year under sections 24 to 26.1 shall not exceed fifteen per cent of the total estimated expenditures under this Act, as set out in the plan for that year approved by the Governor in Council and laid before Parliament in accordance with subsection (2) or published in accordance with subsection (3).

Plan

(2) On or before November 1 in each year, the Minister, after consultation with such representatives of business and labour organizations as the Minister considers appropriate, shall

1. submit to the Governor in Council for approval a plan for the following year
   1. estimating the expenditures to be made under this Act,
       
   2. estimating the expenditures to be made under sections 24 to 26.1, and
       
   3. showing the estimated or, where available, the actual expenditures made under this Act in each province for each of the three years preceding the year to which the plan applies, and
   
   
2. cause the plan to be laid before Parliament.

Estimates for each province

(2.1) In the estimates of the expenditures referred to in subparagraphs 2(a)(i) and (ii), the plan shall include the estimated expenditures to be made in each province.

Parliament not sitting

(3) If Parliament is not sitting on November 1 in any year and the plan for the following year has not previously been laid before Parliament, the plan shall be

1. laid before Parliament within the first fifteen days thereafter on which either House of Parliament is sitting; and
    
2. published in the Canada Gazette before the following January 1, unless it is laid before Parliament before that day.

1990, c. 40, s. 20.

Disqualifications

27. (1) A claimant is disqualified from receiving benefits under this Part if without good cause since the interruption of earnings giving rise to his claim

1. he has refused or has failed to apply for a situation in suitable employment that is vacant after becoming aware that that situation is vacant or becoming vacant, or has failed to accept that situation after it has been offered to him;
    
2. he has neglected to avail himself of an opportunity for suitable employment;
    
3. he has failed to carry out any written direction given to him by an officer of the Commission with a view to assisting him to find suitable employment, if the direction was reasonable having regard both to his circumstances and to the usual means of obtaining that employment;
    
4. he has failed to attend an interview that the Commission has directed him to attend pursuant to section 91; or
    
5. he has failed to attend a course of instruction or training to which he was referred by such authority as the Commission designates in order that he become or keep fit for entry into or return to employment.

Employment not suitable

(2) For the purposes of this section, but subject to subsection (3), employment is not suitable employment for a claimant if it is

1. employment arising in consequence of a stoppage of work attributable to a labour dispute;
    
2. employment in his usual occupation either at a lower rate of earnings or on conditions less favourable than those observed by agreement between employers and employees, or in the absence of any such agreement, than those recognized by good employers; or
    
3. employment of a kind other than employment in his usual occupation either at a lower rate of earnings or on conditions less favourable than those that he might reasonably expect to obtain, having regard to those conditions that he habitually obtained in his usual occupation, or would have obtained had he continued to be so employed.

Reasonable interval

(3) After a lapse of a reasonable interval from the date on which an insured person becomes unemployed, paragraph (2)(c) does not apply to the employment described therein if it is employment at a rate of earnings not lower and on conditions not less favourable than those observed by agreement between employers and employees or, in the absence of any such agreement, than those recognized by good employers. 1970-71-72, c. 48, s. 40; 1974-75-76, c. 80, s. 15.

Disqualification

28. (1) A claimant is disqualified from receiving benefits under this Part if he lost his employment by reason of his own misconduct or if he voluntarily left his employment without just cause.

Loss of employment

(2) For the purposes of this section, loss of employment within the meaning of subsection (1) does not include loss of employment on account of membership in, or lawful activity connected with, any association, organization or union of workers.

Employment

(3) In this section, "employment" refers to the claimant's last employment immediately prior to the time his claim for benefit is made unless otherwise prescribed by the regulations.

Just cause

(4) For the purposes of this section, "just cause" for voluntarily leaving an employment exists where, having regard to all the circumstances, including any of the following circumstances, the claimant had no reasonable alternative to leaving the employment:

1. sexual or other harassment;
    
2. obligation to accompany a spouse or dependent child to another residence;
    
3. discrimination on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act;
    
4. working conditions that constitute a danger to health or safety;
    
5. obligation to care for a child or a member of the immediate family;
    
6. reasonable assurance of another employment in the immediate future;
    
7. significant modification of terms and conditions respecting wages or salary;
    
8. excessive overtime work or refusal to pay for overtime work;
    
9. significant changes in work duties;
    
10. antagonistic relations between an employee and a supervisor for which the employee is not primarily responsible;
     
11. practices of an employer that are contrary to law;
     
12. discrimination with regard to employment because of membership in any association, organization or union of workers;
     
13. undue pressure by an employer on employees to leave their employment; and
     
14. such other reasonable circumstances as are prescribed.

R.S., 1985, c. U-1, s. 28; 1990, c. 40, s. 21; 1993, c. 13, s. 19.

Suspension from employment

28.1 (1) Notwithstanding section 28, a claimant who is suspended from his or her employment by reason of his or her own misconduct is deemed not to have lost that employment by reason of his or her own misconduct within the meaning of that section.

Disentitlement

(2) A claimant described in subsection (1) is not entitled to receive benefit until

1. the period of suspension expires;
    
2. the claimant loses or voluntarily leaves his or her employment; or
    
3. the claimant, after the beginning of the period of suspension, accumulates with another employer the number of weeks of insurable employment required under section 6 in order to qualify to receive benefit under this Act.

1994, c. 18, s. 23.

Leave

28.2 (1) Notwithstanding section 28, a claimant who voluntarily takes a period of leave from his or her employment without just cause is deemed not to have voluntarily left that employment without just cause within the meaning of that section if, before or after the beginning of the period of leave,

1. the period of leave was authorized by the employer; and
    
2. the claimant and the employer agreed as to the day on which the claimant would resume employment.

Disentitlement

(2) A claimant described in subsection (1) is not entitled to receive benefit until

1. the claimant resumes employment;
    
2. the claimant loses or voluntarily leaves his or her employment; or
    
3. the claimant, after the beginning of the period of leave, accumulates with another employer the number of weeks of insurable employment required under section 6 in order to qualify to receive benefit under this Act.

1994, c. 18, s. 23.

Anticipated loss of employment

28.3 (1) Notwithstanding section 28, a claimant who, within three weeks before

1. the expiration of a term of employment, in the case of employment for a fixed term, or
    
2. the day on which the claimant is to be laid off according to a notice already given by the employer to the claimant,

loses his or her employment by reason of his or her own misconduct or voluntarily leaves his or her employment without just cause is deemed not to have lost that employment by reason of his or her own misconduct or to have voluntarily left that employment without just cause within the meaning of that section.

Disentitlement

(2) A claimant described in subsection (1) is not entitled to receive benefit until the expiration of the term of employment or the day on which the claimant was to be laid off.

1994, c. 18, s. 23.

Suspension of disentitlement

28.4 A disentitlement under section 28.1, 28.2 or 28.3 is suspended during any week for which the claimant is otherwise entitled to benefit for any reason referred to in subsection 11(3).

1994, c. 18, s. 23.

Exception

29. Notwithstanding anything in this Part, no claimant is disqualified from receiving any benefits under this Part by reason only of his leaving, or refusing to accept, employment if by remaining in or accepting the employment he would lose the right

1. to become a member of,
    
2. to continue to be a member and to observe the lawful rules of, or
    
3. to refrain from becoming a member of  

any association, organization or union of workers. 1970-71-72, c. 48, s. 42.

Disqualification under section 27

30. (1) Where a claimant is disqualified under section 27 from receiving benefit, the disqualification is for such weeks for which benefit would otherwise be payable following the claimant's waiting period as are determined by the Commission.

Length of disqualification  

(1.1) The number of weeks of a disqualification arising under paragraph 27(1)(a) or (b) shall be not less than seven nor more than twelve.

Idem

(1.2) The number of weeks of a disqualification arising under paragraph 27(1)(c), (d) or (e) shall be not more than six.

Presumption

(2) For the purposes of this Part, a benefit shall be deemed to be paid for any weeks of disqualification under subsection (1).

Exception

(3) Subsection (2) does not apply to prevent a claimant from requesting that a benefit period established for the claimant as a minor attachment claimant be cancelled under subsection 9(5) and that a benefit period be established for the claimant as a major attachment claimant to enable the claimant to receive benefit by reason of pregnancy, caring for one or more new-born children of the claimant, or one or more children placed with the claimant for the purpose of adoption, or prescribed illness, injury or quarantine.

Disqualification to be carried forward

(4) Any portion of a disqualification referred to in subsection (1) that has not been served when the claimant's benefit period terminates shall be carried forward at that termination and shall, subject to subsection (5), be served in any benefit period subsequently established within two years after the event that gave rise to the disqualification.

Limitation

(5) No weeks of disqualification referred to in subsection (1) shall be carried forward under subsection (4) against a claimant if he has had twenty or more weeks of insurable employment since the date of the event giving rise to the disqualification.

Rate of benefit

(6) Where a claimant has been disqualified under paragraph 27(1)(a) or (b), the rate of weekly benefit payable to the claimant for the weeks of unemployment determined under subsection (7) is, notwithstanding section 13, an amount equal to fifty per cent of the claimant's average weekly insurable earnings in the claimant's qualifying weeks.

Determination

(7) The rate of benefit referred to in subsection (6) applies for such weeks as the Commission may determine within the benefit period during which the claimant was disqualified.

Deferral

(8) The Commission shall defer the serving of a disqualification under section 27 where the claimant is otherwise entitled to benefit for any reason referred to in subsection 11(3).

R.S., 1985, c. U-1, s. 30; R.S., 1985, c. 4 (4th Supp.), s. 5; 1990, c. 40, s. 22; 1993, c. 13, s. 20.

Disqualification under section 28

30.1 (1) Where a claimant is disqualified under section 28 from receiving benefit, the disqualification is for each week in the claimant's benefit period for which benefit would otherwise be payable following the claimant's waiting period.

Retroactive disqualification

(2) Where the event giving rise to the disqualification referred to in subsection (1) occurs during a benefit period of the claimant, the disqualification does not include any week in that benefit period before the week in which the event occurs.

Suspension of disqualification

(3) Notwithstanding subsection (5), a disqualification referred to in subsection (1) is suspended during any week for which the claimant is otherwise entitled to benefit for any reason referred to in subsection 11(3).

Restriction 

(4) Where a claimant who is disqualified as described in subsection (1) makes an initial claim for benefit, no week of insurable employment before the week in which the event giving rise to the disqualification occurs, and no week of insurable employment in any employment that the claimant loses or leaves, after that event, as described in subsection 28(1), may be used for the purposes of subsection 6(2) or (3).

Idem

(5) No week of insurable employment in the employment in respect of which a disqualification referred to in subsection (1) arose or in any employment that a claimant loses or leaves as described in subsection 28(1) may be used for the purposes of subsection 11(2) or section 13.

1993, c. 13, s. 21.

Labour disputes

31. (1) Subject to the regulations, a claimant who has lost an employment or is unable to resume a previous employment by reason of a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed is not entitled to receive benefit until the earlier of

1. the termination of the stoppage of work, and
    
2. the day on which the claimant has become regularly engaged elsewhere in insurable employment.

Regulations

(1.1) The Commission may, with the approval of the Governor in Council, make regulations for determining the number of days of disentitlement in a week of a claimant who has lost a part-time employment or is unable to resume a part-time employment for any reason mentioned in subsection (1).

Suspension of disentitlement

(1.2) A disentitlement under this section shall be suspended during any period for which the claimant establishes that the claimant is otherwise entitled to benefit for any reason referred to in subsection 11(3) or section 26, if the claimant establishes, in such manner as the Commission may direct, that, before the work stoppage, the claimant had anticipated being absent from the claimant's employment for one of those reasons and had begun making arrangements in relation thereto.

Non-application

(2) This section does not apply if a claimant proves that the claimant is not participating in, financing or directly interested in the labour dispute that caused the stoppage of work.

Separate businesses

(3) Where separate branches of work that are commonly carried on as separate businesses in separate premises are carried on in separate departments on the same premises, each department shall, for the purpose of this section, be deemed to be a separate factory or workshop.

R.S., 1985, c. U-1, s. 31; 1990, c. 40, s. 23.